Compiler's Note The Journal of the House of Representatives for the 2010 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 11 through March 26, 2010. Volume II contains March 30 through April 21, 2010. Volume III contains April 27 through April 29, 2010 and the complete index. JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA AT THE REGULAR SESSION Commenced at Atlanta, Monday, January 11, 2010 and adjourned Thursday, April 29, 2010 VOLUME I 2010 Atlanta, Ga. Printed on Recycled Paper OFFICERS OF THE HOUSE OF REPRESENTATIVES 2010 DAVID RALSTON............................................................................................. Speaker 7th DISTRICT, FANNIN COUNTY JAN JONES.......................................................................................... Speaker Pro Tem 46th DISTRICT, FULTON COUNTY ROBERT E. RIVERS, JR. ..................................................................................... Clerk HARALSON 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 COBB COUNTY CIARA BROWN.......................................Assistant Clerk for Roll Call Operations and Administrative Services FULTON 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 11, 2010 1 Representative Hall, Atlanta, Georgia Monday, January 11, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communications were received: April 14, 2009 To Whom It May Concern: I, Bobby Eugene Parham, hereby resign my position from the House of Representatives representing the 141 District, effective April 14, 2009. Sincerely, /s/ Bobby Eugene Parham House of Representatives Coverdell Legislative Office Building, Room 511 F Atlanta, Georgia 30334 April 20, 2009 Honorable Sonny Perdue Governor, State of Georgia VIA HAND DELIVERY RE: Resignation from the General Assembly Dear Gov. Perdue, Regrettably I must tender this, my resignation from the Georgia House of Representatives. I presently work as a Senior Assistant District Attorney with the Fulton County District Attorney's Office and have recently been made aware that this employment conflicts with the separation of powers clause of the Georgia Constitution. I have enjoyed my tenure representing the citizens of the 58th House District and my service to the State of Georgia. Please accept this letter as my immediate resignation; effective on the day of receipt. 2 JOURNAL OF THE HOUSE Please don't hesitate to call should you have any questions and don't hesitate to have your staff contact me should there be any additional procedures which I need to perform. Sincerely, /s/ Robbin Shipp State of Georgia Office of the Governor Atlanta 30334-0900 May 11, 2009 The Honorable Glenn Richardson Speaker of the Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Speaker Richardson I have vetoed House Bills 56, 100, 481, 553, 662, 710, 734, and 735 which passed the General Assembly in the 2009 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 60, 186, and 189. Sincerely, /s/ Sonny Perdue SP:jp Attachment 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 E. Ewing, Secretary of the Senate Mr. Sewell R. Brumby, Legislative Counsel MONDAY, JANUARY 11, 2010 3 State of Georgia Office of the Governor Atlanta 30334-0900 May 11, 2009 The Honorable Casey Cagle President of the Senate 240 State Capitol Atlanta, Georgia 30334 The Honorable Tommie Williams President Pro Tempore 321 State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Cagle and Senator Williams: I have vetoed Senate Bills 123, 159, 178, 211, 261, 266, and 267, and Senate Resolution 431, which passed the General Assembly in the 2009 Regular Session. Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit these bills to you together with the reasons for such vetoes. These bills and corresponding reasons for the vetoes are attached. Sincerely, /s/ Sonny Perdue SP:jb Attachment cc: The Honorable Glenn Richardson, Speaker of the Georgia 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 Veto Number 1 HB 56 House Bill 56 relates to the distribution of local option sales tax proceeds among counties and cities. The bill changes the process whereby counties and cities must renegotiate a new distribution formula after a census. Currently, if the county and qualified cities therein cannot agree on a new distribution formula, the tax is repealed. The bill removes that automatic repeal and allows sales taxes to continue to be distributed 4 JOURNAL OF THE HOUSE under the old formula while cities and counties litigate over a new formula. I believe that the most powerful incentive for local governments to agree is the potential loss of funds for lack of agreement. Because this bill removes the current powerful incentive, I VETO HB 56. Veto Number 2 HB 100 House Bill 100 provides changes to Georgia's student scholarship organization tax credit program enacted in 2008. Among other things, these revisions include allowing a taxpayer to receive both a tax credit and a tax deduction for contributions to a student scholarship organization. Allowing a dollar-for-dollar tax credit as well as a tax deduction would actually reduce the amount of actual contributions available to student scholarship organizations each year, thereby reducing the funds available for scholarship recipients otherwise qualified for the scholarship. I agree that changes are needed to the original student scholarship organization law and I supported HB 394, which would have enacted the changes I believe are necessary. In reviewing legislation, I must consider fairness for all Georgians. If some Georgia taxpayers could reduce their income tax liability by seventy-five percent, it could have a significantly detrimental impact on other citizens' educational and other opportunities. For the foregoing reasons, I VETO HB 100. Veto Number 3 HB 481 Georgia is constitutionally required to maintain a balanced budget: for every dollar in decreased revenue, we must correspondingly cut expenditures. We cannot deficit spend as the federal government does, even if those deficits generate economic growth in the long term. Recognizing this constitutional obligation, my administration, working with the General Assembly, has cut taxes in each year I have been in office. Together, we provided conservative, targeted and job-creating tax relief to Georgians. This year I have continued this approach by signing certain bills that establish or continue tax cuts where possible. Consistent with the economic downturn experienced across our country, in Fiscal Year 2009 state general fund revenues are expected to be $2.7 billion less than the original revenue forecast for the Fiscal Year 2009 Budget. Given this reduction of 13.3%, the State has drastically and appropriately reduced employment and the purchases of goods and services in order to live within our means. Furthermore, in Fiscal Year 2010 state revenues are currently forecast to be $17.0 billion, an amount that is 16.8% below Fiscal Year 2008 state revenues, demonstrating negative revenue growth in three years. During a period of growth in our economy, the budget may be able to absorb tax cuts that result in short term revenue reductions but provide long term economic benefits. We are not, however, experiencing a growing economy at this point. Accordingly, the current budget environment where revenues are continuing to decline and not expected to recover in MONDAY, JANUARY 11, 2010 5 the near term the short-term revenue reduction resulting from large tax cuts cannot be sustained in a manner consistent with the budgets passed by the General Assembly. The General Assembly enacted a budget that contemplates current falling revenue but does not incorporate the additional, significant estimated revenue reductions resulting from House Bill 481. While some argue these tax reductions will ultimately generate more revenue, the constitutional restraint of a balanced budget prevents policymakers the luxury of time to allow that growth to overcome the short-term loss of revenue. Should the General Assembly choose to enact a budget next session that incorporates the estimated revenue reductions caused by large tax cuts, I would entertain such cuts at that time. House Bill 481 combines a number of tax and fee provisions. These provisions include: a suspension of certain business activity filing fees with the Secretary of State; changes to the unemployment tax; a $2,400 per employee tax credit provided to companies hiring employees meeting certain conditions; a phase out of the estimated sales and use tax paid by certain retailers collecting sales and use tax; the elimination of the net worth tax paid by companies; and a reduction in the long term capital gains tax rate. Estimates of the revenue impact to the State and the related additional cuts in services to residents as well as reductions in state purchases and employment aggregate in excess of $1.5 billion over the next three years, with over $145 million in reductions required in Fiscal Year 2010, which begins on July 1, 2009. Given that (1) Georgia cannot deficit spend; and (2) the additional revenue reduction of over $145 million in Fiscal Year 2010 with even larger reductions projected in the years to follow, more drastic cuts would be necessary in needed services and other expenditures. Such cuts are not supported by the current budget act and the policy decisions expressed therein. In short, while this legislation may be supportable in different economic times, given our constitutional and fiscal constraints, I do not believe this legislation, although well meaning in intent, can be afforded at this time. Therefore, I VETO HB 481. Veto Number 4 HB 553 House Bill 553 establishes a Local Government Equipment Financing Authority and a County Government Equipment Financing Authority. These authorities would enable a mix of local governments to come together through these authorities and incur debt to finance purchases of personal property. I have concerns about increasing debt through the use of authorities when there remains an existing non authority based process for local governments to finance purchases, and, therefore, I VETO HB 553. Veto Number 5 HB 662 The original version of HB 662 was legislation I supported to move the Capitol Police from the Georgia Building Authority to the Georgia State Patrol, thereby 6 JOURNAL OF THE HOUSE realizing efficiencies by administratively aligning law enforcement agencies. HB 662 was amended during the legislative process to provide the exact opposite. Because I believe the bill as introduced creates more value for Georgians, I VETO HB 662. Veto Number 6 HB 710 House Bill 710 amends the South Georgia Regional Information Technology Authority's board membership by adding representation from the Flint River Soil and Water Conservation District. Since the introduction of this legislation, the Flint River and Soil and Water Council has subsequently elected to withdraw from participating in the Authority; consequently, I VETO HB 710. Veto Number 7 HB 734 House Bill 734 changes the manner in which the City Commission of Waycross conducts public business. Currently, any person may address the City Commission so long as such person documents a desire to speak at least two business days before the Commission meeting. With HB 734, the General Assembly superseded the local ordinance requires the City Commission to hear any municipal citizen for five minutes if the citizen expresses interest in speaking sometime before the meeting. Because such regulations go to the heart of municipal self-government, they are usually created -- and changed -- by local ordinance. In addition, the City Commission was not consulted before this legislation was introduced, and input from local constituents was overwhelmingly against the proposal by a margin of two to one; consequently, I VETO HB 734. Veto Number 8 HB 735 House Bill 735 changes the manner in which the Ware County Commission conducts public business. Currently, any person may address the County Commission so long as such person documents a desire to speak at least one business day before the Commission meeting. With HB 735, the General Assembly superseded the local ordinance requires the County Commission to hear any county citizen for five minutes if the citizen expresses interest in speaking sometime before the meeting. Because such regulations go to the heart of home rule, they are usually created -- and changed -- by local ordinance. In addition, the County Commission was not consulted before this legislation was introduced, and input from local constituents was overwhelmingly against the proposal by a margin of two to one; consequently, I VETO HB 734. Veto Number 9 SB 123 Senate Bill 123 provides that pharmacy benefit managers must obtain a license from the Georgia Department of Insurance to do business in Georgia. Pharmacy MONDAY, JANUARY 11, 2010 7 benefit managers have helped lower the cost of administering the State Health Benefit Plan and Medicaid program to Georgia taxpayers; they have also kept insurance premiums lower for Georgians with commercial health insurance. The cost-reduction methods employed by the pharmacy benefits managers, however, have not gone without significant and troubling criticism. I have spoken with the legislative sponsor of SB 123, and I will work toward an administrative solution to address the issues giving rise to this legislation. Accordingly, I VETO SB 123. Veto Number 10 SB 159 Senate Bill 159 creates a Hemophilia Advisory Board that will make recommendations about the treatment of hemophiliacs and others with blood disorders to the Director of the Division of Public Health and the Commissioner of Insurance. The legislation requires the Advisory Board also to make recommendations on the standards of care for persons with hemophilia and other blood disorders. I believe this could create unnecessary litigation and usurp the role of expert testimony properly qualified by the General Assembly's adoption of the Daubert standard in O.C.G.A. 24-9-67.1. I have spoken with the bill's legislative sponsor and, consequently, I will issue an Executive Order to establish an advisory board similar to the one contemplated by SB 159. For these reasons, I VETO SB 159. Veto Number 11 SB 178 Senate Bill 178, in its original form, extended the sunset on Georgia's capital outlay program from June 30, 2010 to June 30, 2011. Late in the legislative session, three unrelated education provisions were added in a conference committee report. Those provisions included (1) language from HB 278, which granted local school systems temporary waivers from various expenditure controls; (2) HB 400, also known as the BRIDGE bill, which substantially reconfigures our K-12 education system; and (3) language not previously introduced as legislation which would require the State to provide additional funding for dual enrollment programs in career academies and charter schools. I strongly support the extension of the capital outlay program and the temporary waiver of expenditure controls, but have serious concerns about the remainder of SB 178. I have long supported funding dual enrollment in a manner that covers the costs of the program at both the high school and higher education levels without using taxpayer funds to pay twice for the same student enrolled in the same class. I am working closely with policymakers and persons interested in this issue, the ongoing process has been datadriven, and I am confident that the solution we will reach will be the right one for all parties involved. The solution offered in SB 178, however, imposes a funding requirement that is arbitrary and singles out charter schools and career academies for special treatment while ignoring dual enrollment programs in all other public high schools. 8 JOURNAL OF THE HOUSE When Members of the General Assembly introduced the BRIDGE legislation last year, a fiscal note by the Department of Audits in conjunction with the Department of Education estimated the cost at $1.2 billion. The General Assembly did not request a fiscal note this year, but the Governor's Office of Planning and Budget estimated that the current bill will impose an immediate one-time cost of $417 million and an ongoing annual cost of $146 million. Notwithstanding my substantive policy concerns about this bill, the State simply cannot afford it at this time. For these reasons, I VETO SB 178. Veto Number 12 SB 211 Senate Bill 211 creates a set-aside for the purchase of routine office supplies outside of the established state procurement process. Office supplies currently represent approximately $40 million in annual state spending. The goal of state purchasing should be to obtain the best value for Georgia taxpayers' funds: purchasing necessary items of adequate quality at the lowest possible price. I am sympathetic to the concerns of small businesses and do not wish to prevent these business from participating in the procurement process, but I am confident that small businesses do not need special legislative set asides to be able to compete to provide the best value for Georgia's taxpayers. Therefore, I VETO SB 211. Veto Numbers 13, 14, and 15 SB 261, SB 266, SB 267 Senate Bills 261, 266 and 267 freeze the ad valorem tax rates in the Camden County municipalities of St. Mary's, Kingsland and Woodbine. On May 5, 2009, I signed into law House Bill 233, which imposes a moratorium on all increases in the assessed value of all classes of all subjects of property. Consequently, in order to foster uniformity within the municipal ad valorem tax structure, I VETO Senate Bills 261, 266 and 267. Veto Number 16 SR 431 Senate Resolution resolves that the Georgia Civil War Heritage Trails, Inc. "has the sole authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia." While the efforts of this organization toward the designation of such historic trails are noteworthy, I disagree that this private entity should have the sole authority to plan, construct, and maintain Civil War era historic driving trails upon roadways in the State of Georgia and therefore VETO SR 431. Signing Statement 1 HB 60 House Bill 60 seeks to address the situation where persons may hold themselves out as licensed professional counselors, social workers or marriage and family therapists if they have a different professional license, but not one issued by the Georgia MONDAY, JANUARY 11, 2010 9 Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists. I have spoken with the author of this legislation, and we agree that HB 60 limits an otherwise licensed person from using the term "licensed" or "licensure" immediately preceding or subsequent to the terms "professional counselor," "social worker" or "marriage and family therapist," unless that professional has a license issued for the same. The legislation does not, however, prevent a licensed professional from citing his or her license and explaining an expertise or specialty in professional counseling, social work or marriage and family therapy. For example, after my signing of HB 60, a psychologist licensed solely by the Georgia Board of Psychology could lawfully state that he or she is a "licensed psychologist specializing in marriage and family therapy." The same psychologist could not, however, claim to be a "licensed marriage and family therapist." If necessary, I will work with the legislative sponsor of HB 60 on any legislative revisions that may be needed in the 2010 session of the General Assembly. Signing Statement 2 HB 186 I have signed House Bill 186, which extends the sunset of the telework tax credit and expands the annual amount of the tax credit available. I signed this bill, as I believe in the intent of this legislation to be helpful in the goals of reducing traffic and emissions caused by traffic. However, I have concerns that the use of this credit may have become broader than the intent of the credit. Therefore, I am asking the Department of Revenue to review the eligibility standards and approval processes required of the Department in order to confirm that such standards and processes are in accordance with the intent and text of the law. Signing Statement 3 HB 189 I signed House Bill 189, which requires private child support collection agencies operating in Georgia to register with the Secretary of State and file sample contracts with consumers with the Office of Consumer Affairs. It prescribes much of what shall be contained in the contract, places a ceiling on the fee the private collection agencies can charge. Importantly, a provision of the law makes plain that a private agency cannot collect more than arrearages and statutory interest owed on past due child support. I have spoken with the legislative sponsor of HB 189, and I expressed my intent that this legislation be interpreted as limiting contingency fees charged by collection agencies to past due child support, not current or baseline child support payments. Put simply, Georgia's children should not see their current monthly payments decline as a result of my signing HB 189. State of Georgia Office of the Governor Atlanta 30334-0900 10 JOURNAL OF THE HOUSE May 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: Please be advised that I have line item vetoed the appropriations below and identified language to disregard for the following sections in House Bill 119: Vetoes: Section 33, pertaining to the Department of Natural Resources, page 222, line 507.1 and 507.100; Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 316, line 397.261 BOND; and Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 320, line 397.605 BOND Non-Binding Information Language to Disregard: Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 44-45, line 174.98; Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 45, line 176.98; Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 47, line 177.98; Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 53, line 188.98; Section 16, pertaining to the Department of Community Affairs, page 62, line 57.4; Section 16, pertaining to the Department of Community Affairs, page 62, line 57.10; Section 16, pertaining to the Department of Community Affairs, page 66, line 61.9; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.2; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.3; Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.4; Section 17, pertaining to the Department of Community Health, page 96, Two Language Paragraphs; and Section 22, pertaining to the Department of Economic Development, page 124, line 110.8. MONDAY, JANUARY 11, 2010 11 The Veto Messages and Language are attached for each item referenced above. Sincerely, /s/ Sonny Perdue SP:jb Attachment 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 Georgia House of Representatives Mr. Sewell R. Brumby, Legislative Counsel Section 33, pertaining to the Department of Natural Resources, page 222, line 507.1 and 507.100: The General Assembly appropriated $25,000 in state general funds for the Georgia State Games Commission. State funding for this program is not justified, as the intention of this funding is inconsistent with the mission of the program. Therefore, I veto this appropriation. Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 316, line 397.261 BOND: This language authorizes the appropriation of $22,700 in debt service to finance projects and facilities for the Herty Foundation, specifically for the Herty Advanced Materials Development Center to design and construct a covered biofuels testing facility through the issuance of $250,000 in 20-year bonds. The State of Georgia issued $2,000,000 in bonds for the Herty Foundation to fund renovations and equipment of which remains a balance of $900,000. Of this balance, $250,000 can be redirected to fund the design and construction of the testing facility. The need for this appropriation, therefore, is not evident at this time. Therefore, I veto this language (page 316, line 397.261) in the provisions relative to Section 50 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $22,700. Section 50, pertaining to State of Georgia General Obligation Debt Sinking Fund, page 320, line 397.605 BOND: This language authorizes the appropriation of $145,280 in debt service to finance projects and facilities for the University System of Georgia, Board of Regents, specifically to acquire and renovate strategic property for Darton College in Albany, Dougherty County 12 JOURNAL OF THE HOUSE through the issuance of $1,600,000 in 20-year bonds. The Albany Museum of Art is housed on this property. Due to current economic conditions, the museum will remain at this location, which will delay sale of the property to Darton College. Therefore, I veto this language (page 317, line 397.605) in the provisions relative to Section 50 State of Georgia General Obligation Debt Sinking Fund and the state general funds of $145,280. Certain language contained in the 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. Intent Language Considered Non-binding Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 44-45, line 174.98: The General Assembly seeks to instruct the department as to the operation of the Adult Developmental Disabilities program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 45, line 176.98: The General Assembly seeks to instruct the department as to the operation of the Adult Forensic Services program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 47, line 177.98: The General Assembly seeks to instruct the department as to the operation of the Adult Mental Health Services program. This language dictates a matter controlled by general law and is therefore null and void. Section 15, pertaining to the Department of Behavioral Health and Developmental Disabilities, page 53, line 188.98: The General Assembly seeks to instruct the department as to the operation of the Direct Care and Support Services program. This language dictates a matter controlled by general law and is therefore null and void. Section 16, pertaining to the Department of Community Affairs, page 62, line 57.4: The General Assembly seeks to appropriate $175,000 in OneGeorgia funds for the Communities of Opportunity grants. The use of OneGeorgia funds is directed through, and requires approval by the OneGeorgia Board and cannot be appropriated through the MONDAY, JANUARY 11, 2010 13 legislative process. The department should disregard language to fund Communities of Opportunity grants through the OneGeorgia Authority. Section 16, pertaining to the Department of Community Affairs, page 62, line 57.10: The General Assembly instructs the Department of Community Affairs to transfer two rural economic development positions to the OneGeorgia Authority. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to transfer two rural economic development positions to the OneGeorgia Authority. Section 16, pertaining to the Department of Community Affairs, page 66, line 61.9: The General Assembly seeks to appropriate $121,153 in OneGeorgia funds for the Rural Development Council. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund the Rural Development Council through the OneGeorgia Authority. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.2 The General Assembly seeks to instruct the OneGeorgia Authority to transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs. However, the use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund Communities of Opportunity grants through the OneGeorgia Authority. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.3 The General Assembly seeks to transfer two rural economic development positions to the OneGeorgia Authority. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to transfer two rural economic development positions to the OneGeorgia. Section 16, pertaining to Payments to OneGeorgia Authority, page 68, line 65.4 The General Assembly seeks to transfer funds for the Rural Development Council. The use of OneGeorgia funds is directed through, and requires approval by, the OneGeorgia Board and cannot be appropriated through the legislative process. The department should disregard language to fund the Rural Development Council through the OneGeorgia Authority. Section 17, pertaining to the Department of Community Health, page 96, Two Language Paragraphs: 14 JOURNAL OF THE HOUSE The General Assembly seeks to direct the department to implement a direct bill system for collecting the employer share of premium costs for the State Health Benefit Plan, effective January 1, 2010 and further directs the department to calculate the employer contribution rates utilizing specified percentages of payroll. While this is the general intent of the executive branch, this language dictates a matter controlled by general law and the Board of Community Health, and it is therefore null and void. Section 22, pertaining to the Department of Economic Development, page 124, line 110.8: The General Assembly seeks to earmark $98,325 for the Bainbridge Welcome Center within the Tourism program. The department is authorized to utilize these funds to identify the highest-need projects on a state-wide basis in accordance with the purpose of the Tourism program and the general law powers of the Department. House of Representatives State Capitol, Room 218 Atlanta, Georgia 30334 June 18, 2009 Honorable George E. "Sonny" Perdue Governor State of Georgia 203 State Capitol Atlanta, GA 30334 Dear Governor Perdue: It has been my honor and great pleasure to serve the people of the 129th Legislative District in the Georgia House of Representatives. Upon election to the office of Commissioner of the Georgia Department of Transportation, it is incumbent upon me to resign this legislative seat that I have held since 1993. I hereby resign my seat in the Georgia House of Representatives, effective June 24, 2009, at 11:59 pm. Thank you very much. Sincerely Yours, /s/ Vance Vance Smith, Jr. Representative, 129th District Georgia House of Representatives MONDAY, JANUARY 11, 2010 15 cc: Honorable Glenn Richardson Honorable Casey Cagle Honorable Jeff Mullis Ms. Robyn Underwood SPEAKER'S ORDER NO. 09-4 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. The following Members of the House are hereby appointed to serve, along with the Speaker and the Majority Leader, as a Committee on Assignments: 1. James Mills 2. Donna Sheldon 3. Sharon Cooper 4. Jan Jones 5. Jay Roberts 6. Mark Burkhalter 7. Jeff May The Committee on Assignments shall convene on June 25, 2009 for the purpose of making the assignment of the House Transportation Committee Chairmanship according to rule 12 of the Ethics, and Decorum of the House of Representatives. 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 25th day of June, 2009. /s/ Glenn Richardson Speaker of the House of Representatives Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 July 20, 2009 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 8TH CONGRESSIONAL DISTRICT 16 JOURNAL OF THE HOUSE RE: CAUCUS TO ELECT 8TH CONGRESSIONAL DISTRICT STATE TRANSPORTATION BOARD MEMBER Pursuant to the provisions of O.C.G.A. Section 32-2-20, the Senate President and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of selecting a member of the State Transportation Board from the 8th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday, July 30, 2009 at 11:00 A.M. Members of the Senate from those senatorial districts embraced or partly embraced within the 8th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 8th Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:dd House of Representatives 18 Capitol Square, SW Coverdell Legislative Office Building, Room 612 Atlanta, Georgia 30334 August 11, 2009 Dear Governor Purdue, I have truly been blessed to serve the people of the 75th District of Clayton County, GA. It has been an immense experience that I will cherish for the rest of my life. I have had to make a necessary decision to concentrate on family. I will be resigning my position of State Representative effective August 31, 2009 and will be returning to Florida to assist my elderly parents. I will continue to serve my constituents until that time. I have truly been blessed serving here in Georgia, and may all Georgians continue to be blessed as you make necessary leadership decisions. Sincerely, /s/ C. Johnson Rep. Celeste Johnson MONDAY, JANUARY 11, 2010 17 Cc: Karen Handel, Secretary of State Annie Bright, Clayton County Director of Elections The Honorable Glen Richardson, Speaker of the House Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 August 12, 2009 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and Speaker of the House of Representatives certifying that Honorable Sidney Ross was elected as the member of the State Transportation Board from the Eighth Congressional District. He will serve for a term expiring April 15, 2012. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With best regards, I am Sincerely yours, /s/ Sewell R. Brumby Legislative Counsel SRB:dd Enclosures cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Tommie Williams Honorable Sidney Ross Honorable Larry O'Neal Honorable John Douglas Honorable Vance Smith, Jr. 18 JOURNAL OF THE HOUSE 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 Sidney Ross 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 8th Congressional District for a term expiring April 15, 2012. /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 July 30, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Sidney Ross was elected as the member of the State Transportation Board from the Eighth Congressional District to serve a term expiring April 15, 2012. Respectfully submitted, /s/ Larry O'Neal Honorable Larry O'Neal Representative, District 146 CHAIRMAN MONDAY, JANUARY 11, 2010 19 /s/ John Douglas Honorable John Douglas Senator, District 17 SECRETARY House of Representatives Coverdell Legislative Office Building, Room 508 Atlanta, Georgia 30334 September 15, 2009 The Honorable Sonny Perdue Governor of Georgia 203 State Capitol Atlanta, GA 30334 Dear Governor Perdue: I am writing to inform you of my intent to resign from the Georgia General Assembly effective today. It has been my honor and privilege to serve the people of the 159th State house district for the past five years and to work with you and other members of the legislature for the betterment of the great state of Georgia. I hope to continue to work in helping move our state forward as I will be a candidate for the 1st State Senate District seat being vacated at this time. By resigning today, I hope to allow you and the Secretary of State sufficient time to conduct a special election in conjunction with the municipal elections scheduled for November of this year, preventing the counties of the 159th House District from incurring additional costs and ensuring a new Representative is in place for next session. I look forward to continuing our work in moving our great state to even greater heights. Sincerely, /s/ Earl L. Buddy Carter Earl L. (Buddy) Carter cc: Speaker Glenn Richardson Speaker Pro Tempore Mark Burkhalter Majority Leader Jerry Keen Secretary of State Karen Handel 20 JOURNAL OF THE HOUSE State of Georgia Office of the Governor Atlanta 30334-0900 September 15, 2009 The Honorable Earl L. (Buddy) Carter Representative, District 159 Georgia House of Representatives P.O. Box 222 Pooler, Georgia 31322 Dear Representative Carter: 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 September 15, 2009. Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the citizens of your district and the State of Georgia. Sincerely, /s/ Sonny Perdue SP:rg cc: The Honorable Glenn Richardson, Speaker of the Georgia House of Representatives The Honorable Karen Handel, Secretary of State The Honorable Mark Burkhalter, Speaker Pro Tempore The Honorable Jerry Keen, Majority Leader THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: House District 159 has become vacant due to the resignation of Representative Earl L. (Buddy) Carter. MONDAY, JANUARY 11, 2010 21 Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on November 3, 2009, to fill the temporary vacancy in District 159 of the Georgia House of Representatives. This 15th day of September, 2009. /s/ Sonny Perdue Governor Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 October 7, 2009 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 9TH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT 9TH 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 9th Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, October 28, 2009 at 11:00 A.M. Members of the Senate from those senatorial districts embraced or partly embraced within the 9th 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 9th Congressional District are eligible to participate in said caucus. Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:dd 22 JOURNAL OF THE HOUSE The State of Georgia Office of Secretary of State I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 3rd day of November 2009 in District 75 for State Representative in Clayton County to fill the vacancy created by the Honorable Celeste Johnson. Having received a majority of votes cast, Ron Dodson 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 9th day of November, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION NOVEMBER 3, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 75 NUMBER OF CANDIDATES: 2 COUNTY RON DODSON VOTES PERCENT SHAWN JAMES VOTES PERCENT CLAYTON TOTALS 620 60.08 620 60.08 412 39.92 412 39.92 MONDAY, JANUARY 11, 2010 23 OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 75 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/ Ron Dodson STATE REPRESENTATIVE Sworn to and subscribed before me, This 16th day of November, 2009. /s/ Albert B. Collier Judge, Superior Court Clayton Circuit 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 24 JOURNAL OF THE HOUSE the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 3rd day of November 2009, in District 159 for State Representative in Chatham County and Effingham County, to fill the vacancy created by the Honorable Buddy Carter. Having received a majority of votes cast, Ann R. Purcell 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 9th day of November, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION NOVEMBER 3, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 159 NUMBER OF CANDIDATES: 2 COUNTY ANN R. PURCELL VOTES PERCENT JESSE TYLER VOTES PERCENT CHATHAM EFFINGHAM TOTALS 2,810 1,689 4,499 80.06 77.83 79.21 700 481 1,181 19.94 22.17 20.79 House of Representatives 18 Capitol Square, SW Coverdell Legislative Office Building, Room 612 Atlanta, Georgia 30334 November 19, 2009 MONDAY, JANUARY 11, 2010 25 Honorable Sonny Perdue Governor State Capitol Atlanta, GA 30334 Dear Governor Perdue: Please accept this letter as my resignation from the Georgia House of Representatives, District 122. This resignation is to become effective at noon this date, November 20, 2009. It has been my high honor to serve in this distinguished body of leaders in the Great State of Georgia during the past three years. My resignation comes at a critical time in our State's history, thus it is my hope that opportunities for continued service are ahead of me. I will forever cherish the relationships formed with my colleagues and the knowledge I have gained about our great State during my time in the House. Respectfully, /s/ Hardie Davis, Jr. HD/rfb Cc: Rep. Glen Richardson, Speaker of the House Rep. Dubose Porter, Minority Leader Robbie Rivers, Clerk of the House State of Georgia Office of the Governor Atlanta 30334-0900 November 20, 2009 The Honorable Hardie Davis, Jr. Representative, District 122 P.O. Box 235 Gracewood, Georgia 30812 Dear Representative Davis: 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 November 20, 2009. 26 JOURNAL OF THE HOUSE Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the citizens of your district and the State of Georgia. Sincerely, /s/ Sonny Perdue SP:rg cc: The Honorable Glenn Richardson, Speaker of the Georgia House of Representatives The Honorable Dubose Porter, Minority Leader The Honorable Robbie Rivers, Clerk of the House The Honorable Karen Handel, Secretary of State THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: House District 122 has become vacant due to the resignation of Representative Hardie Davis, Jr. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on January 5, 2010, to fill the temporary vacancy in District 122 of the Georgia House of Representatives. This 23rd day of November, 2009. /s/ Sonny Perdue Governor OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 159 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 MONDAY, JANUARY 11, 2010 27 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/ Ann R. Purcell STATE REPRESENTATIVE Sworn to and subscribed before me, This 29th day of November, 2009. /s/ William E. Woodrum, Jr. Judge, Superior Court Ogeechee Judicial Circuit Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 December 2, 2009 Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334 28 JOURNAL OF THE HOUSE Dear Secretary of State Handel: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Steve Gooch 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 Tommie Williams Honorable Lee Hawkins Honorable Tom Graves Honorable Steve Gooch 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 Gooch 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 9th Congressional District for a term expiring April 15, 2013. /s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR MONDAY, JANUARY 11, 2010 29 /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 October 28, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Steve Gooch 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/ Lee Hawkins Honorable Lee Hawkins Senator, District 49 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 page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 1st day of December 2009, in District 58 of the State House in DeKalb County and Fulton County, to fill the vacancy created by the Honorable Robbin Shipp. Having received the majority votes cast, Simone Bell was duly elected to this office. 30 JOURNAL OF THE HOUSE 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 8th day of December, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF DECEMBER 1, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 58 NUMBER OF CANDIDATES: 2 COUNTY SIMONE BELL VOTES PERCENT ASHA F. JACKSON VOTES PERCENT DEKALB FULTON TOTALS 1,199 1,752 2,951 48.68 61.93 55.76 1,264 1,077 2,341 51.32 38.07 44.24 The State of Georgia Office of Secretary of State I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 1st day of December 2009, in District 129 of the State House in Harris County, Muscogee County and Troup County to fill the vacancy created by the Honorable Vance Smith, Jr. Having received the majority votes cast, Kip Smith was duly elected to this office. MONDAY, JANUARY 11, 2010 31 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 8th day of December, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF DECEMBER 1, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 129 NUMBER OF CANDIDATES: 2 COUNTY STEVE EARLES VOTES PERCENT KIP SMITH VOTES PERCENT HARRIS MUSCOGEE TROUP TOTALS 597 222 247 1,065 34.49 26.78 47.05 34.69 1,134 607 278 2,005 65.51 73.22 52.95 65.31 The State of Georgia Office of Secretary of State I, Karen C. Handel, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 1st day of December 2009, in District 141 of the State House in Baldwin County and Putnam County to fill the vacancy created by the Honorable Bobby Eugene Parham. Having received the majority votes cast, E. Culver "Rusty" Kidd was duly elected to this office. 32 JOURNAL OF THE HOUSE 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 8th day of December, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF DECEMBER 1, 2009 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 141 NUMBER OF CANDIDATES: 2 COUNTY DARRELL BLACK VOTES PERCENT E. CULVER "RUSTY" KIDD VOTES PERCENT BALDWIN PUTNAM TOTALS 1,279 19 1,298 35.36 57.58 35.56 2,338 14 2,352 64.64 42.42 64.44 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 there is no opposed candidate in the special election for State Representative, from the 122nd District to the General Assembly of Georgia, to have been held on January 5, 2010 to fill the vacancy created by the Honorable Hardie Davis, Jr. Having been deemed to have voted for himself, Earnest G. Smith is duly elected to this office in accordance with O.C.G.A. 21-2-291. MONDAY, JANUARY 11, 2010 33 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 15th day of December, 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-Fourth. (SEAL) /s/ Karen C. Handel Secretary of State OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 129 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/ Kip Smith STATE REPRESENTATIVE 34 JOURNAL OF THE HOUSE Sworn to and subscribed before me, This 16th day of December, 2009. /s/ Bemon Gilmore McBride III Judge, Superior Court Chattahoochee Judicial Circuit OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 141 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/ E. Culver Kidd STATE REPRESENTATIVE Sworn to and subscribed before me, This 20th day of December, 2009. MONDAY, JANUARY 11, 2010 35 /s/ Hugh P. Thompson Justice, Supreme Court of Georgia OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 58 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/ Simone Bell STATE REPRESENTATIVE Sworn to and subscribed before me, This 22nd day of December, 2009. /s/ Carol W. Hunstein Chief Justice, Supreme Court of Georgia 36 JOURNAL OF THE HOUSE OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 122 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/ Earnest G. Smith STATE REPRESENTATIVE Sworn to and subscribed before me, This 29th day of December, 2009. /s/ David Watkins Judge, State Court Richmond County House of Representatives 332 State Capitol Atlanta, Georgia 30334 MONDAY, JANUARY 11, 2010 37 December 31, 2009 Mr. Robbie Rivers Clerk of the House 307 State Capitol Atlanta, GA 30334 Dear Mr. Rivers, Effective January 1, 2010, at 20:05 hours (8:05 p.m. edst) I hereby tender my resignation as Speaker of the Georgia House of Representatives. Sincerely, /s/ Glenn Richardson Glenn Richardson, Speaker Georgia House of Representatives Glenn Richardson P.O. Box 1750 Hiram, GA 30141 January 11, 2010 The Honorable Sonny Perdue Governor, State of Georgia State Capitol Atlanta, GA 30334 Dear Governor Perdue Please accept this letter as notice that I do hereby resign my office as Representative to the Georgia House of Representatives from the 19th House District effective today, January 11, 2010. It has been an honor and a privilege to serve in the House and to serve the great State of Georgia with you. Thank you for all of the confidence and trust you have shown to me during our service together. Truly, we have changed Georgia for the better and have left our positive mark on its history. Sincerely, /s/ Glenn Richardson Representative District - 19 38 JOURNAL OF THE HOUSE Cc: Honorable Mark Burkhalter, Speaker Honorable Robbie Rivers, Clerk 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 Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Cole Coleman Collins, D Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Day Dempsey Dickson Dodson Dollar E 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 E Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd 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 Parrish Parsons Peake Porter Powell, A Powell, J Pruett Purcell Ralston Ramsey Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Burkhalter, Speaker The following members were off the floor of the House when the roll was called: Representatives Bell of the 58th, Dobbs of the 53rd, and Smith of the 168th. They wish to be recorded as present. Prayer was offered by Most Reverend Wilton D. Gregory, Sixth Archbishop, Seventh Bishop of Atlanta, Atlanta, Georgia. MONDAY, JANUARY 11, 2010 39 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 865. By Representatives Jones of the 46th, Burkhalter of the 50th, Smith of the 131st, Willard of the 49th, Houston of the 170th 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 view 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 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. Referred to the Committee on Transportation. HB 866. By Representatives Allison of the 8th, Cooper of the 41st, Channell of the 116th, Ramsey of the 72nd and Dempsey of the 13th: 40 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care facilities in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to revise the criteria for a physician to be eligible to receive a service cancelable loan; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 867. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for the membership and duties for such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 868. By Representative Sims of the 169th: 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 tax, so as to change the manner and method of imposing and collecting such taxes on certain manufactured single-family structures; to provide for procedures, conditions, and limitations; 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 844 HB 845 HB 846 HB 847 HB 848 HB 849 HB 850 HB 851 HB 857 HB 858 HB 859 HB 860 HB 861 HB 862 HB 863 HB 864 MONDAY, JANUARY 11, 2010 41 HB 852 HB 853 HB 854 HB 856 HR 883 HR 884 HR 885 HR 886 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 796. By Senators Williams of the 19th and Rogers of the 21st: To notify the Governor that the General Assembly has convened; and for other purposes. SR 797. By Senators Williams of the 19th and Rogers of the 21st: To notify the House of Representatives that the Senate has convened; and for other purposes. The following member was recognized during the period of Morning Orders and addressed the House: Rice of the 51st. The following Resolutions of the House and Senate were read and adopted: HR 1088. 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. 42 JOURNAL OF THE HOUSE HR 1089. 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 11:00 A.M., Wednesday, January 13, 2010, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor. BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives. BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session. BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Governor, to each Justice of the Supreme Court, and to each Judge of the Court of Appeals. SR 796. By Senators Williams of the 19th and Rogers of the 21st To notify the Governor that the General Assembly has convened; and for other purposes. A RESOLUTION To notify the Governor that the General Assembly has convened; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business. MONDAY, JANUARY 11, 2010 43 The next order of business being the election of a Speaker Pro Tem for the House to fill the unexpired term of the Honorable Mark Burkhalter for the 2009-2010 term, the name of the Honorable Jan Jones of the 46th was placed in nomination by Representative Burns of the 157th, which nomination was seconded by Representative Smith of the 70th. Representative Hugley of the 133rd placed in nomination the name of the Honorable Kathy Ashe of the 56th, which nomination was seconded by Representative Teilhet of the 40th. Representative May of the 111th moved that the nominations be closed. The motion prevailed. The election of the Speaker Pro Tem was ordered on the roll call machine. Those voting for Representative Jones voted "aye". Those voting for Representative Ashe voted "nay". 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 Bell N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar E Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd E 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 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 N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ralston Y Ramsey N Randall N Reece Y Scott, A Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E 44 JOURNAL OF THE HOUSE Y Collins, D Collins, T Y Cooper Y Cox N Crawford Y Harden, B Y Harden, M Y Hatfield N Heard N Heckstall Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R N Wix Y Yates Y Burkhalter, Speaker On the election of the Speaker Pro Tem, the Honorable Jan Jones received 113 votes, and the Honorable Kathy Ashe received 61 votes. 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. The Honorable Jan Jones of the 46th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tem of the House for the ensuing term. The Speaker appointed as a committee to escort the Speaker Pro Tem to the Speaker's stand the following members: Representatives Amerson of the 9th, Battles of the 15th, Day of the 163rd, Hill of the 180th, Holt of the 112th, Parsons of the 42nd and Sellier of the 136th. The Honorable Jan Jones of the 19th was escorted to the Speaker's stand where she addressed the House expressing his appreciation to the members for having elected her Speaker Pro Tem of the House of Representatives. The next order of business being the election of the Speaker of the House to fill the unexpired term of the Honorable Glenn Richardson for the 2009-2010 term, Representative O`Neal of the 146th placed in nomination the name of the Honorable David Ralston of the 7th, which nomination was seconded by Representative Houston of the 170th. Representative Porter of the 143rd placed in nomination the name of the Honorable Calvin Smyre of the 132nd, which nomination was seconded by Representative Randall of the 138th. By unanimous consent, the nominations were closed. The election of the Speaker was ordered on the roll call machine. Those voting for Representative Ralston voted "aye". Those voting for Representative Smyre voted "nay". The vote was as follows: MONDAY, JANUARY 11, 2010 45 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 Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burns Y Butler Y Byrd Y Carter 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 Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar E Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd E Franklin N Frazier Y Fullerton 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 E Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd 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 Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ralston Y Ramsey N 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 Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Y Burkhalter, Speaker On the election of the Speaker, The Honorable David Ralston received 116 votes and the Honorable Calvin Smyre received 58 votes. The Honorable David Ralston of the 7th, having received the majority of the votes cast, is hereby declared elected Speaker of the House for the ensuing term. The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members: Representatives Bearden of the 68th, Carter of the 175th, Collins of the 27th, Dempsey of the 13th, England of the 108th, Everson of the 106th, Hembree of the 67th, Lane of the 167th, Levitas of the 82nd, Meadows of the 5th. 46 JOURNAL OF THE HOUSE The Honorable David Ralston was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, JANUARY 12, 2010 47 Representative Hall, Atlanta, Georgia Tuesday, January 12, 2010 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 Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D E Collins, T Cooper Cox Crawford Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson E Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree Henson Hill, C Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Kaiser Keown Kidd 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 Millar Mills Mitchell Morgan Mosby Murphy Neal Nix O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Pruett Purcell Ramsey Randall Reese Rice Roberts Rogers Rynders Scott, A E Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre E Stephens, M Stephenson Talton Teilhet Thomas Thompson Walker Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Burkhalter of the 50th, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Harbin of the 118th, Hill of the 180th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Morris of the 155th, Oliver of the 83rd, Reece of the 11th, Scott of the 2nd, Taylor of the 55th, Weldon of the 3rd, and Willard of the 49th. 48 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Chris Parkin, Auburn First Baptist Church, Auburn, Georgia. The members pledged allegiance to the flag. Representative 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 869. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide that in the event of budgetary constraints, the Legislative Services Committee may direct a reduction in the amount of the salary otherwise received by members and officers of the General Assembly; 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 870. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Joint Committee on Repeals; to provide a short title; to provide legislative TUESDAY, JANUARY 12, 2010 49 findings; to provide for membership; to provide for duties; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 871. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide a short title; 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 repeal requirements for mandatory vaccination; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to repeal the authority of the Governor to issue mandatory vaccination orders; to prohibit the quarantine of persons solely for failure to submit to and receive voluntary vaccinations; 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 872. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide a short title; to amend Part 1 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers of the Governor, so as to repeal the power of the Governor to suspend or limit the sale or transportation of firearms during times of emergency; 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 873. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide a short title; to provide for legislative intent; to repeal Article 4, relating to dangerous instrumentalities and practices, in its entirety; 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. 50 JOURNAL OF THE HOUSE HB 874. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to definitions; to change certain provisions relating to standards and requirements as to sale of milk and milk products generally, labeling, and sale of ungraded milk, raw whole milk, and condensed or evaporated milk; to provide for sales of raw whole milk directly to consumers; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 875. By Representative Franklin of the 43rd: 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 repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 876. By Representative Franklin of the 43rd: 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 wiretapping, eavesdropping, surveillance, and related offenses, so as to provide a short title; to prohibit certain forms of surveillance without search warrants; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 877. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive regulation of federal tax funds; to provide for a short title; to provide for legislative findings; to provide for definitions; to create the federal tax fund panel and provide for its members, operation, powers, and duties; to create the federal tax fund and provide for its operation; to provide TUESDAY, JANUARY 12, 2010 51 for powers, duties, responsibilities, and liabilities of state officials and state taxpayers in connection with the forgoing; to provide for related matters; to provide for applicability; to provide for use of certain funds; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 878. By Representative Franklin of the 43rd: A BILL to be entitled an Act to provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain federal laws and other mandates; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to prohibit state or federal agents or employees of financial institutions from seizing assets under color of law; to provide for penalties and other punishment; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 879. By Representative Franklin of the 43rd: 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 a legislative declaration of authority; to define certain terms; to provide that products grown, produced, or manufactured and located in Georgia shall not be subject to federal law or regulations; to provide for exceptions; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 880. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to treason and other subversive activities, so as to provide findings of the General Assembly regarding the constitutionality of certain federal laws and other mandates; to provide that any judicial officer, law enforcement officer, agent, or employee of the federal government, any multinational government, any international government, or any global government commits the offense of racketeering by color of law when he or she attempts to enforce any law not recognized as valid; to provide for a short 52 JOURNAL OF THE HOUSE title; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 881. 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 Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to clarify certain terms; to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to revise the limitations on the use of bond funds; to provide for certain approvals for the issuance of bonds; 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 884. By Representatives Levitas of the 82nd, Lunsford of the 110th, Ramsey of the 72nd, Bearden of the 68th, Glanton of the 76th and others: A BILL to be entitled an Act to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to change the definition of aggravated child molestation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 886. By Representatives Levitas of the 82nd, Lunsford of the 110th and Glanton of the 76th: 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 sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to reorganize the Code section; to provide for a definition; to provide for misdemeanor punishment under certain circumstances; to provide that the offense not be merged with other offenses; provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. TUESDAY, JANUARY 12, 2010 53 HB 890. By Representatives Oliver of the 83rd, Porter of the 143rd, Ashe of the 56th, Drenner of the 86th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for public office, so as to change provisions relating to maximum allowable contributions; to clarify provisions relating to the limitations on maximum allowable contributions by political parties; 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 891. By Representatives Oliver of the 83rd, Porter of the 143rd, Ashe of the 56th, Benfield of the 85th, Drenner of the 86th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 and Title 45 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclosure and public officers and employees, respectively, so as to revise provisions regarding gifts; to provide for definitions; to create provisions limiting presents from lobbyists to public officers and others under certain circumstances; to change certain provisions relating to gifts to employees by vendors; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 892. By Representatives Oliver of the 83rd, Porter of the 143rd, Smyre of the 132nd, Ashe of the 56th, Hugley of the 133rd 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 create a voluntary taxpayer fund to financially assist certain judicial campaigns and candidates who demonstrate qualifying public support and who accept fund-raising and spending limitations concomitant with the acceptance of such funds; to change certain provisions relating to the enforcement of Chapter 2 of said title, relating to elections and primaries generally; 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. 54 JOURNAL OF THE HOUSE HB 893. By Representatives Oliver of the 83rd, Porter of the 143rd, Smyre of the 132nd, Ashe of the 56th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to revise provisions regarding ethical conduct and conflicts of interest; to change and expand certain provisions relating to the code of ethics for members of boards, commissions, and authorities; to provide the State Ethics Commission with jurisdiction to hear matters related to violations of the code of ethics and conflicts of interest; to provide for procedure; to change and expand provisions relating to the investigative duties of the Joint Legislative Ethics Committee; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 902. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the establishment of convention and tourism special districts within certain areas of the state; to amend said Title 36 and Title 16 of the Official Code of Georgia Annotated, the "Criminal Code of Georgia," so as to provide that a special district shall be a drug-free commercial zone and to provide for the punishment of certain drug and controlled substance offenses within such zone; to provide for heightened punishment of certain aggravated assaults and aggravated batteries within a special district; to provide for other related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to TUESDAY, JANUARY 12, 2010 55 provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 904. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, Maxwell of the 17th, Lindsey of the 54th 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 the "Quality Basic Education Act," so as to provide for a distribution method for equalization grants to school systems in the event that appropriations are insufficient to fully fund such grants; to provide that such distribution method shall apply only through July 1, 2013; 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 905. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, England of the 108th, Lindsey of the 54th and others: 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, 2015, 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 906. By Representatives Neal of the 1st, Coleman of the 97th and Lindsey of the 54th: 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 56 JOURNAL OF THE HOUSE 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 907. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; 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 908. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such 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 Education. HB 909. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th 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 provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. TUESDAY, JANUARY 12, 2010 57 HB 910. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition of gender discrimination, so as to remove requirements on the Department of Education relating to annual gender equity reporting; 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 912. By Representative Franklin of the 43rd: A BILL to be entitled an Act to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to prohibited lobbying practices, so as to provide that no person employed by or under contract with the executive or judicial branch of this state, any political subdivision of this state, or any agency or authority of this state shall be permitted to address any committee or subcommittee of the General Assembly; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 913. By Representative Kidd of the 141st: 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 914. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Code Section 40-2-9 of the Official Code of Georgia Annotated, relating to a space for a county name decal on license plates, so as to require that all license plates contain a space for and carry a county name decal; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 58 JOURNAL OF THE HOUSE Referred to the Committee on Motor Vehicles. HB 915. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; 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 916. By Representatives Maxwell of the 17th, Benton of the 31st and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified; to provide that certain service as an independent contractor shall not result in a suspension of retirement benefits; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 917. By Representatives Jacobs of the 80th, Lindsey of the 54th, Willard of the 49th, Powell of the 171st, Collins of the 27th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to provide for application and construction; 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. TUESDAY, JANUARY 12, 2010 59 HB 918. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary increase in the rate of state sales and use taxation; to provide for the period for such rate to be in effect; to provide for a rollback of such increase when the Governor certifies that other state revenues have reached a certain level; to provide for conforming amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 919. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to registration of lobbyists, lobbyist reporting, and regulation of lobbying activities, so as to provide that lobbyist expenditures for the benefit of elected state officials and members of the General Assembly shall not be subject to lobbyist reporting; to provide that elected state officials and members of the General Assembly shall be required to report lobbyist expenditures for their benefit; to provide for jurisdiction of the State Ethics Commission and punishment for violations; 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. HR 1085. By Representative Franklin of the 43rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for standing to bring an action to challenge the constitutionality of a law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1090. By Representative Kidd of the 141st: A RESOLUTION proposing an amendment to the Constitution so as to provide that the Governor shall serve a term of office of six years; to provide that persons holding the office of Governor shall not succeed themselves; to provide that persons who have held the office of Governor shall not again be 60 JOURNAL OF THE HOUSE eligible to be elected to that office; to provide for the election for Governor; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Bills of the House were read the second time: HB 865 HB 866 HB 867 HB 868 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 1089. By Representative Keen of the 179th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. The President has appointed as a Committee of Escort the following Senators: Hooks of the 4th, Balfour of the 9th, Chance of the 16th, Williams of the 19th, Tolleson of the 20th, Heath of the 31st, Cowsert of the 46th, Shafer of the 48th, Smith of the 52nd, and Thomas of the 54th. The following members were recognized during the period of Morning Orders and addressed the House: Davis of the 109th, Smith of the 70th, Buckner of the 130th, Willard of the 49th, and Butler of the 18th. The following Resolution of the House was read: HR 1091. By Representatives Keen of the 179th, Jones of the 46th and Lindsey of the 54th A RESOLUTION Relative to adjournment; and for other purposes. TUESDAY, JANUARY 12, 2010 61 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 2010 regular session of the General Assembly for the period of January 13, 2010, through Monday, February 8, 2010 shall be as follows: Wednesday, January 13 ........................................................... in session for legislative day 3 Thursday, January 14 .............................................................. in session for legislative day 4 Friday, January 15 through Sunday, January 24 ..................... in adjournment Monday, January 25 ................................................................ in session for legislative day 5 Tuesday, January 26 ................................................................ in session for legislative day 6 Wednesday, January 27 ........................................................... in session for legislative day 7 Thursday, January 28 .............................................................. in session for legislative day 8 Friday, January 29 through Sunday, January 31 ..................... in adjournment Monday, February 1 ................................................................ in session for legislative day 9 Tuesday, February 2 ................................................................ in session for legislative day 10 Wednesday, February 3 ........................................................... in session for legislative day 11 Thursday, February 4 .............................................................. in session for legislative day 12 Friday, February 5 ................................................................... in session for legislative day 13 Saturday, February 6 and Sunday, February 7 ........................ in adjournment Monday, February 8 ................................................................ in session for legislative day 14 BE IT FURTHER RESOLVED that on and after February 8, 2010, the periods of adjournment of the 2010 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar E 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 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 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 Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M 62 JOURNAL OF THE HOUSE Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox 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 Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders On the adoption of the Resolution, the ayes were 169, nays 0. Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker The Resolution was adopted. 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. The following Resolutions of the House were read and adopted: HR 1092. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Mr. Tom Head; and for other purposes. HR 1093. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Austin Tyler Radcliff Thompson; and for other purposes. HR 1094. By Representative Buckner of the 130th: A RESOLUTION honoring and celebrating the 14th birthday of Olivia Georganna Buckner; and for other purposes. HR 1095. By Representatives Marin of the 96th, Sellier of the 136th and Casas of the 103rd: TUESDAY, JANUARY 12, 2010 63 A RESOLUTION recognizing and commending the Georgia Hispanic Chamber of Commerce; and for other purposes. HR 1096. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Captain Mike Fagler; and for other purposes. HR 1097. By Representative Parrish of the 156th: A RESOLUTION honoring the life and memory of Mrs. Jean Strange; and for other purposes. HR 1098. By Representative Parrish of the 156th: A RESOLUTION honoring the life and memory of Dr. Robert S. Robinson; and for other purposes. HR 1099. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION recognizing and commending Mr. Ken Hathaway; and for other purposes. HR 1100. By Representatives Holt of the 112th, Brooks of the 63rd, Williams of the 165th and Abdul-Salaam of the 74th: A RESOLUTION honoring the life and memory of Mr. Walter Curtis Butler, Jr.; and for other purposes. HR 1101. By Representatives Amerson of the 9th, Ralston of the 7th, Williams of the 4th and Collins of the 27th: A RESOLUTION recognizing January 28, 2010, as North Georgia College and State University Day at the state capitol; and for other purposes. HR 1102. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Sinkfield of the 60th and Knight of the 126th: A RESOLUTION commending the Georgia Statewide Coalition on Blindness and recognizing January 13, 2010, as Blindness Day at the state capitol; and for other purposes. 64 JOURNAL OF THE HOUSE HR 1103. By Representatives Amerson of the 9th, Ralston of the 7th, Williams of the 4th and Collins of the 27th: A RESOLUTION recognizing and commending Cadet COL Ashlie Shrewsbury; and for other purposes. HR 1104. By Representatives Amerson of the 9th, Ralston of the 7th, Williams of the 4th and Collins of the 27th: A RESOLUTION recognizing and commending Cadet Jessica Carlock; and for other purposes. The following communication was received: THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: House District 19 has become vacant due to the resignation of Representative Glenn Richardson. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a writ of election is hereby issued to the Secretary of State for a special election to be held on February 23, 2010, to fill the temporary vacancy in District 19 of the Georgia House of Representatives. This 11th day of January, 2010 /s/ Sonny Perdue Governor Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. WEDNESDAY, JANUARY 13, 2010 65 Representative Hall, Atlanta, Georgia Wednesday, January 13, 2010 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 Bell Benfield Benton Brooks Bruce Bryant Buckner Burns Byrd Carter Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Dawkins-Haigler Dempsey Dickson Dobbs Dodson Dollar E Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Floyd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jordan Kaiser Keen Keown Kidd 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 Parrish Parsons Peake Porter Powell, J Pruett Purcell Ramsey Randall Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Black of the 174th, Burkhalter of the 50th, Butler of the 18th, Casas of the 103rd, Cole of the 125th, Crawford of the 16th, Davis of the 109th, Day of the 163rd, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hudson of the 124th, Jones of the 44th, Powell of the 29th, Reece of the 11th, Smith of the 168th, Teilhet of the 40th, and Wix of the 33rd. 66 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Randy Stephen, Forrest Park 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. The following communication was received: 1/13/10 For some reason my vote for Calvin Smyre for Speaker did not register. I did vote. /s/ Pat Gardner By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority WEDNESDAY, JANUARY 13, 2010 67 regarding safety plans; to provide a short title; to mandate certain written safety plans; 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 Agriculture & Consumer Affairs. HB 885. By Representatives Levitas of the 82nd, Lunsford of the 110th, Willard of the 49th, Maddox of the 127th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to provide for applicability of the "Georgia Civil Practice Act" under certain circumstances; to change provisions relating to service of process; to provide for service of process by publication in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 887. By Representatives Levitas of the 82nd, Lunsford of the 110th, Jerguson of the 22nd, Coan of the 101st, Peake of the 137th 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 relating to labor, so as to change provisions relating to an employer's immunity for disclosing job performance information; to provide for civil immunity under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 896. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Yates of the 73rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, so as to change provisions relating to a continuance in a speedy trial demand case involving a witness who is on active duty as a member of the National Guard or component of the armed forces of the United States; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 68 JOURNAL OF THE HOUSE HB 897. By Representatives Collins of the 27th, Levitas of the 82nd, Ramsey of the 72nd, Hamilton of the 23rd, Williams of the 178th 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 sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to reorganize the Code section; to provide for a definition; to provide for misdemeanor punishment under certain circumstances; to provide that the offense not be merged with other offenses; provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 901. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Bearden of the 68th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change a provision relating to punishment of persons convicted of a fourth felony offense; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 920. By Representatives Willard of the 49th, Porter of the 143rd, Smyre of the 132nd, Day of the 163rd, Walker of the 107th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to 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 prohibit direct or indirect use of contributions for a campaign for a different office; 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 a cap on the amount of any gift from a lobbyist to any elected official; to provide for certain restrictions on elected officials and certain staff regarding when such officials and staff may work as a lobbyist; to prohibit lobbyists from giving gifts in excess of a certain value to public officers; to provide for related WEDNESDAY, JANUARY 13, 2010 69 matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 921. By Representative Collins of the 27th: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; 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 922. By Representatives Cox of the 102nd and Everson of the 106th: A BILL to be entitled an Act to amend Article 7C of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to therapy services for children with disabilities, so as to provide that certain programs providing services to sick and disabled children shall be eligible for certain public assistance funding; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 923. By Representatives Neal of the 1st, Dickson of the 6th and Kaiser of the 59th: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 924. By Representatives Benton of the 31st, England of the 108th, Maxwell of the 17th, Morris of the 155th and Keown of the 173rd: 70 JOURNAL OF THE HOUSE 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 remove the nepotism restriction relating to eligibility for election as a local board of education member; 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 Education. HB 925. By Representatives Benton of the 31st, McKillip of the 115th and Walker of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 926. By Representatives Mills of the 25th, Maxwell of the 17th and Hill of the 21st: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those 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 Banks & Banking. HB 927. By Representatives Jacobs of the 80th, Wilkinson of the 52nd, Sheldon of the 105th, Ramsey of the 72nd, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to expand the definition of "bullying"; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to WEDNESDAY, JANUARY 13, 2010 71 direct the Department of Education to develop a model policy regarding bullying; 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 or other school employee; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 928. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets for state sales and use tax; to create the education trust fund and provide for the dedication and expenditure of such trust funds; to provide for a contingent effective date; 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. HB 929. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets; to create the education trust fund and provide for the dedication and expenditure of such trust funds; to provide for a contingent effective date; 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. HB 930. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets; to create the education trust fund and provide for the dedication and expenditure of such trust funds; to provide for a contingent effective date; 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. 72 JOURNAL OF THE HOUSE HB 931. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets for state sales and use tax; to create the education trust fund and provide for the dedication and expenditure of such trust funds; to provide for a contingent effective date; 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. HB 932. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets for state sales and use tax; to provide for a contingent effective date; 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. HB 933. By Representative Sims of the 169th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to repeal the exemption with respect to lottery tickets; to provide for a contingent effective date; 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. HB 934. By Representatives Levitas of the 82nd, England of the 108th, Collins of the 27th, Kaiser of the 59th, Bearden of the 68th 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 the general authority, duties, and procedure of the Department of Administrative Services, so as to provide that the Department of Administrative Services shall not have the power or authority to make certain agreements mandatory when making certain purchases through the department; to provide for WEDNESDAY, JANUARY 13, 2010 73 related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1105. By Representative Holt of the 112th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time student enrollment count when proceeds are distributed between a county school district and an independent school district located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1106. By Representatives O`Neal of the 146th and Talton of the 145th: A RESOLUTION urging the Congress of the United States to designate the Honor and Remember Flag as a national emblem of service and sacrifice by the brave men and women of the United States Armed Forces who have given their lives in the line of duty; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HR 1107. By Representative Mills of the 25th: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compell any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide a short title; 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 1108. By Representatives Jacobs of the 80th, Millar of the 79th, Chambers of the 81st, Rice of the 51st, Geisinger of the 48th and others: A RESOLUTION celebrating the life of Joe Burton and dedicating a road in his memory; and for other purposes. 74 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. HR 1109. By Representative Sims of the 169th: A RESOLUTION proposing an amendment to the Constitution so as to require that lottery tickets be subject to state sales and use tax and the proceeds be dedicated for the purpose of funding public education programs and services for levels kindergarten through grade 12; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1110. By Representative Sims of the 169th: A RESOLUTION proposing an amendment to the Constitution so as to require that lottery tickets be subject to sales and use tax and the proceeds from state sales and use tax thereon be dedicated for the purpose of funding public education programs and services for levels kindergarten through grade 12; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1111. By Representative Sims of the 169th: A RESOLUTION proposing an amendment to the Constitution so as to require that lottery tickets be subject to sales and use tax and the proceeds from state sales and use tax thereon be dedicated for the purpose of funding public education programs and services for levels kindergarten through grade 12; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1112. By Representative Sims of the 169th: A RESOLUTION proposing an amendment to the Constitution so as to require that lottery tickets be subject to state sales and use tax and the proceeds be dedicated for the purpose of funding public education programs and services for levels kindergarten through grade 12; to provide for the submission of this amendment for ratification or rejection; and for other purposes. WEDNESDAY, JANUARY 13, 2010 75 Referred to the Committee on Ways & Means. The following Resolution of the House was read and adopted: HR 1113. By Representatives Keen of the 179th and Ralston of the 7th: A RESOLUTION honoring Governor Sonny Perdue for his service to the State of Georgia; and for other purposes. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 869 HB 870 HB 871 HB 872 HB 873 HB 874 HB 875 HB 876 HB 877 HB 878 HB 879 HB 880 HB 881 HB 884 HB 886 HB 890 HB 891 HB 892 HB 893 HB 902 HB 903 HB 904 HB 905 HB 906 HB 907 HB 908 HB 909 HB 910 HB 912 HB 913 HB 914 HB 915 HB 916 HB 917 HB 918 HB 919 HR 1085 HR 1090 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 538 Do Pass, by Substitute HB 651 Do Pass 76 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Golick of the 34th Chairman The following messages were 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 1091. By Representatives Keen of the 179th, Jones of the 46th and Lindsey of the 54th: A RESOLUTION relative to adjournment; and for other purposes. Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1113. By Representatives Keen of the 179th and Ralston of the 7th: A RESOLUTION honoring Governor Sonny Perdue for his service to the State of Georgia; and for other purposes. The Speaker Pro Tem assumed the Chair. The following members were recognized during the period of Morning Orders and addressed the House: Manning of the 32nd, Setzler of the 35th, May of the 111th, Dawkins-Haigler of the 93rd, Williams of the 165th, Houston of the 170th, and Benfield of the 85th. The Speaker assumed the Chair. The hour of convening the Joint Session pursuant to HR 1089 having arrived, the Senate appeared upon the floor of the House, and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the Speaker. The Resolution calling for the Joint Session was read. WEDNESDAY, JANUARY 13, 2010 77 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 Jones ... 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. Let me begin by congratulating the new Speaker of the House ... and the new Speaker Pro Tem. I have always enjoyed our past relationships and I look forward to working with you both. As have previous Governors, I have used this address in past years to talk about the budget, policy issues, and to roll out my legislative agenda. You're probably wondering why there isn't a budget lying on your desk. Actually, it is there, its just really thin. This year's message will different, so let me apologize to you and the press corps in advance ... it is much bigger than a budget document. The encouragement I want to offer goes beyond numbers on a page, beyond line items in a bill and to the very core of why we are here and what we are called to do. I hope you'll grant me that privilege as I make this last lap around the track. First off, and before I talk about the tasks that lie ahead, I want to recognize the one Earthly person who has stood out as my inspiration and guide throughout this journey. Mary, you are the person I hope to become. Your kindness and gentleness have not only comforted me, but changed me. Mary, you have been a constant reminder of our purpose in public office, and I thank you for all that you have done as my loving wife and as the First Lady of Georgia.... At my first State of the State Address, we decided to leave a seat in the gallery empty to represent the children of Georgia who had no one to speak for them. And for the last seven years Mary has been that voice. By launching the Our Children Campaign, she has united and empowered individuals, corporations and faith-based organizations as they touched the face of children in their local communities. To my children and grandchildren in the audience today, words can not express my gratitude for your patience, love and support over the past seven years. 78 JOURNAL OF THE HOUSE I often tell people this story about sharing one another's reputations... When I was first elected to the State Senate, I sat my children down and told them there are things you can do down here in Bonaire that will make me embarrassed to come up to Atlanta. And there are things that I can do up in Atlanta that will make you embarrassed to go to school in Bonaire. Kids, you not only have never embarrassed me, but you have made me proud. ... For seven years, it has been my highest honor to work with those of you in this chamber and to represent nearly ten million Georgians. We have been through a lot together. In that time, we have sent our young men and women to fight in Afghanistan and Iraq, and we have seen the worst drought on record and an economy as difficult as any since the 1930's. You don't need me tell you that the challenge we face is real. But we can rest in the knowledge that America has seen these times before. Just over one year ago as Governors gathered with our newly elected President, I sat in the chambers of our nation's first Capitol at Congress Hall and my mind wandered back to the earliest days of our nation and to the Founding Fathers. There, in those hallowed surroundings, I couldn't help but reflect on their courage and optimism in the face of ultimate uncertainty. Their hope was against all odds but it was the spirit their time demanded. Think back to the early months of the Revolutionary War. Families from Savannah to Boston had given their fathers and sons to the American cause ... and, as it is with war ... many would never return to their homes. General George Washington and his army faced seemingly insurmountable odds. It was cold. His men were ill-equipped and outmatched. It was then, on December 23, 1776, only two days before the pivotal Battle of Trenton, that Washington sought to inspire his small volunteer army by reading aloud from Thomas Paine's powerful work, Crisis. Today, we can read the very words that ragged band of revolutionaries heard: "These are the times that try men's souls ... but he that stands it now, deserves the love and thanks of man and woman ... we have this consolation with us, that the harder the conflict, the more glorious the triumph." Sure of their cause, they pressed on to victory. And thus began the long, rich history of our nation. Those early days were not the darkest or most uncertain days our nation would see. Years later, the descendants of those revolutionary heroes would face each other, sometimes brother against brother fighting over the future direction of our growing nation. WEDNESDAY, JANUARY 13, 2010 79 The early 20th century brought a war on a scale never before witnessed by mankind. Seventy million soldiers took up arms in a conflict of lethal artillery and machine guns, trench warfare and poison gas. And almost six million would lose their lives in the defense of freedom. In the misery and cold ... in muddy trenches along the Western Front... we held strong. The 1930's brought a Great Depression a global downturn so severe that one of every four able-bodied Americans was out of work. Just recently, at the Southern Governors Association's 75th Anniversary down in Warm Springs, I was reminded how deeply the Depression affected Southern families ... and how long it took this region to fully emerge from that time. A decade later, America would join a world war in a fight against totalitarianism and hatred. At an unfathomable cost, America answered the call, persevered and emerged stronger still an international defender of individual freedom and liberty. But two world wars weren't the end of our trials in the 20th century. In Korea and Vietnam, America would lose more than 90,000 soldiers. And while thousands of young men fought in dark jungles across the world, there was another war at home a war within the national conscience as America strived ever closer to liberty and justice for all. That struggle was led by brave Georgians just blocks from here. Our nation's story, unfolding through the centuries, gives us some much needed perspective ... about where we are ... and what we face today. It teaches us that each generation has faced their own trial and shouldered their own responsibility. They faced every enemy and bore every cost in their resolve to create a better nation for their children. What stands out most is each generation's willingness to pick up the yoke and move our nation forward. It has not always been pretty ... but what has never happened in this nation ... is for one generation to drop the yoke and wait for the next to pick it up. And neither have they weighted them down with unbearable burdens! This is our time to carry a heavy load ... to do the hard thing now for the sake of our children and grandchildren. For our generation, the economic storm we now find ourselves in is unlike anything we've ever seen. These are hard times for Georgians ... many have lost jobs and others are working harder and longer for less ... checkbooks are harder to balance. Here in this chamber, this time has forced tough decisions on us. 80 JOURNAL OF THE HOUSE We spent the first six years of my administration, before this recession even began, making government more responsive ... more efficient ... more value-driven. And then came the biggest state revenue drop since the Great Depression. Together, we worked hard to find the best budget solutions and we asked our state team members for more in an effort to maintain services with fewer resources. But if we fail to do the hard thing now, our government will be spread far too thin to ensure that Georgia is educated, healthy, safe and growing. It would be easy to sit back and point fingers at Washington, but even here in Georgia, we have to avoid the temptation to serve the needs and wants of today at the expense of tomorrow. We must reject the course forward that promises the next generation little more than an expensive bill crushing entitlements and unfunded mandates. We cannot vote ourselves ease and comfort at the expense of our children and grandchildren. Alexis de Tocqueville said it well ... almost prophetically ... two hundred years ago: "A democracy can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over lousy fiscal policy, always followed by a dictatorship. The average of the world's great civilizations before they decline has been 200 years. These nations have progressed in this sequence: From bondage to spiritual faith; from faith to great courage; from courage to liberty; from liberty to abundance; from abundance to selfishness; from selfishness to complacency; from complacency to apathy; from apathy to dependency; from dependency back again to bondage." There has never been a cautionary tale so well-suited to a time and place as this one is to America, here and now. I love this one story that Thomas Paine recounted from the days of the American Revolution. He told of a tavern keeper at Amboy, who happened to be a closet Tory, for whom Paine had little respect. Paine described the scene: "He was standing at his door, with as pretty a child in his hand, about eight or nine years old, as I ever saw, and after speaking his mind as freely as he thought was prudent, finished with this unfatherly expression, `Well, give me peace in my day ... Give me peace in my day.'" Thomas Paine goes on to say that a loving parent should have said, "If there must be trouble, let it be in my day, that my child may have peace." And Paine is right ... "This WEDNESDAY, JANUARY 13, 2010 81 single reflection, well applied, is sufficient to awaken every man to duty." We must recover the spirit of that loving, sacrificing father. I believe I stand with most Georgians, when I say, I am for doing with a little less if it means a lighter burden and a brighter future for the next generation. There is honor in sacrifice and we must never pervert it into the disdain of dissatisfaction! I've talked a lot over the last few years about building a culture of conservation here in Georgia, using only what we need and being better stewards of our natural resources. At its core, that culture of conservation is a simple call to be satisfied with only what we truly need and it extends to every aspect of our lives. Going forward, we must forego the excesses of our time and reject the gluttonous instinct of this age. These times demand that we worry less about bringing home the pork, and more about empowering our people to grow their own hogs. These times call for true leadership in our communities, calling people to create a better Georgia ... elevating them out of the easy way of dependency. We have to call every Georgian to build rather than consume ... to give rather than take. And we must begin that transformation here! When I was sworn in to my second term, I said that the only legacy I sought was the same one any parent or grandparent seeks: to hand off our state ... our home ... to the next generation in better shape than we found it. We now find ourselves at a moment in history, in which we must do the hard thing now to ensure that bright future for them. And we can do none of this without one another. Instead of creating an environment of political posturing and blame casting, we can join hands and hearts and work together ... Republican and Democrat, rural and urban, experienced veterans and energetic newcomers. Governing is a team sport and we are all on Team Georgia. You come here to the Capitol each January, from every corner of the state, elected by distinct constituencies that sometimes have little in common. And together, we form a patchwork quilt with our beliefs, ideas and personalities. That diversity demands a true commitment to cooperation. I think of marriage and remember how the Apostle Paul exhorted husbands and wives at the Church at Ephesus. He called them to mutual respect, to put away any focus on self and to "submit to one another" for the common good. 82 JOURNAL OF THE HOUSE Those truths have application beyond marriage. They count here! The people who send us here expect us to work together for the good of this state. Georgians didn't elect us to see a rugby match with a scrum on every decision. When we don't work together, our jerseys get so muddy the people can't even distinguish which team we're on. And we all come out with mud on our face. The folks back home have entrusted us to put principles and progress over partisanship and they have asked us to do the hard thing now for the future of this state. And that means drilling down in every area of government to redefine our responsibilities and commitments going forward. We have to take this mindset and apply it to every corner of state government, including education. For too long, the easy answer in education has been to preserve the status quo ... the prevailing winds have often forced us to accept watered-down compromises that, frankly, nibbled around the edges. That began to change two years ago when you passed our IE squared legislation. Systems around the state are being freed from state mandates, bringing innovative thinking into their schools, while committing contractually to measurable student improvement. This radical move forward in education policy is already producing results. Yesterday morning, I outlined a proposal that would tie teacher pay to student achievement. Some will defend the status quo, but it's hard for me to believe that tying pay to performance is anything other than commonsense. Ladies and gentleman, many young people today have the idea that the salary ceiling is simply too low in teaching. That perception effectively shuts many of our best and brightest out of our classrooms. Teachers told us overwhelmingly in a survey that they should be evaluated based on both observation of their teaching and student growth. Let's make the commitment now to align our compensation with the mission of our schools let's do it for our teachers ... let's do it for our students and let's do it for the taxpayers of Georgia! I look forward to working with you on this unique opportunity to drive student achievement. ... As we rethink the appropriate role of government in these times, we cannot retreat from our duty to protect those who cannot protect themselves. I am convinced that Georgia can, Georgia must, and Georgia will adequately care for citizens in our state's mental health program, even though this has been a daunting challenge that precedes my time as Governor. We took a major step forward last year in creating an agency whose sole focus is caring for the mentally challenged and developmentally disabled. WEDNESDAY, JANUARY 13, 2010 83 With a respected mental health professional leading this agency, we have developed a plan that will stabilize hospital staffing and improve care in our institutions. Yes, it will cost more money, but I am confident the additional investment will result in better outcomes for patients. I want to be clear, my interest is not driven purely by legal mandates, but from my own personal belief that we have a moral obligation to serve those with disabilities. They are our mothers and fathers ... our sons and daughters ... our neighbors. And we are our brothers' keepers. That obligation should carry a tangible effort. It's a hard thing to do in these budget times ... the budgets that I will release on Friday will include additional investment $20 million in 2010 and over $50 million in 2011. Together, we are making concerted efforts to do the right thing for this vulnerable population. I ask for your continued support as well as that of our consumers, providers, advocates, families and communities to help us develop a system of care of which we can be proud. We have already faced tough decisions with respect to our team of state employees. We have trimmed payrolls and asked employees to do the job that two or even three of their co-workers used to perform. We have asked teachers, caseworkers, law enforcement personnel and agency heads to do more with less. And their commitment to go the extra mile deserves recognition. So, I want to take a moment to speak directly to my fellow state employees: Wherever you serve, I want to recognize and thank all of you for putting in the extra effort and the extra hours to meet this challenge. Responsibility and workloads have increased and you have met the call with excellence ... That doesn't go without notice. I notice your good work. Your bosses notice it. Your fellow Georgians notice it. Thank you! Now I want to brag on our talented state team a little bit. The men and women who make up our team have refused to make excuses and they have found a way to deliver great customer service in the face of cuts. That's why, as I travel across Georgia, citizens continue to thank me for the services you deliver. In fact, we've asked our customers, and they have given you a customer satisfaction rate above 76 percent. That beats most private businesses and makes us one of the only states that compares favorably with the private sector. State employees will tell you their job satisfaction which has increased 10 percent in the last two years comes from helping Georgians. 84 JOURNAL OF THE HOUSE High employee morale means a satisfied customer and a satisfied employee. I want to continue improving to make Georgia an "employer of choice" that can attract and retain top talent going forward. And I think it is appropriate at the beginning of this legislative session to ask ourselves if we have that same mindset of service. Now is the time to ask ourselves some very foundational questions anew: "Why are we here?" and "What do the people expect of us?" To answer those questions, I would like to recall the words of a great Georgian who passed away this year Dr. Michael Guido. That great sower of the seed had it right: "Greatness doesn't exist in reducing others to your service, but in reducing yourself to their service." Not only are those the words one great Georgian lived by, it is an ideal that is distinctly Georgian. Seven years ago today, at my inaugural, I reminded you of the motto adopted by the Georgia Trustees General Oglethorpe and the original colonists: "Not for self, but for others." That was the charge back then. It was the charge seven years ago and it is the charge today! We are trustees of the people's will. We owe them our best ... That is the sacred trust of democracy. The covenant of service which you and I have with Georgians must always be foremost in our hearts and minds to do what is right by them, not what is best for ourselves or for our party ... even to do the hard things now for a better tomorrow. All of us in this room have experienced an ego boost upon winning an election. But seven years ago on inauguration day, I was humbled when my son, then just a young 25-year old preacher, gave me this charge from the great prophet Micah: to "perform what the LORD requires. To act justly and to love mercy and to walk humbly with God." That charge has stuck with me for these seven years. Circumstances have changed ... many faces have come and gone ... but that call remains. It echoes in my heart and spirit, and it rings forth to you. ... You may have heard the story about the decorated general, undefeated in battle throughout his long career. When he had finally met his match after being lured into an ambush, he called for his bugler to "sound the retreat." When the bugler hesitated, he ordered, "Sound the retreat" even louder. Once again the bugler did not respond, and the general angrily demanded him to immediately "Sound the retreat." WEDNESDAY, JANUARY 13, 2010 85 The bugler looked at the general and said, "But sir, I don't know that call ... and our men don't know how to retreat." It would be easy to sit here and dread the tough decisions that lie ahead. But now is not the time to retreat. Now is the time to dig in even deeper and do the hard things so that our children and grandchildren will know a better Georgia. It's a tall order, but ours is a high calling, and you wouldn't be here if you weren't men and women especially marked by optimism, ambition and an unmovable belief that we should be working to make things the way they ought to be. I know we can achieve great things together. And I believe we will! Thank you. May God richly bless each and every one of you. May God bless this state and our great nation! Representative Keen of the 179th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed. The Speaker announced the Joint Session dissolved. The Speaker called the House to order. Representative Lindsey of the 54th 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. 86 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, January 14, 2010 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 Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Carter Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis E Dawkins-Haigler Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Dukes Ehrhart England Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree Henson Hill, C Hill, C.A Holt Horne Houston Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd Knight Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Purcell Ramsey Randall Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R E Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Burkhalter of the 50th, Casas of the 103rd, Cole of the 125th, Day of the 163rd, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Howard of the 121st, Hudson of the 124, Knox of the 24th, Martin of the 47th, Mosby of the 90th, Pruett of the 144th, Reece of the 11th, Setzler of the 35th, and Weldon of the 3rd. THURSDAY, JANUARY 14, 2010 87 They wish to be recorded as present. Prayer was offered by Dr. Jim Donovan, Senior Pastor, Southwest Christian Church, East Point, 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. The Speaker Pro Tem assumed the Chair. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 88 JOURNAL OF THE HOUSE HB 894. By Representatives Buckner of the 130th, Hill of the 21st, Greene of the 149th, Fullerton of the 151st, Hembree of the 67th 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 remove the sunset provision in Code Section 20-4-21.1, relating to authorization of certain nonlapsing revenue for the institutions under the Technical College System of Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 898. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change provisions relating to the contents of the publication of the notice of conviction for persons convicted for the second or subsequent time; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 935. By Representatives Bruce of the 64th, Morgan of the 39th, Fludd of the 66th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on Reducing Poverty and Increasing Economic Security; to provide for a short title; to provide for a legislative purpose; to provide for membership to such commission; to provide for certain requirements for membership to such commission; to provide for certain procedures regarding such commission; 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 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: THURSDAY, JANUARY 14, 2010 89 A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; 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 937. By Representatives O`Neal of the 146th, Sellier of the 136th and Talton of the 145th: 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 a limited exception to a conflict of interest provision relating to eligibility for election as a local board of education member; 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 Education. HB 938. By Representatives Peake of the 137th, Rice of the 51st, Ramsey of the 72nd, Lindsey of the 54th, Williams of the 178th 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 wireless telecommunications devices for sending or reading text messages 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 Public Safety and Homeland Security. HB 939. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th: 90 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 940. By Representatives Hugley of the 133rd, Morgan of the 39th, Buckner of the 130th, and Drenner of the 86th: 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 enact the "Jaheem Herrera-Bianca Walton Safe School Climate Act"; to provide for legislative findings and intent; to provide for definitions; to prohibit bullying, harassing, or intimidating behavior on school property and at other school related events; to provide that each local board of education shall establish a policy relating to bullying behavior; to require certain provisions in the policy; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HR 1114. By Representatives May of the 111th, Cox of the 102nd, Roberts of the 154th, Sims of the 169th, Burns of the 157th and others: A RESOLUTION urging Congressional leaders to allow Georgians to view the final discussions on health reform on C-SPAN and other electronic media outlets; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1115. By Representatives Heckstall of the 62nd and Brooks of the 63rd: A RESOLUTION recognizing the challenges facing Georgia and pledging to address key issues to improve the lives of all Georgians; and for other purposes. Referred to the Committee on Governmental Affairs. THURSDAY, JANUARY 14, 2010 91 HR 1116. By Representatives Heckstall of the 62nd, Brooks of the 63rd and Dukes of the 150th: A RESOLUTION recognizing the need for creating new streams of state revenue in these difficult economic times and requesting that a percentage of state funds be deposited into African-American owned financial institutions; and for other purposes. Referred to the Committee on Banks & Banking. HR 1117. By Representatives Heckstall of the 62nd, Brooks of the 63rd, Dukes of the 150th and Johnson of the 37th: A RESOLUTION recognizing the need to assist Georgians who have recently lost their health insurance coverage and requesting that those in the medical industry hear the call for assistance; and for other purposes. Referred to the Committee on Insurance. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 883 HB 885 HB 887 HB 896 HB 897 HB 901 HB 920 HB 921 HB 922 HB 923 HB 924 HB 925 HB 926 HB 927 HB 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HR 1105 HR 1106 HR 1107 HR 1108 HR 1109 HR 1110 HR 1111 HR 1112 Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report: Mr. Speaker: 92 JOURNAL OF THE HOUSE Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 124 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman The following members were recognized during the period of Morning Orders and addressed the House: Amerson of the 9th, Knight of the 126th, and Neal of the 1st. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1118. By Representatives Long of the 61st, Jones of the 46th, Ashe of the 56th, Taylor of the 55th, Benfield of the 85th and others: A RESOLUTION commending Deputy Chief Ernest Finley for his outstanding police service and inviting him to appear before the House of Representatives; and for other purposes. HR 1119. 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 1120. By Representatives Levitas of the 82nd and Smith of the 113th: A RESOLUTION commending Hands On Atlanta founders Mr. Kent Alexander, Ms. Elise Eplan, and Ms. Michelle Nunn, and inviting them to appear before the House of Representatives; and for other purposes. HR 1121. By Representatives Beasley-Teague of the 65th and Battles of the 15th: A RESOLUTION celebrating Mrs. Irene Geurin's 100th birthday and inviting her to appear before the House of Representatives; and for other purposes. THURSDAY, JANUARY 14, 2010 93 HR 1122. By Representatives Long of the 61st, Taylor of the 55th, Sinkfield of the 60th, Kaiser of the 59th, Lindsey of the 54th and others: A RESOLUTION commending Major Ernest Finley for his outstanding police service and inviting him to appear before the House of Representatives; and for other purposes. HR 1123. By Representative Maxwell of the 17th: A RESOLUTION recognizing and commending the Delta Team of the Paulding County High School JROTC Raider Regiment and inviting them to appear before the House of Representatives; and for other purposes. HR 1124. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Trevor Markus Rowell and inviting Roger, Mark, and Trevor Rowell to appear before the House of Representatives; and for other purposes. HR 1125. By Representatives Hill of the 21st and Byrd of the 20th: A RESOLUTION recognizing and commending Mr. Mo Thrash 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 1126. By Representative Neal of the 1st: A RESOLUTION declaring January 14, 2010, as Addiction Recovery Awareness Day at the state capitol; and for other purposes. HR 1127. By Representative Knight of the 126th: A RESOLUTION recognizing January 14, 2010, as Sportsman's Day at the state capitol; and for other purposes. HR 1128. By Representative Beasley-Teague of the 65th: A RESOLUTION honoring and remembering Mrs. Ruby Cody-Brooks on her birthday; and for other purposes. 94 JOURNAL OF THE HOUSE HR 1129. By Representative Epps of the 140th: A RESOLUTION commending Minnie Lee Summers Youngblood; and for other purposes. HR 1130. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Richard Bernard Burroughs IV; and for other purposes. HR 1131. By Representative Maxwell of the 17th: A RESOLUTION commending Leadership Paulding 20; and for other purposes. HR 1132. By Representative Walker of the 107th: A RESOLUTION recognizing and commending Andrew Wright Tippins; and for other purposes. HR 1133. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Gordon United Methodist Church; and for other purposes. HR 1134. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Twiggs County on the occasion of its bicentennial anniversary; and for other purposes. HR 1135. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending John Preston Elliot; and for other purposes. HR 1136. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Wyatt Matthew Jones; and for other purposes. HR 1137. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Michael Kenneth Ayres; and for other purposes. THURSDAY, JANUARY 14, 2010 95 HR 1138. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Thomas Bradley Fulkerson IV; and for other purposes. HR 1139. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Stewart Bradley Thrash; and for other purposes. HR 1140. By Representative Drenner of the 86th: A RESOLUTION recognizing and commending Mr. Tom Samson; and for other purposes. HR 1141. By Representatives Williams of the 178th and Smith of the 168th: A RESOLUTION recognizing and commending Lake Chapel Primitive Baptist Church in Appling County near Patterson; and for other purposes. HR 1142. By Representatives Setzler of the 35th, Manning of the 32nd, Ehrhart of the 36th, Neal of the 1st, Holt of the 112th and others: A RESOLUTION recognizing the tragic shooting that occurred in Kennesaw, Georgia, on January 12, 2010, and expressing gratitude to the first responders and health care providers for their heroic actions; and for other purposes. HR 1143. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th: A RESOLUTION honoring the life and memory of Mr. Carl Smith, Jr.; and for other purposes. HR 1144. By Representative Everson of the 106th: A RESOLUTION recognizing and commending the 2009 South Gwinnett High School football team; and for other purposes. HR 1145. By Representative Everson of the 106th: A RESOLUTION commending Ms. Eva Pattillo; and for other purposes. The Speaker assumed the Chair. 96 JOURNAL OF THE HOUSE The Speaker Pro Tem moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 25, 2010, 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 25, 2010. MONDAY, JANUARY 25, 2010 97 Representative Hall, Atlanta, Georgia Monday, January 25, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. Representative Weldon of the 3rd wished to be excused on all votes today. 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 Bell Benfield Benton Black Brooks Bruce Bryant Burkhalter Burns E Butler Carter Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Dukes England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner E Harbin Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Johnson Jones, J Jones, S Jordan Kaiser Keen E Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Maddox, B Maddox, G Mangham Manning Martin Maxwell May Mayo McCall McKillip Millar Mills Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Purcell Ramsey Randall Reece Rice Roberts Rogers Rynders Scott, A E Scott, M Sellier Setzler Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Buckner of the 130th, Cole of the 125th, Davis of the 109th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Hill of the 180th, Hudson of the 124th, Jerguson of the 22nd, Long of the 61st, Lucas of the 139th, Marin of the 96th, Meadows of the 5th, Morgan of the 39th, Powell of the 29th, Pruett of the 144th, Reese of the 98th, Shaw of the 176th, Smith of the 168th, and Teilhet of the 40th. 98 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Ken Adkins, First Jordan Grove MBC, 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. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 941. By Representative Morris of the 155th: A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal Article 11, relating to Kosher foods, and designate it as reserved; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Code Revision. HB 942. By Representatives Parsons of the 42nd, Ehrhart of the 36th, Manning of the 32nd, Scott of the 2nd, Johnson of the 37th and others: MONDAY, JANUARY 25, 2010 99 A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to extend the sunset of exemption with respect to the sale or use by a government contractor of overhead materials for an additional period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 943. By Representatives Marin of the 96th, Thomas of the 100th, Benfield of the 85th and Drenner of the 86th: 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 regarding education, so as to mandate that each public school maintain an active recycling program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 944. By Representatives Amerson of the 9th, Williams of the 4th, Wilkinson of the 52nd, Smith of the 70th, Hill of the 180th 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 prohibit certain use of wireless telecommunications devices by persons while operating a motor vehicle; to provide for exceptions; 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 Public Safety and Homeland Security. HB 945. By Representatives Amerson of the 9th and Williams of the 4th: 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 uniform rules of the road, so as to change certain provisions relating to drivers' exercise of due care and proper use of radios and mobile telephones; to prohibit certain use of wireless telecommunications devices; to provide for enforcement; to provide exceptions; to provide penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. 100 JOURNAL OF THE HOUSE HB 946. By Representatives Everson of the 106th, Graves of the 12th, Lunsford of the 110th, Hamilton of the 23rd and Davis of the 109th: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income of an individual taxpayer, so as to provide for an exclusion with respect to certified new business income; to provide for definitions, 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 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Referred to the Committee on Appropriations. HB 948. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Referred to the Committee on Appropriations. HB 949. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). Referred to the Committee on Appropriations. HB 950. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: MONDAY, JANUARY 25, 2010 101 A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2010 and ending June 30, 2011. Referred to the Committee on Appropriations. HB 951. By Representatives Smith of the 70th, England of the 108th, Carter of the 175th, Burns of the 157th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to 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. Referred to the Committee on Ways & Means. HB 952. By Representatives Smith of the 70th, England of the 108th, Carter of the 175th, Burns of the 157th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 953. By Representatives Smith of the 70th, England of the 108th, Carter of the 175th, Burns of the 157th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption 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. Referred to the Committee on Ways & Means. 102 JOURNAL OF THE HOUSE HR 1086. By Representatives Hill of the 21st, May of the 111th, Cooper of the 41st, Byrd of the 20th, Sheldon of the 105th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; 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 1146. By Representatives Cox of the 102nd, Reese of the 98th, May of the 111th, Franklin of the 43rd, Byrd of the 20th and others: A RESOLUTION declaring the General Assembly's position that neither the state nor its citizens are obligated to comply with the dictates of a presidentially appointed "czar"; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HR 1147. By Representatives Nix of the 69th and Smith of the 129th: A RESOLUTION celebrating the life and achievements of Millard Fuller and dedicating a highway in his honor; 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 889 HB 894 HB 898 HB 935 HB 936 HB 937 HB 938 HB 939 HB 940 HR 1114 HR 1115 HR 1116 HR 1117 Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: MONDAY, JANUARY 25, 2010 103 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 926 Do Pass Respectfully submitted, /s/ Mills of the 25th Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 905 Do Pass HB 906 Do Pass HB 907 Do Pass HB 923 Do Pass Respectfully submitted, /s/ Coleman of the 97th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Smith of the 70th, Purcell of the 159th, Cooper of the 41st, and Morgan of the 39th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1165. By Representative Maddox of the 172nd: A RESOLUTION recognizing February 4, 2010, 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 Resolutions of the House were read and adopted: 104 JOURNAL OF THE HOUSE HR 1148. By Representatives Purcell of the 159th and Burns of the 157th: A RESOLUTION recognizing January 25, 2010, as Effingham County Day at the Capitol; saluting the Effingham County Chamber of Commerce; and for other purposes. HR 1149. By Representatives Purcell of the 159th and Burns of the 157th: A RESOLUTION recognizing and commending the Christian Leadership Academy of the Effingham YMCA; and for other purposes. HR 1150. By Representatives Lane of the 158th, Hill of the 180th, Sims of the 119th, Knight of the 126th, Sellier of the 136th and others: A RESOLUTION commemorating the Keep Georgia Beautiful program and its 77 local affiliates who serve 79 percent of the population of the State of Georgia; and for other purposes. HR 1151. By Representatives Kaiser of the 59th, Ashe of the 56th, Burkhalter of the 50th, Lindsey of the 54th and Dempsey of the 13th: A RESOLUTION recognizing and commending Mr. Dennis Kelly; and for other purposes. HR 1152. By Representative Everson of the 106th: A RESOLUTION honoring the life and memory of Mrs. Zackie Ree Deal; and for other purposes. HR 1153. By Representatives Manning of the 32nd and Parsons of the 42nd: A RESOLUTION recognizing and commending Ms. Peggy Rosser upon the occasion of her retirement; and for other purposes. HR 1154. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Brooks of the 63rd and Abrams of the 84th: A RESOLUTION honoring the life and memory of Mrs. Louise Walters Beasley; and for other purposes. HR 1155. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Brooks of the 63rd and Abrams of the 84th: MONDAY, JANUARY 25, 2010 105 A RESOLUTION honoring the life and memory of Mr. Jeffery Taylor Goen; and for other purposes. HR 1156. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Brooks of the 63rd and Abrams of the 84th: A RESOLUTION honoring the life and memory of Mrs. Alice Tinsley; and for other purposes. HR 1157. By Representatives Day of the 163rd, Talton of the 145th, Harbin of the 118th, Neal of the 1st and Black of the 174th: A RESOLUTION honoring and commending the firefighters of Georgia and observing the 38th annual Firefighters' Recognition Day; and for other purposes. HR 1158. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A RESOLUTION recognizing and commending the City of Valdosta on its sesquicentennial anniversary; and for other purposes. HR 1159. By Representatives McCall of the 30th, England of the 108th, Burns of the 157th, Roberts of the 154th, Black of the 174th and others: A RESOLUTION recognizing and commending the Georgia Farm Bureau Federation; and for other purposes. HR 1160. By Representatives McCall of the 30th, England of the 108th, Burns of the 157th, Roberts of the 154th, Black of the 174th and others: A RESOLUTION recognizing and commending the Georgia Green Industry Association; and for other purposes. HR 1161. By Representatives McCall of the 30th, England of the 108th, Burns of the 157th, Roberts of the 154th, Black of the 174th and others: A RESOLUTION recognizing February 10, 2010, as Equine Youth Day at the state capitol; and for other purposes. HR 1162. By Representative James of the 135th: A RESOLUTION honoring the life and memory of Private First Class John Phillip Dion; and for other purposes. 106 JOURNAL OF THE HOUSE HR 1163. By Representative Everson of the 106th: A RESOLUTION recognizing and commending Ms. Mia N. Armstrong; and for other purposes. HR 1164. By Representatives Benfield of the 85th, Harden of the 147th, Neal of the 1st and Drenner of the 86th: A RESOLUTION declaring March 5, 2010, as Methadone Treatment Awareness Day at the state capitol; and for other purposes. The following communication was received: Speaker's Order No. 2010-1 PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics, and Decorum of the House of Representatives a special committee of the House is hereby appointed to consider bills regarding small business development and job creation. This committee of the house shall be designated as the Special Committee on Small Business Development and Job Creation. The committee shall only have authority to deliberate, hear testimony, compel witnesses or consider amendments that are germane to the subject matter of bills assigned to it regarding small business development and job creation. The Committee shall act during its existence with the same authority, in all respects, as if it was one of the standing committees of the House established by Rule 10.1. The following members of the house are appointed as officers of the Committee: 1. Chairman: John Lunsford 2. Vice Chairman: Bob Smith 3. Secretary: Billy Horne The following members of the House are appointed to serve on the Committee: 4. Amy Carter 5. Karla Drenner 6. Melvin Everson 7. Tom Graves 8. Mark Hamilton 9. Sean Jerguson 10. Kevin Levitas 11. Barry Loudermilk MONDAY, JANUARY 25, 2010 107 12. Fran Millar 13. Howard Mosby 14. Allen Peake 15. Alan Powell 16. Barbara Sims SO ORDERED, by my hand, this 22nd day of January, 2010. /s/ David Ralston David Ralston, Speaker House of Representatives Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. 108 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, January 26, 2010 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 Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter E Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cox Crawford Davis Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Dukes England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield E Heard E Heckstall Hembree Henson E Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keown Kidd 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 Millar Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Purcell Ramsey Randall Reece Rice Roberts Rogers Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, R Smith, T Smyre Stephens, M Stephens, R E Stephenson Talton Teilhet Thomas Thompson Weldon Wilkinson Willard Williams, A Williams, E Williams, M Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Cooper of the 41st, Ehrhart of the 36th, Floyd of the 99th, Golick of the 34th, Hudson of the 124th, Jacobs of the 80th, Keen of the 179th, Lucas of the 139th, Morris of the 155th, Powell of the 29th, Pruett of the 144th, Reese of the 98th, Rynders of the 152nd, Smith of the 70th, Taylor of the 55th, Walker of the 107th, Williams of the 4th, and Wix of the 33rd. TUESDAY, JANUARY 26, 2010 109 They wish to be recorded as present. Prayer was offered by Dr. Benny Tate, Rock Springs Baptist 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. 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 954. By Representatives Powell of the 171st, Willard of the 49th, Coan of the 101st, Ramsey of the 72nd, Mills of the 25th and others: A BILL to be entitled an Act to amend Code Section 19-6-5 of the Official Code of Georgia Annotated, relating to factors in determining amount of alimony, so as to provide that the finder of fact shall not consider certain events when determining the amount of alimony; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 955. By Representatives Marin of the 96th and Gardner of the 57th: 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 110 JOURNAL OF THE HOUSE Department of Community Health to seek federal funds to provide medical assistance and health care benefits to qualified alien children and pregnant women under Medicaid and the PeachCare for Kids Program; to provide for eligibility for qualified aliens under Medicaid and PeachCare; 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 956. By Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 957. By Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding pardons and paroles, so as to provide that restitution shall be a condition of parole in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 958. By Representatives Day of the 163rd, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer TUESDAY, JANUARY 26, 2010 111 Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 959. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 960. By Representatives Benton of the 31st and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 22 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Defined Contribution Plan, so as to change the method of making a lump sum payment upon the member's death; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 961. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; 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 962. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax 112 JOURNAL OF THE HOUSE payment, so as to change the provisions regarding refund checks; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 963. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding returns of taxable real property; to change certain provisions regarding affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons 62 years of age or older whose income does not exceed $10,000.00; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 964. By Representative Lane of the 167th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 965. By Representatives McKillip of the 115th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 7 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 governments; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 966. By Representatives Millar of the 79th, Lindsey of the 54th, Dickson of the 6th, Levitas of the 82nd and Cox of the 102nd: A BILL to be entitled an Act to amend Article 34 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to intradistrict transfers, so TUESDAY, JANUARY 26, 2010 113 as to provide that permanent classroom space shall not include temporary buildings, portable units, or trailers for purposes of intradistrict transfers between schools; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 967. By Representatives Gordon of the 162nd, Stephens of the 164th, Day of the 163rd, Jerguson of the 22nd, Stephens of the 161st 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 real property with the basic homestead exemption application 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 968. By Representatives Ashe of the 56th, Gardner of the 57th, Jacobs of the 80th, Kaiser of the 59th, Bell of the 58th and others: A BILL to be entitled an Act to amend Code Section 32-2-80 of the Official Code of Georgia Annotated, relating to public-private partnerships entered into by the Department of Transportation, so as to prohibit entering into a public-private partnership for the construction of certain tunnels; 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 969. By Representatives Maxwell of the 17th, Benton of the 31st, Coleman of the 97th, Talton of the 145th, Buckner of the 130th 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 amend certain provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of Georgia; to provide for employee contributions; to provide for application for certain creditable service; to clarify provisions relative to post-retirement employment; to amend certain 114 JOURNAL OF THE HOUSE provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 970. By Representatives Black of the 174th, Anderson of the 117th, McCall of the 30th, Roberts of the 154th, James of the 135th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 44 of the Official Code of Georgia Annotated, relating to processioning for determination of property boundaries, so as to change certain provisions relating to application for new survey, marking of lines, and notice to owners of adjoining lands; to provide for resurveying and re-marking of property boundaries by licensed surveyors without processioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 971. By Representatives Black of the 174th, Sims of the 169th, Powell of the 171st, Greene of the 149th, Scott of the 153rd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for refund or crediting of de minimis overpayments; to provide for waiver of de minimis insufficiencies; 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 972. By Representatives Mitchell of the 88th, Willard of the 49th, Jacobs of the 80th, Brooks of the 63rd, Williams of the 89th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to change the time for the delivery of a notice of the initiation of foreclosure proceedings; to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, JANUARY 26, 2010 115 Referred to the Committee on Judiciary. HB 973. By Representatives Jacobs of the 80th, Levitas of the 82nd, Powell of the 171st, Ramsey of the 72nd, Lane of the 167th and others: A BILL to be entitled an Act to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to jurisdiction for magistrate courts, so as to increase the jurisdictional limit in civil claims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 974. By Representatives Maxwell of the 17th and Benton of the 31st: 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 a member seeking creditable service for a period of absence from duty must have returned to service; to change the vesting period; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 975. By Representatives Anderson of the 117th, Harbin of the 118th, Sims of the 119th, Coan of the 101st, Maddox of the 127th 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 property tax exemptions, so as to provide an exemption for the full value of certain new constructions of single-family residences; to provide qualifications; to provide for certain procedures regarding such exemptions; to provide for the taxes to which such exemptions are applicable; to provide for a referendum; to provide for 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 976. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project, so as to change the duration of the project; to provide for related 116 JOURNAL OF THE HOUSE matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1166. By Representatives Marin of the 96th, Drenner of the 86th and Thomas of the 100th: A RESOLUTION urging local boards of education to apply for federal funding to retrofit school buses with pollution control devices; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1167. By Representative Battles of the 15th: A RESOLUTION honoring the life and memory of Mr. Eli Robert "E. R." Bates, Jr. and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1168. By Representatives Ralston of the 7th, Jones of the 46th and Hembree of the 67th: A RESOLUTION amending the Rules of the House of Representatives; and for other purposes. Referred to the Committee on Rules. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 941 HB 942 HB 943 HB 944 HB 945 HB 946 HB 947 HB 948 HB 949 HB 950 HB 951 HB 952 HB 953 HR 1086 HR 1146 HR 1147 Representative Hatfield of the 177th District, Vice-Chairman of the Committee on Judiciary Non-Civil, submitted the following report: TUESDAY, JANUARY 26, 2010 117 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 HB 392 HB 859 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Hatfield of the 177th Vice-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 resolutions of the House: HR 1134. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Twiggs County on the occasion of its bicentennial anniversary; and for other purposes. HR 1142. By Representatives Setzler of the 35th, Manning of the 32nd, Ehrhart of the 36th, Neal of the 1st, Holt of the 112th and others: A RESOLUTION recognizing the tragic shooting that occurred in Kennesaw, Georgia, on January 12, 2010, and expressing gratitude to the first responders and health care providers for their heroic actions; and for other purposes. The following members were recognized during the period of Morning Orders and addressed the House: Geisinger of the 48th, Shaw of the 176th, Manning of the 32nd, Maxwell of the 17th, Rice of the 51st, Stephens of the 164th, Purcell of the 159th, and Howard of the 121st. The following Resolutions of the House were read and referred to the Committee on Rules: 118 JOURNAL OF THE HOUSE HR 1169. By Representatives Murphy of the 120th, Sims of the 119th, Howard of the 121st, Anderson of the 117th and Smith of the 122nd: A RESOLUTION recognizing and honoring Dr. Walter Gamewell "Curly" Watson and inviting him to appear before the House of Representatives; and for other purposes. HR 1170. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Sellier of the 136th: A RESOLUTION recognizing the Warner Robins American Little League Softball team for winning the Softball World Series and inviting the team and coaches to appear before the House of Representatives; and for other purposes. HR 1171. By Representative Battles of the 15th: A RESOLUTION congratulating the Cartersville High School varsity baseball team on winning the 2009 GISA Class AAA 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 1172. By Representatives Dempsey of the 13th and Jerguson of the 22nd: A RESOLUTION recognizing January 26, 2010, as Interior Design Day at the state capitol; and for other purposes. HR 1173. By Representatives Stephens of the 164th, Parrish of the 156th, Nix of the 69th, Dickson of the 6th, Pruett of the 144th and others: A RESOLUTION declaring January 26, 2010, as Tourism Day at the state capitol and commending the tourism industry of Georgia; and for other purposes. HR 1174. By Representatives Marin of the 96th and Brooks of the 63rd: A RESOLUTION commending United States Department of Homeland Security Secretary Janet Napolitano; and for other purposes. TUESDAY, JANUARY 26, 2010 119 HR 1175. By Representative Brooks of the 63rd: A RESOLUTION recognizing and commending Mr. Robert Johnson; and for other purposes. HR 1176. By Representative Sims of the 169th: A RESOLUTION recognizing and commending Clark Heidenreich; and for other purposes. HR 1178. By Representative Greene of the 149th: A RESOLUTION recognizing and commending Mr. Roy Burks; and for other purposes. HR 1179. By Representative Jones of the 44th: A RESOLUTION honoring the life and memory of Mrs. Addie Gates Austin; and for other purposes. HR 1180. By Representative Jones of the 44th: A RESOLUTION honoring the life and memory of Mrs. Narvie Jordan Harris; and for other purposes. HR 1181. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mr. John H. Lewis, Sr.; and for other purposes. HR 1182. By Representative Glanton of the 76th: A RESOLUTION recognizing and commending the Veterans of Foreign Wars of the United States Post 4706 on the occasion of its 40th anniversary; and for other purposes. HR 1183. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Adelaide Burnette; and for other purposes. 120 JOURNAL OF THE HOUSE HR 1184. By Representative Sims of the 169th: A RESOLUTION recognizing and commending Jad Thomas Fussell; and for other purposes. HR 1185. By Representative Brooks of the 63rd: A RESOLUTION recognizing and commending Reverend Henry Clay Ficklin on the occasion of this 31st pastoral anniversary; and for other purposes. HR 1186. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mr. Roy Lee Burns, Sr.; and for other purposes. HR 1187. By Representative Brooks of the 63rd: A RESOLUTION recognizing and commending Mr. Yves Mombeleur; and for other purposes. HR 1188. By Representatives Smith of the 129th, Buckner of the 130th, Hugley of the 133rd, Heard of the 114th and Smyre of the 132nd: A RESOLUTION honoring the life and memory of Mr. Joseph Gregory Taylor; 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 Appropriations: 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. TUESDAY, JANUARY 26, 2010 121 By unanimous consent, the following Bill of the House was withdrawn from the Committee on Economic Development & Tourism and referred to the Committee on Regulated Industries: 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. 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. 122 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, January 27, 2010 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 Austin Baker Barnard Battles Bearden E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Carter E Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dooley Drenner Dukes England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard E Heckstall Hembree E Henson E Hill, C Hill, C.A Holt Howard Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knox Lane, B Lane, R Levitas Lindsey Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May Mayo E McCall McKillip Meadows Mills Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Pruett Ramsey Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M E Stephenson Talton Teilhet Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Burkhalter of the 50th, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Ehrhart of the 36th, Floyd of the 99th, Harbin of the 118th, Horne of the 71st, Houston of the 170th, Jordan of the 77th, Knight of the 126th, Long of the 61st, Loudermilk of the 14th, Millar of the 79th, Powell of the 29th, and Purcell of the 159th. They wish to be recorded as present. WEDNESDAY, JANUARY 27, 2010 123 Prayer was offered by Reverend Judd Drake, Irwinton Toomsboro United Methodist Church, Irwinton, 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 977. By Representatives Rynders of the 152nd, Lindsey of the 54th, Millar of the 79th, Carter of the 175th, Powell of the 171st 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 prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. 124 JOURNAL OF THE HOUSE HB 978. By Representatives Bearden of the 68th, Bruce of the 64th and Powell of the 29th: A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to repeal the requirement that applications for the use of speed detection devices name the roads on which such devices are to be used; to repeal the requirement that vehicles using speed detection devices be visible for a distance of at least 500 feet; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 979. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for penalties for committing aggravated assault on a law enforcement explorer; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 980. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to local school board members engaging in the bail bond business; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 981. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles WEDNESDAY, JANUARY 27, 2010 125 painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 983. 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 define certain terms; to disallow expenses paid to captive factoring entities; 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 984. 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 repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; 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. 126 JOURNAL OF THE HOUSE HB 985. By Representatives Fludd of the 66th and Mosby of the 90th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to 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. HB 986. 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 the administration of revenue and taxation, so as to provide for notification, attachment, and seizure of funds held by financial institutions; to provide for definitions, procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 987. By Representatives Bryant of the 160th, Stephens of the 164th, Gordon of the 162nd, Stephens of the 161st, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to prohibit cockfighting and related conduct; to provide for punishments; to provide for exceptions; to define a term; to provide for applicability; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain provisions relating to caring for an impounded animal; to change certain provisions relating to failure to respond, right to hearing, care, and crime exception; to change certain provisions relating to filing a report regarding animal cruelty and immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. WEDNESDAY, JANUARY 27, 2010 127 HB 988. By Representatives Willard of the 49th, Holt of the 112th and Geisinger of the 48th: A BILL to be entitled an Act to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to require the operator of a motor vehicle to leave a safe distance between such motor vehicle and a bicycle when such vehicle is passing the bicycle; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 989. By Representatives Powell of the 29th, Kidd of the 141st and Bearden of the 68th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the board to contract with various municipalities of this state for the inclusion of the employees within any health plans established under that part; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 990. By Representatives Powell of the 29th, Rice of the 51st and Bearden of the 68th: 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 ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the Committee on Motor Vehicles. HB 991. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th: 128 JOURNAL OF THE HOUSE 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 992. By Representative Taylor of the 55th: 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 exemptions regarding income taxes, so as to provide an exemption from such taxes for expenses related to private security for residential neighborhoods; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 993. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th and Epps of the 140th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to taxation of the furnishing for value of rooms, lodgings, or accommodations, so as to authorize certain counties and municipalities to levy such taxes at the rate of 6 percent; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for WEDNESDAY, JANUARY 27, 2010 129 licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 995. By Representatives May of the 111th, Roberts of the 154th, Stephens of the 164th, Smith of the 113th, Peake of the 137th and others: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide for the earliest start date of a school year; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 996. By Representatives May of the 111th, Roberts of the 154th, McCall of the 30th, England of the 108th and Peake of the 137th: 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 change the partial exemption from ad valorem taxation of heavy-duty equipment motor vehicles to a tax credit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1177. By Representatives Geisinger of the 48th, McCall of the 30th, Lindsey of the 54th, Bruce of the 64th, Levitas of the 82nd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for pari-mutuel wagering on horse racing; 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: 130 JOURNAL OF THE HOUSE HB 954 HB 955 HB 956 HB 957 HB 958 HB 959 HB 960 HB 961 HB 962 HB 963 HB 964 HB 965 HB 966 HB 967 HB 968 HB 969 HB 970 HB 971 HB 972 HB 973 HB 974 HB 975 HB 976 HR 1166 HR 1167 HR 1168 Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 131 Do Pass, by Substitute 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 54 Do Pass HB 486 Do Pass HB 817 Do Pass HB 916 Do Pass Respectfully submitted, /s/ Maxwell of the 17th Chairman WEDNESDAY, JANUARY 27, 2010 131 Representative Hembree of the 67th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1168 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Wilkinson of the 52nd, Sims of the 119th, Williams of the 165th, Smith of the 70th, Anderson of the 117th, and Rogers of the 26th. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1189. By Representatives Day of the 163rd, Jackson of the 142nd, Amerson of the 9th, Maddox of the 127th, 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. HR 1190. By Representatives Ralston of the 7th, Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th and others: A RESOLUTION commending City of Atlanta Mayor Kasim Reed 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 1191. By Representative Buckner of the 130th: A RESOLUTION honoring the life and memory of Dr. Kenneth Peirce; and for other purposes. 132 JOURNAL OF THE HOUSE HR 1192. By Representatives Long of the 61st, Henson of the 87th, Ashe of the 56th, Benfield of the 85th, Drenner of the 86th and others: A RESOLUTION recognizing and commending Ms. Lisa Yeiser; and for other purposes. HR 1193. By Representatives Long of the 61st, Henson of the 87th, Ashe of the 56th, Benfield of the 85th, Drenner of the 86th and others: A RESOLUTION recognizing and commending Ms. Dianne Bryant; and for other purposes. HR 1194. By Representatives Long of the 61st, Henson of the 87th, Ashe of the 56th, Benfield of the 85th, Drenner of the 86th and others: A RESOLUTION recognizing and commending Mr. Brent Sobol; and for other purposes. HR 1195. By Representatives Neal of the 1st and Weldon of the 3rd: A RESOLUTION recognizing and commending Fort Oglethorpe Fire and Rescue; and for other purposes. HR 1196. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION recognizing and commending Sergeant Jordan Gitgood; and for other purposes. HR 1197. By Representatives Stephens of the 164th, Day of the 163rd, Bryant of the 160th, Purcell of the 159th, Stephens of the 161st and others: A RESOLUTION recognizing and commending Dr. James C. Metts, Jr.; and for other purposes. HR 1198. By Representatives Keen of the 179th, Burkhalter of the 50th, O`Neal of the 146th, Stephens of the 164th, Lindsey of the 54th and others: A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes. WEDNESDAY, JANUARY 27, 2010 133 HR 1199. By Representatives Burns of the 157th and Purcell of the 159th: A RESOLUTION recognizing and commending Preston G. and Mary Agnes Snooks Exley on the occasion of their 50th wedding anniversary; and for other purposes. HR 1200. By Representative Greene of the 149th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Mae Willie Jackson; and for other purposes. HR 1201. By Representative Levitas of the 82nd: A RESOLUTION recognizing and commending Evansdale Elementary School; 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. 134 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, January 28, 2010 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 E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dollar 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 E Heckstall Hembree Henson E Hill, C Hill, C.A Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd Knight Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Marin Martin E Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Pruett Purcell Ramsey Randall Reece Rice Roberts Rogers Rynders Scott, M Sellier Setzler Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Cole of the 125th, Floyd of the 99th, Golick of the 34th, Heard of the 114th, Knox of the 24th, Lucas of the 139th, Morris of the 155th, Powell of the 29th, Reese of the 98th, Shaw of the 176th, Sheldon of the 105th, and Walker of the 107th. THURSDAY, JANUARY 28, 2010 135 They wish to be recorded as present. Prayer was offered by Dr. Reed Crumbliss, First Baptist Church, Forest Park, 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. Pursuant to HR 1190, the House was called to order by the Speaker for the purpose of receiving the mayor of Atlanta, the Honorable Kasim Reed. The Speaker appointed as a Committee of Escort the following members: Representatives Harbin of the 118th, Wilkinson of the 52nd, Ashe of the 56th, Jones of the 44th, Dobbs of the 53rd, Lindsey of the 54th, Taylor of the 55th, Gardner of the 57th, Kaiser of the 59th, Sinkfield of the 60th, Long of the 61st, Brooks of the 63rd, Bruce of the 64th, Bell of the 58th, and Abrams of the 84th. Accompanied by the Committee of Escort and other distinguished guests, the Honorable Kasim Reed appeared before the House and addressed the members. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: 136 JOURNAL OF THE HOUSE HB 997. By Representatives Maxwell of the 17th, Benton of the 31st and Weldon of the 3rd: A BILL to be entitled an Act to amend Chapter 18 of Title 47 of the Official Code of Georgia Annotated, relating to social security coverage for employees of the state and political subdivisions of the state, so as to provide that the Employees' Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 998. By Representatives Martin of the 47th, Peake of the 137th, Wilkinson of the 52nd and Lunsford of the 110th: A BILL to be entitled an Act to amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to repeal the corporate net worth tax; to provide an effective date; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; 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 999. By Representatives Lindsey of the 54th, Jacobs of the 80th, Oliver of the 83rd, Willard of the 49th and Crawford of the 16th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for legislative intent; to provide for definitions; to provide for portable medical orders; to provide for requirements regarding who may administer a portable medical order; to provide who is authorized to issue a portable medical order; to provide for the cancellation of a portable medical order; to provide for the revocation of a portable medical order; to provide that the Department of Community Health design a standardized portable medical order form; to provide for the approval of the court with respect to certain portable medical orders; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. THURSDAY, JANUARY 28, 2010 137 HB 1000. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to change the bag limits for bear; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1001. By Representatives Martin of the 47th, Stephens of the 164th, Loudermilk of the 14th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain qualified investments for a limited period of time; to provide for legislative findings and intent; 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 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 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1003. By Representatives Chambers of the 81st, Williams of the 178th and Willard of the 49th: 138 JOURNAL OF THE HOUSE 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 repeal provisions related to the regulation and licensing of bingo; to allow persons to participate in and offer bingo games without requiring a state issued license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1004. By Representatives Holt of the 112th, Loudermilk of the 14th and Benfield of the 85th: A BILL to be entitled an Act to amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to provide that it shall be illegal for the state or its political subdivisions to require the use of an individual's social security number or any portion thereof or date of birth or any portion thereof as a username or user identification or component of a username or user identification for access to computers, computer networks, software, web pages, and similar electronic files; to provide for punishment for violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1006. By Representatives England of the 108th, Burns of the 157th, Houston of the 170th and Meadows of the 5th: 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 certain sales of THURSDAY, JANUARY 28, 2010 139 seed, fertilizers and other chemicals, and feed; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1008. By Representatives Peake of the 137th, Williams of the 4th, Meadows of the 5th, Smith of the 131st, Martin of the 47th 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 continue a partial exemption for a limited period of time from state sales and use tax only with respect to the sale or use of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing of tangible personal property primarily for resale; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1009. By Representatives Marin of the 96th, Mitchell of the 88th, Brooks of the 63rd, Taylor of the 55th, Drenner of the 86th 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 or pedestrian; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping motorists or pedestrians; to require law enforcement officers to document the race, 140 JOURNAL OF THE HOUSE ethnicity, and gender of a motorist and passengers or pedestrian; 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 1010. By Representatives Greene of the 149th, Hanner of the 148th, 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), as amended, 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. Referred to the Committee on Intragovernmental Coordination - Local. HB 1011. By Representatives Hill of the 180th, Smith of the 168th, Lane of the 167th, Stephens of the 164th, Barnard of the 166th 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 lawful and unlawful activities involving or related to gambling, so as to provide that cruise ships engaged in lawful gambling activities outside this state may also engage in such activities while in transit in the waters of this state to or from waters outside the state; to provide for conditions and limitations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, JANUARY 28, 2010 141 Referred to the Committee on Motor Vehicles. HB 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1014. By Representatives Peake of the 137th, Cooper of the 41st, Wilkinson of the 52nd and Graves of the 12th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to extend an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1015. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street gang terrorism and prevention and criminal procedure, so as to expand and change provisions relating to criminal street gangs and criminal gang activity; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for the duration of his or her sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1016. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to 142 JOURNAL OF THE HOUSE revise a term so as to include businesses as potential identity theft victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1017. By Representative Collins of the 27th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the cancellation, suspension, and revocation of drivers' licenses, so as to require the suspension of a Class M driving privilege upon conviction for certain criminal offenses relating to the operation of a motorcycle; to amend Code Section 40-6-312 of the Official Code of Georgia Annotated, relating to operating motorcycles on a roadway laned for traffic, so as to prohibit the operation of a motorcycle on one wheel on a roadway; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1018. By Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd, Mangham of the 94th, Frazier of the 123rd and Mosby of the 90th: 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 relative to the "Quality Basic Education Act," so as to provide that the State Board of Education shall incorporate into rape prevention and personal safety education programs a program for preventing teen dating violence, the Love Is Not Abuse Curriculum; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 1019. By Representatives Morgan of the 39th, Barnard of the 166th, Murphy of the 120th, Gardner of the 57th, Johnson of the 37th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide that each state agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original THURSDAY, JANUARY 28, 2010 143 permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster; 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 1020. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax for educational purposes; 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1021. By Representative Lunsford of the 110th: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1022. By Representatives Lunsford of the 110th, Loudermilk of the 14th, Stephens of the 164th, Martin of the 47th and Harbin of the 118th: 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 and the County Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 144 JOURNAL OF THE HOUSE Referred to the Committee on Governmental Affairs. HR 1202. By Representatives Pruett of the 144th, Meadows of the 5th, Yates of the 73rd, Collins of the 27th, Everson of the 106th and others: A RESOLUTION honoring the life of SFC William Maud Bryant and dedicating a highway in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1203. By Representative Parrish of the 156th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools; 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 Resolution of the House were read the second time: HB 977 HB 978 HB 979 HB 980 HB 981 HB 982 HB 983 HB 984 HB 985 HB 986 HB 987 HB 988 HB 989 HB 990 HB 991 HB 992 HB 993 HB 994 HB 995 HB 996 HR 1177 Representative Hamilton of the 23rd 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: THURSDAY, JANUARY 28, 2010 145 HB 665 Do Pass, by Substitute Respectfully submitted, /s/ Hamilton of the 23rd 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 1190 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, JANUARY 28, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 8th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HR 1168 House; amend rules (Rules-Ralston-7th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman 146 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: Buckner of the 130th, Cox of the 102nd, and Butler of the 18th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1190. By Representatives Ralston of the 7th, Smyre of the 132nd, Porter of the 143rd, Hugley of the 133rd, Ashe of the 56th and others: A RESOLUTION commending City of Atlanta Mayor Kasim Reed and inviting him to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 1168. By Representatives Ralston of the 7th, Jones of the 46th and Hembree of the 67th: A RESOLUTION amending the Rules of the House of Representatives; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Heckstall Y Hembree Y Henson E 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 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 Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M THURSDAY, JANUARY 28, 2010 147 Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 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 Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders On the adoption of the Resolution, the ayes were 169, nays 0. Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker The Resolution, having received the requisite constitutional majority, 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. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1217. By Representatives Fludd of the 66th, Abdul-Salaam of the 74th, Ramsey of the 72nd, Jordan of the 77th and Yates of the 73rd: A RESOLUTION congratulating the Sandy Creek High School football team on winning the 2009 GISA Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes. HR 1218. By Representatives O`Neal of the 146th, Sellier of the 136th, Peake of the 137th, Talton of the 145th, Harden of the 147th and others: A RESOLUTION recognizing and commending the 2009 Georgia USGA women's golf team on winning the USGA Women's State Team Championship and inviting them to appear before the House of Representatives; and for other purposes. 148 JOURNAL OF THE HOUSE The following Resolutions of the House were read and adopted: HR 1204. By Representatives Smith of the 113th, Jones of the 46th, Keen of the 179th, Martin of the 47th, Harbin of the 118th and others: A RESOLUTION recognizing and expressing appreciation to the Honorable Mark Burkhalter; and for other purposes. HR 1205. By Representatives Marin of the 96th, Mitchell of the 88th, Porter of the 143rd, Sellier of the 136th, Benfield of the 85th and others: A RESOLUTION recognizing the importance of accurate census data and requesting the United States Congress, the President, Georgia government officials and agencies, and Georgia citizens do all that is possible to ensure a successful 2010 United States Census; and for other purposes. HR 1206. By Representatives Brooks of the 63rd and Heard of the 114th: A RESOLUTION honoring the life and memory of Reverend Isaiah Eberhart; and for other purposes. HR 1207. By Representatives Keen of the 179th, Walker of the 107th, Jones of the 46th and Lindsey of the 54th: A RESOLUTION commending the 2009 Georgia Tech Yellow Jackets football team; and for other purposes. HR 1208. By Representatives Williams of the 89th, Mayo of the 91st, Mosby of the 90th, Henson of the 87th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Reverend Dr. Cynthia L. Hale; and for other purposes. HR 1209. By Representatives Graves of the 12th and Ralston of the 7th: A RESOLUTION commending Miss Erin Grizzle on winning the Miss United States Pageant; and for other purposes. HR 1210. By Representatives Marin of the 96th and Ehrhart of the 36th: A RESOLUTION commending the Boy Scouts of America program and recognizing February 8, 2010, as "Boy Scouts of America 100 Years of Scouting Day"; and for other purposes. THURSDAY, JANUARY 28, 2010 149 HR 1211. By Representatives Smith of the 113th, Black of the 174th, Smith of the 131st, McCall of the 30th, Purcell of the 159th and others: A RESOLUTION recognizing and commending all 4-H Clubs of Georgia and declaring February 8, 2010, as 4-H Day at the state capitol; and for other purposes. HR 1212. By Representatives Gardner of the 57th, Buckner of the 130th, Bell of the 58th, Franklin of the 43rd, Teilhet of the 40th and others: A RESOLUTION declaring February 3, 2010, as Psychology Day at the State Capitol and commending the Georgia Psychological Association and its members for dedicated service to the people of Georgia; and for other purposes. HR 1213. By Representatives Gardner of the 57th, Fullerton of the 151st, Reece of the 11th, Manning of the 32nd and Ashe of the 56th: A RESOLUTION recognizing and commending Optimist International; and for other purposes. HR 1214. By Representatives Beasley-Teague of the 65th, Long of the 61st, Taylor of the 55th, Dawkins-Haigler of the 93rd, Mangham of the 94th and others: A RESOLUTION honoring the life and memory of Mr. Norvie Les Beasley, Sr.; and for other purposes. HR 1215. By Representatives Beasley-Teague of the 65th, Long of the 61st, Taylor of the 55th, Dawkins-Haigler of the 93rd, Mangham of the 94th and others: A RESOLUTION recognizing and commending Reverend Walter Osborn; and for other purposes. HR 1216. By Representative Butler of the 18th: A RESOLUTION commending the School of Nursing at the University of West Georgia and recognizing January 28, 2010, as the University of West Georgia Day at the state capitol; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 1, 2010, 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 1, 2010. 150 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, February 1, 2010 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 Bell Benfield Benton Brooks Bruce Buckner E Burkhalter Burns E Butler Byrd Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis E Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dooley Dukes England Epps, C Epps, J Everson 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 Horne Houston E Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell Mayo McCall McKillip Meadows Millar Mills Mitchell E Morgan Mosby Murphy Neal Nix E O'Neal Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Randall Reece Rice Roberts Rogers Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R E Smith, T Smyre Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, 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, Bryant of the 160th, Carter of the 175th, Cole of the 125th, Dollar of the 45th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Howard of the 121st, Jordan of the 77th, Lucas of the 139th, May of the 111th, Morris of the 155th, Oliver of the 83rd, Porter of the 143rd, Powell of the 29th, Reese of the 98th, Rynders of the 152nd, Stephens of the 161st, Walker of the 107th, and Willard of the 49th. MONDAY, FEBRUARY 1, 2010 151 They wish to be recorded as present. Prayer was offered by Pastor Robby Gallaty, Brainerd Baptist Church, Chattanooga, Tennessee. 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 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; 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 152 JOURNAL OF THE HOUSE 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Committee on Small Business Development and Job Creation. HB 1024. By Representatives Scott of the 2nd, Graves of the 12th, Everson of the 106th, Peake of the 137th, Lindsey of the 54th and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Refund Act of 2010; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as 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. Referred to the Committee on Ways & Means. HB 1025. By Representative Keown of the 173rd: A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1026. By Representatives Weldon of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to MONDAY, FEBRUARY 1, 2010 153 extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1027. By Representatives Teilhet of the 40th, Porter of the 143rd, Benfield of the 85th, Oliver of the 83rd, Abrams of the 84th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 and Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for ethics in government and general provisions for conflicts of interest, respectively, so as to change provisions relating to membership on the State Ethics Commission; to provide the State Ethics Commission with jurisdiction to hear and investigate matters and issue orders relating to violations involving conflicts of interest; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th 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 general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1029. By Representatives Scott of the 153rd, Casas of the 103rd, Cox of the 102nd, Lane of the 167th and Byrd of the 20th: 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 abolish state income tax for corporations; to provide for the collection of prior income taxes; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 154 JOURNAL OF THE HOUSE Referred to the Committee on Ways & Means. HB 1030. By Representatives Cole of the 125th, Barnard of the 166th, Ramsey of the 72nd, Pruett of the 144th and Neal of the 1st: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated, so as to establish a community supervision division of the Department of Corrections which will be responsible for supervising probationers, parolees, and persons conditionally released; to provide for a director of the division; to reassign various functions from the State Board of Pardons and Paroles to the new division; to enlarge the Board of Corrections to include the chairman of the State Board of Pardons and Paroles; to change provisions in the "State-wide Probation Act" and provisions regarding the State Board of Pardons and Paroles; to provide for conformity; to amend the O.C.G.A. for purposes of conformity and to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1031. By Representatives Oliver of the 83rd, Mayo of the 91st, Mosby of the 90th, Millar of the 79th, Floyd of the 99th 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 statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1032. By Representatives Oliver of the 83rd, Floyd of the 99th, Benfield of the 85th and Gardner of the 57th: 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 rotation of the names of candidates in primaries and MONDAY, FEBRUARY 1, 2010 155 elections; to provide for procedures; 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 1033. By Representatives Teilhet of the 40th, Wix of the 33rd, Neal of the 1st, Ramsey of the 72nd, Gordon of the 162nd and others: A BILL to be entitled an Act to provide for a short title; to amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses or convicted of a felony and incarcerated in a state correctional facility, so as to provide for DNA analysis of persons arrested for felony offenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1034. By Representatives Scott of the 153rd and Powell of the 171st: A BILL to be entitled an Act to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to require the registration with the Secretary of State of the names and addresses of persons having responsibility for managing the business of limited partnerships and limited liability companies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1035. By Representatives Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to eliminate the exception for colleges offering driver training courses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. 156 JOURNAL OF THE HOUSE HB 1036. By Representatives Rice of the 51st and Powell of the 29th: A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the restoration of licenses to persons completing defensive driving courses, so as to authorize the Department of Driver Services to implement a pilot program to measure the effectiveness and security of online defensive driver courses; to provide for a report to the General Assembly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1037. By Representative Scott of the 153rd: 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 a portion of net long-term capital gains shall be excluded from state taxable income of corporations and individuals; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1038. By Representatives Lunsford of the 110th, Levitas of the 82nd, Channell of the 116th, Harbin of the 118th, Rogers of the 26th 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 physicians who provide indigent care services; to provide for definitions, procedures, 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 1039. By Representatives Buckner of the 130th, Smith of the 131st, Thomas of the 100th, Thompson of the 104th, Nix of the 69th and others: A BILL to be entitled an Act to amend Code Section 12-5-7 of the Official Code of Georgia Annotated, relating to local variances from state restrictions on outdoor watering, so as to provide a state-wide outdoor watering schedule MONDAY, FEBRUARY 1, 2010 157 during certain periods; to provide exceptions; to change certain designations and cross-references; to eliminate an automatic repeal provision; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1040. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1219. By Representatives Benfield of the 85th, Morgan of the 39th, Henson of the 87th, Drenner of the 86th, Bell of the 58th and others: A RESOLUTION urging the Georgia Department of Education and all school systems in Georgia to safeguard the rights of children under the age of 17 from military recruitment and to implement basic safeguards for the recruitment of 17-year-olds; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 997 HB 998 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 HB 1006 HB 1007 HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 158 JOURNAL OF THE HOUSE HB 1008 HB 1009 HB 1010 HB 1022 HR 1202 HR 1203 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 869 Do Pass, by Substitute 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 910 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 1, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 9th Legislative Day as enumerated below: MONDAY, FEBRUARY 1, 2010 159 DEBATE CALENDAR Open Rule HB 651 Sexual offenders; information to schools on accessing registry; revise certain provisions (JudyNC-Carter-175th) Modified Open Rule HB 926 Obligations of a bank; certain renewals or restructuring of loans; exempt (B&B-Mills-25th) 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/ Hembree of the 67th 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 306. By Senators Heath of the 31st, Harp of the 29th, Smith of the 52nd, Thompson of the 33rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, so as to exempt headsets connected to hands-free mobile communication devices; to provide for related 160 JOURNAL OF THE HOUSE matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 306. By Senators Heath of the 31st, Harp of the 29th, Smith of the 52nd, Thompson of the 33rd, Thomas of the 54th and others: A BILL to be entitled an Act to amend Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, so as to exempt headsets connected to hands-free mobile communication devices; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. The following members were recognized during the period of Morning Orders and addressed the House: Dempsey of the 13th, McKillip of the 115th, Murphy of the 120th, Maxwell of the 17th, Manning of the 32nd, and Heard of the 114th. 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 926. By Representatives Mills of the 25th, Maxwell of the 17th and Hill of the 21st: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: MONDAY, FEBRUARY 1, 2010 161 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver E O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Dawkins-Haigler of the 93rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. By unanimous consent, HB 926 was ordered immediately transmitted to the Senate. 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: 162 JOURNAL OF THE HOUSE 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. The report of the Committee, which was favorable to the 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 Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver E O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R E Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 1, 2010 163 Representative Dawkins-Haigler of the 93rd was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. House of Representatives Coverdell Legislative Office Building, Room 408 Atlanta, Georgia 30334 February 1, 2010 Mr. Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, GA 30334 Dear Mr. Rivers: Please note in the House Journal for today that I was away from my desk and asked to be recorded as voting "Yes" on HB 651 and HB 926. Sincerely /s/ DuBose Porter Minority Leader DP:kh The following Resolution of the House was read and adopted: HR 1236. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Lindsey of the 54th, Willard of the 49th and others A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, February 18, 2010, in the hall of the House of Representatives. 164 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice. BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice. BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. The following Resolution of the House was read and referred to the Committee on Rules: HR 1235. By Representative Keown of the 173rd: A RESOLUTION recognizing and commending Walter Reed Hadley, Jr. 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 1220. By Representatives Collins of the 27th, Mills of the 25th and Rogers of the 26th: A RESOLUTION recognizing and commending Ty McCormack on winning a Gold Medal at the USATF Junior Olympics National Cross Country Championships; and for other purposes. HR 1221. By Representatives Barnard of the 166th, Reece of the 11th and Day of the 163rd: A RESOLUTION recognizing and commending Lieutenant Mark Hambert; and for other purposes. HR 1222. By Representatives Holt of the 112th, Lunsford of the 110th and Collins of the 95th: A RESOLUTION honoring the life and memory of Mr. Otis Spillers; and for other purposes. MONDAY, FEBRUARY 1, 2010 165 HR 1223. By Representatives Stephens of the 164th, Parrish of the 156th, Channell of the 116th, Purcell of the 159th and Greene of the 149th: A RESOLUTION declaring February 2, 2010, as Food Service Industry Day at the state capitol and commending the food service industry of Georgia; and for other purposes. HR 1224. By Representatives Oliver of the 83rd, Mosby of the 90th and Benfield of the 85th: A RESOLUTION recognizing and commending Kaiser Permanente of Georgia and its Downtown Decatur Medical Office; and for other purposes. HR 1225. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Will Ledger Ross; and for other purposes. HR 1226. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Colby Isaac Smith; and for other purposes. HR 1227. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Cameron Parks Warnock; and for other purposes. HR 1228. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Hunter Evans Gay; and for other purposes. HR 1229. By Representative Harden of the 147th: A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fish and commending Mr. Phil Berryman, Mr. James Nance, Mr. Rusty Slade, Mr. Zach Wade, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. HR 1230. By Representatives Lindsey of the 54th and Willard of the 49th: A RESOLUTION recognizing and commending Ms. Rita A. Sheffey; and for other purposes. 166 JOURNAL OF THE HOUSE HR 1231. By Representatives Lindsey of the 54th and Willard of the 49th: A RESOLUTION recognizing and commending Mr. Terry Walsh; and for other purposes. HR 1232. By Representatives Williams of the 165th, Barnard of the 166th, Stephens of the 164th and Brooks of the 63rd: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Mary Hines Brown; and for other purposes. HR 1233. By Representatives Barnard of the 166th, Collins of the 95th and Day of the 163rd: A RESOLUTION recognizing and commending Corporal Eric Sanders; and for other purposes. HR 1234. By Representatives Neal of the 1st and Bryant of the 160th: A RESOLUTION declaring the week of March 8 through 14, 2010, as Georgia Census Week, and urging the residents of Georgia to participate completely in the United States 2010 Census to provide an accurate count of the population of Georgia in the 2010 decennial census; and for other purposes. The following communications were received: Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 27, 2010 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 1ST CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT 1ST 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 MONDAY, FEBRUARY 1, 2010 167 hereby called for the purpose of electing the member of the State Transportation Board from the 1st Congressional District. Such caucus will be held on Wednesday, February 17, 2010, at 4:00 P.M. The caucus will be held in the State Capitol Senate Chamber. Members of the Senate from those senatorial districts embraced or partly embraced within the 1st 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 1st 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 27, 2010 TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE 7TH CONGRESSIONAL DISTRICT RE: CAUCUS TO ELECT 7TH CONGRESSIONAL DISTRICT STATE TRANSPORTATION BOARD MEMBER Pursuant to the provisions of O.C.G.A. Section 32-2-20, the 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 7th Congressional District. Such caucus will be held on Wednesday, February 17, 2010, at 3:00 P.M. The caucus will be held in the State Capitol Senate Chamber. Members of the Senate from those senatorial districts embraced or partly embraced within the 7th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 7th Congressional District are eligible to participate in said caucus. 168 JOURNAL OF THE HOUSE Sincerely, /s/ Sewell R. Brumby Legislative Counsel SRB:dd Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 2, 2010 169 Representative Hall, Atlanta, Georgia Tuesday, February 2, 2010 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 Battles E Bearden E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner E Burkhalter Burns Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Dawkins-Haigler Dempsey Dickson Dobbs Dodson Dollar Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson E Hill, C Hill, C.A Holt Houston Howard E Hudson Hugley E Jackson Jacobs James Jerguson Johnson Jones, J E Jones, S Jordan Kaiser Keown Kidd Knight Knox Lane, B Lane, R Levitas Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Manning Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Reese Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Talton Teilhet Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Barnard of the 166th, Butler of the 18th, Cox of the 102nd, Crawford of the 16th, Davis of the 109th, Day of the 163rd, Dooley of the 38th, Fullerton of the 151st, Golick of the 34th, Horne of the 71st, Lindsey of the 54th, Mangham of the 94th, Marin of the 96th, Morris of the 155th, Rice of the 51st, Sinkfield of the 60th, Stephenson of the 92nd, and Taylor of the 55th. 170 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor David Jones, Glenn Memorial United Methodist 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 1041. By Representatives Epps of the 140th and Jackson of the 142nd: A BILL to be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of tax digests when property is in arbitration or on appeal, so as to eliminate certain conditions under which digests are not approved by the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. TUESDAY, FEBRUARY 2, 2010 171 HB 1042. By Representative Amerson of the 9th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1043. By Representatives Bearden of the 68th, Nix of the 69th, Powell of the 29th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to provide that the Public Service Commission shall adopt certain rules with respect to charges for natural gas used in a structure in which broilers, pullets, or other poultry are raised; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HB 1044. By Representative Greene of the 149th: A BILL to be entitled an Act to create a board of elections for Miller 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 officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1045. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. 172 JOURNAL OF THE HOUSE Referred to the Committee on Intragovernmental Coordination - Local. HB 1046. By Representatives Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project, so as to provide that the duration of the project shall be determined by a majority of the judges of the Superior Court of Fulton County; to eliminate provisions for a specific termination date; 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 1047. By Representatives Butler of the 18th, Roberts of the 154th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend Code Section 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, so as to provide for a minimum fine for impeding traffic flow; 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 1048. By Representatives McCall of the 30th, Anderson of the 117th, Roberts of the 154th and England of the 108th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that each conveyance of real property on which is located a residential or commercial structure shall require a certification that such structure has been inspected for termites and other wood-destroying organisms; to provide for delivery; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1049. By Representatives Stephens of the 164th, Abrams of the 84th, Wilkinson of the 52nd, Wix of the 33rd, Fludd of the 66th and others: TUESDAY, FEBRUARY 2, 2010 173 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 increments of less than 1 percent sales tax to be approved by local voter referendum and used to fund locally determined projects for the support and improvement of community cultural and other locally determined qualified projects supporting economic development within special local community support districts within the state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1050. By Representative Benton of the 31st: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1051. By Representative Butler of the 18th: 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 homestead option sales and use tax for educational purposes; 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1237. By Representatives Bearden of the 68th, Lunsford of the 110th, Kidd of the 141st, Jerguson of the 22nd, Benton of the 31st and others: 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 pursuant to law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 174 JOURNAL OF THE HOUSE Referred to the Committee on Governmental Affairs. HR 1238. By Representative Butler of the 18th: A RESOLUTION proposing an amendment to the Constitution so as to authorize a board of education to levy a homestead option sales and use tax for educational purposes; 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 Resolution of the House and Senate were read the second time: HB 1023 HB 1024 HB 1025 HB 1026 HB 1027 HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HR 1219 SB 306 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 1016 Do Pass Respectfully submitted, /s/ Golick of the 34th Chairman The following report of the Committee on Rules was read and adopted: TUESDAY, FEBRUARY 2, 2010 175 HOUSE RULES CALENDAR TUESDAY, FEBRUARY 2, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 10th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 219 Antifreeze; include aversive agent to render it unpalatable; provisions (Substitute)(JudyNC-Benton-31st) Modified Open Rule None Modified Structured Rule HB 905 HB 906 HB 907 HB 923 Quality Basic Education Act; capital outlay funds; provisions (Ed-Dickson6th) Elementary and secondary education; annual contracts; temporarily extend deadlines (Ed-Neal-1st) Quality Basic Education Act; organization of schools, programs, and scheduling; revise certain provisions (Ed-Casas-103rd) Quality Basic Education Act; salary schedules for certificated personnel; revise provisions (Ed-Neal-1st) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: 176 JOURNAL OF THE HOUSE Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1236. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Lindsey of the 54th, Willard of the 49th and others: 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: Wilkinson of the 52nd, Buckner of the 130th, Bruce of the 64th, Lindsey of the 54th, and Murphy of the 120th. 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 905. By Representatives Dickson of the 6th, Coleman of the 97th, Neal of the 1st, England of the 108th, Lindsey of the 54th and others: 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, 2015, 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 provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Crawford Y Davis Y Dawkins-Haigler E Heckstall Y Hembree Y Henson Y Manning Y Marin Y Martin Y Scott, A Y Scott, M Y Sellier TUESDAY, FEBRUARY 2, 2010 177 Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs Y James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 113th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representatives Collins of the 95th and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. HB 906. By Representatives Neal of the 1st, Coleman of the 97th, Lindsey of the 54th and Collins of the 95th: 178 JOURNAL OF THE HOUSE 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 report of the Committee, which was favorable to the 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 N Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns N Butler Y Byrd N Carter 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 N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner N Dukes N Ehrhart Y England Y 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 N Greene Y 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 N Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs Y James Y Jerguson N Johnson Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo N 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 Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield E Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Smith, T Y Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor N Teilhet Y Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 136, nays 33. The Bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 2, 2010 179 Representative Mangham of the 94th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Smith of the 113th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 907. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Kaiser of the 59th, Neal of the 1st 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 revise certain provisions relating to organization of schools, middle school programs, and scheduling; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Hugley E Jackson Y Jacobs Y James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight 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 Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield E Smith, B Y Smith, E Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard 180 JOURNAL OF THE HOUSE 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 Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 113th was excused on the preceding roll call. He 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 897 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 were taken up for consideration and read the third time: HB 923. By Representatives Neal of the 1st, Dickson of the 6th, Kaiser of the 59th and Collins of the 95th: A BILL to be entitled an Act to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to revise a provision relating to when an educator who has earned a leadership degree but is not in a leadership position may still be placed on the state salary schedule based on the leadership degree; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 2, 2010 181 The report of the Committee, which was favorable to the 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 N Harden, M N 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 E Jackson Y Jacobs Y James Y Jerguson Y Johnson Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 N 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 Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell 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 Y Sims, B Y Sims, C Y Sinkfield E Smith, B Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 158, nays 8. The Bill, having received the requisite constitutional majority, was passed. Representative Smith of the 113th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. 182 JOURNAL OF THE HOUSE HB 219. By Representatives Benton of the 31st, England of the 108th, Buckner of the 130th, Benfield of the 85th and Long of the 61st: 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. The following Committee substitute was read: A BILL TO BE ENTITLED AN ACT 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 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 "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 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 TUESDAY, FEBRUARY 2, 2010 183 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." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Jerguson of the 22nd moves to amend the Committee substitute to HB 219 as follows: line 19 - after word "vehicle" insert , as defined in Code section 40-1-1,. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Crawford N Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd N Franklin Y Frazier Y Fullerton E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs Y James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown 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 Parrish N Parsons Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw N Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet 184 JOURNAL OF THE HOUSE N Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox 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 Y Kidd Y Knight Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Peake Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts N Rogers Y Rynders Y Thomas Y Thompson VACANT Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 142, nays 25. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Due to a mechanical malfunction, the vote of Representative Porter of the 143rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1258. By Representatives Purcell of the 159th, Day of the 163rd, Stephens of the 164th, Stephens of the 161st, Bryant of the 160th and others: A RESOLUTION commemorating the 75th anniversary of the founding of Armstrong Atlantic State University and inviting President Linda M. Bleicken to be recognized by the House of Representatives; and for other purposes. HR 1259. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A RESOLUTION commending Columbia County Youth Leadership for its outstanding contribution to the community and inviting its members to appear before the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1239. By Representatives Amerson of the 9th, Keown of the 173rd, Byrd of the 20th, Levitas of the 82nd, Reese of the 98th and others: TUESDAY, FEBRUARY 2, 2010 185 A RESOLUTION commending Georgia's high-tech businesses for their efforts in making Georgia a leader in high-tech employment growth and recognizing February 10, 2010, as Technology Leadership Coalition's HighTech Day at the state capitol; and for other purposes. HR 1240. By Representatives Brooks of the 63rd, Morgan of the 39th, Smyre of the 132nd, Williams of the 165th, Mangham of the 94th and others: A RESOLUTION recognizing the month of February, 2010, as NAACP Month; and for other purposes. HR 1241. By Representatives Day of the 163rd and Chambers of the 81st: A RESOLUTION recognizing and commending the Chemistry Section of the Georgia Bureau of Investigation's (GBI) Division of Forensic Sciences on its receipt of the 2009 August Vollmer Excellence in Forensic Science Award; and for other purposes. HR 1242. By Representatives Purcell of the 159th, Day of the 163rd, Stephens of the 164th, Stephens of the 161st, Bryant of the 160th and others: A RESOLUTION commending the 75th anniversary of the founding of Armstrong Atlantic State University; and for other purposes. HR 1243. By Representatives Drenner of the 86th and Benfield of the 85th: A RESOLUTION recognizing and commending Mr. John C. Taylor; and for other purposes. HR 1244. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Lindsey of the 54th, Sheldon of the 105th and others: A RESOLUTION commending Jerry R. Griffin; and for other purposes. HR 1245. By Representatives Brooks of the 63rd, Lucas of the 139th, Heard of the 114th, Abrams of the 84th, McKillip of the 115th and others: A RESOLUTION recognizing and commending Ms. Roslyn "Pat" Jackson; and for other purposes. HR 1246. By Representatives Parsons of the 42nd, Manning of the 32nd, Wix of the 33rd, Johnson of the 37th, Ehrhart of the 36th and others: 186 JOURNAL OF THE HOUSE A RESOLUTION recognizing and commending Miss Cobb County 2010, Casy Walker; and for other purposes. HR 1247. By Representatives Lindsey of the 54th and Coan of the 101st: A RESOLUTION honoring the life and memory of Mr. Joe David Jackson; and for other purposes. HR 1248. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A RESOLUTION recognizing and commending Turner's Fine Furniture; and for other purposes. HR 1249. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION recognizing and commending the Valdosta State University Red Hots Dance Team on winning their second consecutive national championship; and for other purposes. HR 1250. By Representatives Mitchell of the 88th, Mosby of the 90th, Williams of the 89th and Dawkins-Haigler of the 93rd: A RESOLUTION recognizing and commending Vance Harper, owner of Nick's Barbershop, on the occasion of the barbershop's 20th anniversary; and for other purposes. HR 1251. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION recognizing and commending the Valdosta State University Coed Cheerleading Team on winning the National Cheerleading Association Open Division II competition; and for other purposes. HR 1252. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A RESOLUTION recognizing and commending the Honorable H. Arthur "Mac" McLane on the occasion of his retirement; and for other purposes. TUESDAY, FEBRUARY 2, 2010 187 HR 1253. By Representatives Burns of the 157th and Purcell of the 159th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Willie Tebeau; and for other purposes. HR 1254. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending Mrs. Myrna R. Turner on the occasion of her retirement; and for other purposes. HR 1255. By Representatives Parrish of the 156th, Lane of the 158th and Burns of the 157th: A RESOLUTION honoring the life and memory of Mr. George T. Jackson; and for other purposes. HR 1256. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Drew Parker on becoming an Eagle Scout; and for other purposes. HR 1257. By Representative Stephens of the 164th: A RESOLUTION recognizing February 23, 2010, as the Netherlands Day at the state capitol; 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. 188 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, February 3, 2010 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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Bell Benton Black Brooks Bryant Buckner Burkhalter Byrd Carter E Casas Chambers Channell Cheokas Coleman Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Day Dempsey Dickson Dodson Dooley Drenner Dukes Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Harden, B Harden, M Hatfield Heard E Heckstall Hembree E Henson E Hill, C Hill, C.A Horne Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd 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 E Parsons Peake Porter Powell, J Purcell Ramsey Randall Reece Reese Rice Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, R Stephenson Talton Teilhet Thomas Thompson Weldon Wilkinson E Willard Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Abrams of the 84th, Benfield of the 85th, Bruce of the 64th, Burns of the 157th, Butler of the 18th, Coan of the 101st, Dobbs of the 53rd, Dollar of the 45th, Ehrhart of the 36th, England of the 108th, Floyd of the 99th, Golick of the 34th, Hanner of the 148th, Harbin of the 118th, Holt of the 112th, Houston of the 170th, Howard of the 121st, Lucas of the 139th, Morris of the 155th, Powell of the 29th, Pruett of the 144th, Roberts of the 154th, Setzler of the 35th, Stephens of the 161st, Taylor of the 55th, Walker of the 107th, and Wix of the 33rd. WEDNESDAY, FEBRUARY 3, 2010 189 They wish to be recorded as present. Prayer was offered by Pastor Seth Bridger, Abundant Life Community Church, Pooler, 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. The following communication was received: House of Representatives Coverdell Legislative Office Building Room 504 Atlanta, Georgia 30334 February 3, 2010 Robbie Rivers Clerk of the House State Capitol Room 309 190 JOURNAL OF THE HOUSE Dear Robbie: I would appreciate it if you would record a "Yes" vote on the following bills for Tuesday, February 2, 2010: HB 219 HB 905 HB 906 HB 907 HB 923 Thank you for your help with this matter. Sincerely, /s/ Tom Tom Knox State Representative District 24 TK/jj By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees: HB 1052. By Representatives Walker of the 107th, Collins of the 27th, Everson of the 106th and Levitas of the 82nd: A BILL to be entitled an Act to amend Code Section 17-6-1.1 of the Official Code of Georgia Annotated, relating to electronic pretrial release and monitoring programs for defendants, so as to clarify certain provisions requiring a provider to act as surety for a bond when a person is released on electronic pretrial release and monitoring; to define a term; to provide for punishment if false information is given by a provider; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state WEDNESDAY, FEBRUARY 3, 2010 191 courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in 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 Judiciary. HB 1054. By Representatives Walker of the 107th, Butler of the 18th and Morris of the 155th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relative to public assistance, so as to provide that, subject to the approval of the United States Department of Agriculture, food stamp recipients may order eligible food items from nonprofit charitable organizations over the Internet; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd and Cole of the 125th: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; 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 1056. By Representatives Holt of the 112th, Lunsford of the 110th and Byrd of the 20th: A BILL to be entitled an Act to amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, so as to provide for the establishment of ad hoc legislative oversight panels to review constituent complaints regarding a county board of health; to provide for composition of the panel; to provide for officers and meetings; to provide for a quorum; to provide for hearings on complaints; to provide for a written recommendation to the Governor; to provide for the approval or disapproval of the recommendation; to provide for allowances for the members; to provide for related matters; to repeal conflicting laws; and for other purposes. 192 JOURNAL OF THE HOUSE Referred to the Committee on Health & Human Services. HB 1057. By Representatives Amerson of the 9th, Collins of the 27th and Willard of the 49th: A BILL to be entitled an Act to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, so as to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court; 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 1058. By Representatives Lane of the 158th, Hill of the 180th, Knight of the 126th, Barnard of the 166th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding seafood, so as to change certain provisions relating to possessing weakfish; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1060. By Representatives Stephens of the 164th, Williams of the 165th, Barnard of the 166th, Parrish of the 156th, O`Neal of the 146th and others: WEDNESDAY, FEBRUARY 3, 2010 193 A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to provide for the comprehensive revision of provisions regarding such authority; to change certain provisions regarding definitions; to change certain provisions regarding projects and facilities; to change certain provisions regarding powers of such authority; to change certain provisions regarding revenue bonds; to change certain provision regarding fees, rentals, and charges; to change certain provisions regarding operational duties; to change certain provision regarding status, investment, sale, and reinvestment of moneys; 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 1061. By Representatives Butler of the 18th, Walker of the 107th, Roberts of the 154th, Sheldon of the 105th and Rice of the 51st: A BILL to be entitled an Act to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to enact the "Trauma Care Expansion Act of 2010"; to exempt hospitals which have been designated as a Level I or II trauma center by the Department of Community Health from certificate of need requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1062. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Abrams of the 84th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1063. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Abrams of the 84th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), so 194 JOURNAL OF THE HOUSE as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1064. By Representatives Stephens of the 161st, Gordon of the 162nd, Williams of the 89th, Bryant of the 160th, Talton of the 145th 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 the age of mandatory education; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1065. By Representatives Fludd of the 66th, Buckner of the 130th, Thomas of the 100th, McKillip of the 115th and Benfield of the 85th: 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 state sales and use taxes, so as to provide a temporary reduction in the amount of certain sales and use tax exemptions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1066. By Representatives Fludd of the 66th, Buckner of the 130th, Thomas of the 100th, McKillip of the 115th and Benfield of the 85th: 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 a temporary, additional income tax surcharge on certain income; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1067. By Representatives Fludd of the 66th, Buckner of the 130th, Thomas of the 100th, McKillip of the 115th and Benfield of the 85th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions WEDNESDAY, FEBRUARY 3, 2010 195 regarding income taxes, so as to provide a temporary reduction in the aggregate amount of certain income tax credits; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1068. By Representatives Fludd of the 66th, Buckner of the 130th, Thomas of the 100th, McKillip of the 115th and Benfield of the 85th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding income taxes, so as to provide a temporary reduction in the amount of certain income tax credits; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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, 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 1070. By Representatives Hugley of the 133rd, Randall of the 138th and Morgan of the 39th: A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting the Alpha Kappa Alpha sorority in its efforts to provide academic scholarships for Georgia students; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. 196 JOURNAL OF THE HOUSE HB 1071. By Representatives Harden of the 28th, Rice of the 51st, Powell of the 29th, Bearden of the 68th, Yates of the 73rd 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 a limitation on the amount charged for motor vehicle registration records; to establish the frequency of updates of motor vehicle registration records that must be provided; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 1041 HB 1042 HB 1043 HB 1044 HB 1045 HB 1046 HB 1047 HB 1048 HB 1049 HB 1050 HB 1051 HR 1237 HR 1238 The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 3, 2010 WEDNESDAY, FEBRUARY 3, 2010 197 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 916 Retirement ages; nullify application for retirement; provisions (RetMaxwell-17th) 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/ Hembree of the 67th 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 296. By Senator Seabaugh of the 28th: 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 rename the Office of 198 JOURNAL OF THE HOUSE Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content; 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 296. By Senator Seabaugh of the 28th: 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 rename the Office of Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. SB 319. By Senators Staton of the 18th, Douglas of the 17th, Goggans of the 7th, Grant of the 25th, Harp of the 29th and others: A BILL to be entitled an Act to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks for elementary and secondary education, so as to require the definition of "textbook" to include computer hardware and technical equipment necessary to support the use of nonprint or digital content; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. WEDNESDAY, FEBRUARY 3, 2010 199 The following members were recognized during the period of Morning Orders and addressed the House: Gardner of the 57th, Carter of the 175th, Peake of the 137th, Benfield of the 85th, Cooper of the 41st, and Purcell of the 159th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1261. By Representative Martin of the 47th: A RESOLUTION recognizing and commending Mr. Gordon Beckham and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1261 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1261. By Representative Martin of the 47th: A RESOLUTION recognizing and commending Mr. Gordon Beckham and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolution of the House was read: HR 1262. By Representatives Keen of the 179th, Rynders of the 152nd and Ralston of the 7th 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 2010 regular session of the General Assembly for the period of Monday, February 8, 2010, through Tuesday, March 2, 2010, shall be as follows: 200 JOURNAL OF THE HOUSE Monday, February 8 ................................................................ in session for legislative day 14 Tuesday, February 9 ................................................................ in session for legislative day 15 Wednesday, February 10 ......................................................... in session for legislative day 16 Thursday, February 11 ............................................................ in session for legislative day 17 Friday, February 12 through Monday, February 15 ................ in adjournment Tuesday, February 16 .............................................................. in session for legislative day 18 Wednesday, February 17 ......................................................... in session for legislative day 19 Thursday, February 18 ............................................................ in session for legislative day 20 Friday, February 19 through Monday, February 22 ................ in adjournment Tuesday, February 23 .............................................................. in session for legislative day 21 Wednesday, February 24 ......................................................... in session for legislative day 22 Thursday, February 25 ............................................................ in session for legislative day 23 Friday, February 26 through Monday, March 1 ...................... in adjournment Tuesday, March 2 .................................................................... in session for legislative day 24 BE IT FURTHER RESOLVED that on and after March 2, 2010, the periods of adjournment of the 2010 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 E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Knight Y Knox Y Manning Y Marin Martin Y Maxwell May Y Mayo McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Nix Y Oliver Y O'Neal Y Parrish E Parsons Y Peake Y Porter Y Powell, A Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT WEDNESDAY, FEBRUARY 3, 2010 201 E Casas 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 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, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution was adopted. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs: HB 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 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. 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 916. By Representatives Maxwell of the 17th, Benton of the 31st and Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, so as to provide that if a retiring employee has not reached normal retirement age on the date of retirement and returns to any paid service, his or her application for retirement shall be nullified; to provide that certain service as an independent contractor shall 202 JOURNAL OF THE HOUSE not result in a suspension of retirement 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: 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter E 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish E Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 167, nays 1. The Bill, having received the requisite constitutional majority, was passed. WEDNESDAY, FEBRUARY 3, 2010 203 House of Representatives Atlanta, Georgia 30334 This version of HB 916 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 916. /s/ Bobby Franklin Representative, District 43 The following Resolutions of the House were read and referred to the Committee on Rules: HR 1289. By Representatives Powell of the 29th, Ralston of the 7th and Shaw of the 176th: A RESOLUTION recognizing and commending Georgia's rural hospitals and HomeTown Health and inviting representatives of HomeTown Health to be recognized by the House of Representatives; and for other purposes. HR 1290. By Representatives Parrish of the 156th, Stephens of the 164th, Jones of the 46th, Ralston of the 7th, Keen of the 179th and others: A RESOLUTION recognizing February 12, 2010, as Hungary Day at the state capitol and inviting Ambassador of Hungary Bla Szombati to be recognized by the House of Representatives; and for other purposes. HR 1291. By Representatives Byrd of the 20th, Greene of the 149th, Everson of the 106th, Dollar of the 45th and Lunsford of the 110th: A RESOLUTION commending Chinese Minister Xie Feng 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 1260. By Representatives Benfield of the 85th, Ashe of the 56th, Jones of the 46th, Coan of the 101st, Smith of the 70th and others: 204 JOURNAL OF THE HOUSE A RESOLUTION commending Georgia's dedicated and talented Female athletes and recognizing February 3, 2010, as Girls and Women in Sports Day; and for other purposes. HR 1263. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Brett Reynolds; and for other purposes. HR 1264. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Stacey Barber; and for other purposes. HR 1265. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Mary Shepherd; and for other purposes. HR 1266. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Allen Gambrell; and for other purposes. HR 1267. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant James R. Roberts, Jr.; and for other purposes. HR 1268. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant David Ray; and for other purposes. HR 1269. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Zac Frye; and for other purposes. HR 1270. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Katelyn Moore; and for other purposes. WEDNESDAY, FEBRUARY 3, 2010 205 HR 1271. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Samantha Holden; and for other purposes. HR 1272. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Belinda B. Lawrence; and for other purposes. HR 1273. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Joseph M. Lanier; and for other purposes. HR 1274. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Toni Terwilliger; and for other purposes. HR 1275. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Shanna Taylor; and for other purposes. HR 1276. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant DeAnna T. Moore; and for other purposes. HR 1277. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Candy L. Powers; and for other purposes. HR 1278. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Wendy Michelle Ahrens; and for other purposes. HR 1279. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Heather Jones Cook; and for other purposes. 206 JOURNAL OF THE HOUSE HR 1280. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Tommy Craft; and for other purposes. HR 1281. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Barbara Moore; and for other purposes. HR 1282. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Eric Carlyle, PhD; and for other purposes. HR 1283. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Dr. Sonji Leach; and for other purposes. HR 1284. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Gloria W. Mason; and for other purposes. HR 1285. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Anna Gambrell; and for other purposes. HR 1286. By Representative Parrish of the 156th: A RESOLUTION commending Leadership Emanuel participant Cindy Phillips; and for other purposes. HR 1287. By Representatives Keen of the 179th and Cheokas of the 134th: A RESOLUTION commending student leaders of the Georgia Institute of Technology and recognizing February 9, 2010, as Georgia Institute of Technology Day at the state capitol; and for other purposes. HR 1288. By Representatives Murphy of the 120th, Ralston of the 7th, Porter of the 143rd, Smyre of the 132nd, Howard of the 121st and others: WEDNESDAY, FEBRUARY 3, 2010 207 A RESOLUTION honoring the life and memory of the Honorable John H. Ruffin, Jr.; 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 Health & Human Services: 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. Representative Hatfield of the 177th District, Vice-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 896 Do Pass, by Substitute HB 898 Do Pass Respectfully submitted, /s/ Hatfield of the 177th Vice-Chairman 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. 208 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, February 4, 2010 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 E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis E Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner E Harbin Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson E Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk E Lunsford Maddox, B Maddox, G Mangham Manning Marin E Martin Maxwell May E Mayo McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Porter Powell, A Powell, J Purcell Ramsey E Randall Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Abdul-Salaam of the 74th, Bearden of the 68th, Cole of the 125th, Gardner of the 57th, Hudson of the 124th, James of the 135th, Jordan of the 77th, Lucas of the 139th, Millar of the 79th, Morris of the 155th, Peake of the 137th, Stephenson of the 92nd, and Walker of the 107th. THURSDAY, FEBRUARY 4, 2010 209 They wish to be recorded as present. Prayer was offered by Dr. Wimbley Hale, Jr., Andrews Chapel United Methodist Church, Jonesboro, 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 1073. By Representatives Meadows of the 5th, Bryant of the 160th, Yates of the 73rd, Hanner of the 148th, Holt of the 112th 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 provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the 210 JOURNAL OF THE HOUSE transmission of blank absentee ballots to uniformed and overseas voters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1074. By Representatives Meadows of the 5th, Day of the 163rd, Martin of the 47th, Maddox of the 127th, Collins of the 27th 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 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 provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1075. By Representatives Fludd of the 66th, Ramsey of the 72nd, Abdul-Salaam of the 74th, Yates of the 73rd and Jordan of the 77th: A BILL to be entitled an Act to authorize the City of Fayetteville 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 1076. By Representatives Dodson of the 75th, Shaw of the 176th, Stephens of the 164th, Hudson of the 124th and Baker of the 78th: 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 repeal provisions relating to the licensing of residential and general contractors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. THURSDAY, FEBRUARY 4, 2010 211 HB 1077. By Representatives Fludd of the 66th, Stephens of the 164th and Mosby of the 90th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to increase the excise tax on motor fuel; to provide for an income tax credit for qualified motor fuel expenses; to provide for a definition; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1078. By Representatives Baker of the 78th, Glanton of the 76th, Powell of the 171st, Dodson of the 75th and Epps of the 140th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for juvenile proceedings, so as to provide that a retired juvenile court judge may perform marriage ceremonies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1080. 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 creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes. 212 JOURNAL OF THE HOUSE Referred to the Committee on Intragovernmental Coordination - Local. HB 1081. By Representatives Brooks of the 63rd, Talton of the 145th, Mangham of the 94th, Abdul-Salaam of the 74th, Williams of the 89th and others: A BILL to be entitled an Act to amend Code Section 17-15-7 of the Official Code of Georgia Annotated, relating to persons eligible for awards under the Georgia Crime Victims Emergency Fund, so as to define a certain term; to provide that eligible persons may file a claim with the board when a cold case is reopened or when a convicted offender seeks post-conviction relief; to provide for compensation; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1082. By Representatives Powell of the 171st, Lindsey of the 54th, Williams of the 4th, Black of the 174th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding applications for, waiver of, denial of, renewal of, and granting of freeport exemptions; to provide for level 1 and level 2 freeport exemptions; to provide for applicability to business inventory; 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 1083. By Representatives Wilkinson of the 52nd and Willard of the 49th: 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 revise provisions relative to members of the General Assembly who fail to file state income tax returns or are defaulters for state income taxes; to provide that upon a report of noncompliance by the state revenue commissioner, the member in question shall cooperate with the investigation of the matter and shall execute a limited power of attorney authorizing the state revenue commissioner to release certain information concerning the member; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. THURSDAY, FEBRUARY 4, 2010 213 HB 1084. By Representatives Williams of the 165th, Dickson of the 6th, James of the 135th, Mitchell of the 88th, Lane of the 158th and others: A BILL to be entitled an Act to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a license to operate a barbershop may be granted to mobile barbershops under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1085. By Representatives Dempsey of the 13th, Manning of the 32nd, Peake of the 137th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding reunification of family, so as to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children in the custody of the Division of Family and Children Services of the Department of Human Services; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. HB 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1087. By Representatives Long of the 61st, Geisinger of the 48th, Benfield of the 85th, Buckner of the 130th, Allison of the 8th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, so as to provide collective emissions limitations for facilities emitting 214 JOURNAL OF THE HOUSE pentachlorophenol near primary and secondary schools; to provide for penalties for noncompliance with such emissions limitations; to provide that compliance shall not alter the obligation to comply with other laws or regulations; to provide a definition of the term "pentachlorophenol"; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1088. By Representatives Black of the 174th, Roberts of the 154th, Burns of the 157th, McCall of the 30th, James of the 135th 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 taxation, so as to extend the sunset or termination date for the exemption for fuel used in a structure in which swine are raised; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1089. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and 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. HB 1090. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, so as to abolish the Georgia Agrirama Development Authority; to provide that Abraham Baldwin Agricultural College shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for THURSDAY, FEBRUARY 4, 2010 215 employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1292. By Representatives Marin of the 96th, Harbin of the 118th, Fludd of the 66th and Mitchell of the 88th: A RESOLUTION urging Congress to pass H.R. 3171, the "Bridging Bank to Recovery Act"; and for other purposes. Referred to the Committee on Banks & Banking. HR 1293. By Representatives Dodson of the 75th, Shaw of the 176th, Powell of the 29th, Stephens of the 164th, Hudson of the 124th and others: A RESOLUTION creating the Joint House and Senate Study Committee on the Licensure of Residential and General Contractors; and for other purposes. Referred to the Committee on Regulated Industries. HR 1294. By Representatives Reese of the 98th, Mills of the 25th, Walker of the 107th, Loudermilk of the 14th, Scott of the 2nd and others: A RESOLUTION commending the investigative work of the United States Department of Defense following the shootings at Fort Hood Military Base in Texas and urging Secretary of the Army John McHugh to include the unborn child of a victim as one of the homicides committed on November 5, 2009, and charge Major Nidal Malik Hasan accordingly; and for other purposes. Referred to the Committee on Judiciary. HR 1295. By Representative Meadows of the 5th: A RESOLUTION honoring the service of Lance Cpl. Kristopher Cody Warren and dedicating a highway in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1296. By Representative Meadows of the 5th: A RESOLUTION honoring the Goswick family and dedicating a bridge in their honor; and for other purposes. 216 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. By unanimous consent, the following Bills of the House and Senate were read the second time: HB 1052 HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058 HB 1059 HB 1060 HB 1061 HB 1062 HB 1063 HB 1064 HB 1065 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 SB 296 SB 319 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 62 Do Pass, by Substitute HB 883 Do Pass, by Substitute HB 1048 Do Pass Respectfully submitted, /s/ McCall of the 30th Chairman Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: THURSDAY, FEBRUARY 4, 2010 217 HR 1106 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Hamilton of the 23rd 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 122 HB 478 HB 665 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ Hamilton of the 23rd 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 249 HB 960 HB 969 Do Pass, by Substitute Do Pass Do Pass, by Substitute HB 974 Do Pass HB 997 Do Pass Respectfully submitted, /s/ Maxwell of the 17th Chairman The following report of the Committee on Rules was read and adopted: 218 JOURNAL OF THE HOUSE HOUSE RULES CALENDAR THURSDAY, FEBRUARY 4, 2010 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 54 HB 486 Georgia Judicial Retirement System; survivors' benefits; provisions (RetLunsford-110th) Superior Court Clerks' Retirement Fund of Georgia; not entitled credit for service after July 1, 2010; provisions (Ret-Meadows-5th) 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/ Hembree of the 67th 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: THURSDAY, FEBRUARY 4, 2010 219 SB 315. By Senators Smith of the 52nd, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; 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 315. By Senators Smith of the 52nd, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Unterman of the 45th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for the enactment of the "Uniform Emergency Volunteer Health Practitioners Act"; to provide for definitions; to provide for applicability to volunteer health practitioners; to provide for regulation of volunteer health practitioners during an emergency; to provide for registration systems; to provide for recognition of volunteer health practitioners licensed in other states; to provide that there shall be no effect on credentialing and privileging; to provide for the provision of volunteer health services or veterinary services; to provide for relation to other laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Budget and Fiscal Affairs Oversight and referred to the Committee on Information and Audits: 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 220 JOURNAL OF THE HOUSE 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. The following members were recognized during the period of Morning Orders and addressed the House: Carter of the 175th, Epps of the 140th, Cooper of the 41st, Day of the 163rd, Hugley of the 133rd, Marin of the 96th, Powell of the 29th, and Mangham of the 94th. The following Resolution of the House was read and referred to the Committee on Rules: HR 1298. By Representatives Smyre of the 132nd, Bruce of the 64th, Ashe of the 56th, Gardner of the 57th, Bell of the 58th and others: A RESOLUTION recognizing and commending Dr. Elridge W. McMillan and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1165 Do Pass HR 1258 Do Pass HR 1298 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1165. By Representative Maddox of the 172nd: A RESOLUTION recognizing February 4, 2010, 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 1258. By Representatives Purcell of the 159th, Day of the 163rd, Stephens of the 164th, Stephens of the 161st, Bryant of the 160th and others: A RESOLUTION commemorating the 75th anniversary of the founding of Armstrong Atlantic State University and inviting President Linda M. THURSDAY, FEBRUARY 4, 2010 221 Bleicken to be recognized by the House of Representatives; and for other purposes. HR 1298. By Representatives Smyre of the 132nd, Bruce of the 64th, Ashe of the 56th, Gardner of the 57th, Bell of the 58th and others: A RESOLUTION recognizing and commending Dr. Elridge W. McMillan and inviting him to be recognized by the House of Representatives; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1262. By Representatives Keen of the 179th, Rynders of the 152nd and Ralston of the 7th: A RESOLUTION relative to adjournment; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 222 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 Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Henson E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 E Martin Y Maxwell Y May E Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Hudson of the 124th 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 486. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd: THURSDAY, FEBRUARY 4, 2010 223 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. The report of the Committee, which was favorable to the 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Martin Y Maxwell Y May E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E 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 Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 224 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed. 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. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1323. By Representative Maddox of the 172nd: A RESOLUTION recognizing and commending Dr. Larry Corry and inviting him to appear before the House of Representatives; and for other purposes. HR 1324. By Representatives Coan of the 101st, Sheldon of the 105th and Coleman of the 97th: A RESOLUTION congratulating the Collins Hill High School softball team on winning the 2009 Class AAAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes. HR 1325. By Representatives Everson of the 106th and Dempsey of the 13th: A RESOLUTION recognizing and commending the Rome Judicial Circuit and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1326. By Representatives Everson of the 106th, Collins of the 95th and Mangham of the 94th: A RESOLUTION recognizing and commending Dr. Stephen Boyle and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1327. By Representatives Coan of the 101st, Sheldon of the 105th and Coleman of the 97th: A RESOLUTION congratulating the Collins Hill High School wrestling team on winning the 2009 Class AAAAA State Championship and inviting the team to be recognized by the House of Representatives; and for other purposes. THURSDAY, FEBRUARY 4, 2010 225 HR 1328. By Representatives Sellier of the 136th and James of the 135th: A RESOLUTION commending the Georgia Peach Festival and inviting the 2010 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. HR 1329. By Representatives Sellier of the 136th and James of the 135th: A RESOLUTION congratulating the Peach County High School football team on winning the 2009 Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1297. By Representative Cooper of the 41st: A RESOLUTION commending Georgia Physicians and recognizing February 4, 2010, as Patient-Centered Physician Coalition of Georgia Day at the state capitol; and for other purposes. HR 1302. By Representative Cooper of the 41st: A RESOLUTION recognizing February 5, 2010, as "National Wear Red Day" at the state capitol; and for other purposes. HR 1303. By Representative Allison of the 8th: A RESOLUTION recognizing and commending James E. and Kaye Hames Coker on the occasion of their 40th wedding anniversary; and for other purposes. HR 1304. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Vivian Hamp Griffin; and for other purposes. HR 1305. By Representatives Brooks of the 63rd, Smyre of the 132nd, Dukes of the 150th, Abdul-Salaam of the 74th, Williams of the 89th and others: A RESOLUTION honoring the life and memory of Mrs. Mary A. Moss Young Cummings; and for other purposes. 226 JOURNAL OF THE HOUSE HR 1306. By Representatives Brooks of the 63rd, Murphy of the 120th, Frazier of the 123rd, Smith of the 122nd and Howard of the 121st: A RESOLUTION honoring the life and memory of Mr. Robert Howard; and for other purposes. HR 1307. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Beverly W. Calhoun; and for other purposes. HR 1308. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Narvell Glover Lowe; and for other purposes. HR 1309. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mrs. Margaret L. Berry; and for other purposes. HR 1310. By Representative Benton of the 31st: A RESOLUTION commending Mr. James H. Bryan, Jefferson High School's 2010 STAR Teacher; and for other purposes. HR 1311. By Representative Benton of the 31st: A RESOLUTION commending Mr. Michael Brown, Commerce Middle School's 2010 STAR Teacher; and for other purposes. HR 1312. By Representative Benton of the 31st: A RESOLUTION commending Clara Logue, Jefferson High School's 2010 STAR Student; and for other purposes. HR 1313. By Representative Benton of the 31st: A RESOLUTION commending Joseph Sanders, Commerce High School's 2010 STAR Student; and for other purposes. THURSDAY, FEBRUARY 4, 2010 227 HR 1314. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Mr. Dave Cuddy; and for other purposes. HR 1315. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Mrs. Stephanie Ring; and for other purposes. HR 1316. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION honoring the life and memory of Mr. Luke Allgood; and for other purposes. HR 1317. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A RESOLUTION recognizing and commending the 2010 class of Leadership Sandy Springs; and for other purposes. HR 1318. By Representatives Wilkinson of the 52nd, Geisinger of the 48th and Lindsey of the 54th: A RESOLUTION recognizing and commending Dr. Stephen M. McCollam; and for other purposes. HR 1319. By Representatives England of the 108th and Benton of the 31st: A RESOLUTION honoring Master James William "Jamee" Thomas on the occasion of his high school graduation; and for other purposes. HR 1320. By Representatives Coan of the 101st, Sheldon of the 105th and Coleman of the 97th: A RESOLUTION recognizing and commending Peachtree Ridge High School on its designation as a 2009 Georgia School of Excellence; and for other purposes. HR 1321. By Representatives Coan of the 101st, Sheldon of the 105th and Coleman of the 97th: 228 JOURNAL OF THE HOUSE A RESOLUTION recognizing and commending Kayla Floor; and for other purposes. HR 1322. By Representatives Coan of the 101st, Sheldon of the 105th and Coleman of the 97th: A RESOLUTION recognizing and commending Nicky Akande; and for other purposes. Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 908 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th 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 542 Do Pass, by Substitute Respectfully submitted, /s/ Maxwell of the 17th Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: THURSDAY, FEBRUARY 4, 2010 229 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 703 Do Pass, by Substitute HB 980 Do Pass HB 1011 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 963 Do Pass HB 991 Do Pass HB 1028 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 9:00 o'clock, tomorrow morning. 230 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Friday, February 5, 2010 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 communication was received: House of Representatives State Capitol, Room 245 Atlanta, Georgia 30334 February 5, 2010 Robert E. Rivers, Clerk 309 State Capitol Atlanta, Georgia 30334 Dear Mr. Clerk: I respectfully request to be excused for February 5, 2010. Sincerely /s/ Earl Ehrhart District 36 The roll was called and the following Representatives answered to their names: Abrams Allison Amerson Anderson Ashe Austin Baker E Barnard Battles Bearden E Beasley-Teague Bell Benton Black Brooks Bruce Bryant Davis Dawkins-Haigler Day Dempsey Dickson E Dobbs Dodson Dollar Dooley Drenner Dukes England Epps, J Everson Fludd Franklin Frazier Heard E Heckstall Hembree E Henson E Hill, C Holt Houston E Hudson Hugley Jackson E James Jerguson E Jones, J Kaiser Keen Keown Kidd Manning Marin E Martin Maxwell May Mayo E McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver Rogers Rynders Scott, A Sellier Setzler Shaw E Sheldon E Sims, B Sims, C E Sinkfield Smith, B Smith, E Smith, K Smith, R Smyre Stephens, M Talton FRIDAY, FEBRUARY 5, 2010 231 E Buckner Burns Carter E Casas Chambers Channell Coan Coleman Collins, D Collins, T Cooper Crawford Fullerton Gardner Geisinger Glanton E Gordon Graves Hamilton Hanner Harbin Harden, B Harden, M Hatfield Knight Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford E Maddox, B Maddox, G E Mangham O'Neal Parrish Parsons Peake Porter Powell, J Purcell Ramsey Randall Reese Rice Roberts Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Benfield of the 85th, Burkhalter of the 50th, Byrd of the 20th, Butler of the 18th, Cheokas of the 134th, Cox of the 102nd, Epps of the 128th, Floyd of the 99th, Golick of the 34th, Greene of the 149th, Hill of the 180th, Horne of the 71st, Howard of the 121st, Jacobs of the 80th, Johnson of the 37th, Jones of the 44th, Jordan of the 77th, Knox of the 24th, Millar of the 79th, Morris of the 155th, Powell of the 29th, Pruett of the 144th, Reece of the 11th, Scott of the 2nd, Smith of the 168th, Smith of the 70th, Stephenson of the 92nd, Taylor of the 55th, and Teilhet of the 40th. They wish to be recorded as present. Prayer was offered by Dr. 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. 232 JOURNAL OF THE HOUSE 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1091. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that licensees for the retail package sales of malt beverages and wine only shall be subject to regulation as to distances from churches, schools, and colleges by counties and municipalities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1092. By Representatives Cole of the 125th, Peake of the 137th, Epps of the 140th, Sellier of the 136th, Lucas of the 139th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing board for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the board to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; 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 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: FRIDAY, FEBRUARY 5, 2010 233 A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and 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 1094. By Representatives Smith of the 70th, Ramsey of the 72nd, England of the 108th, Manning of the 32nd, Lindsey of the 54th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th: 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 permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of the medical examiner's inquiry and the coroner's investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. 234 JOURNAL OF THE HOUSE HB 1096. By Representatives Austin of the 10th, Rynders of the 152nd, Harden of the 28th and Allison of the 8th: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distribution of certain unidentifiable sales and use tax proceeds so as to revise and change the provisions regarding distribution authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1097. By Representatives Dollar of the 45th, Stephens of the 164th, Wilkinson of the 52nd, Lindsey of the 54th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year and other matters, so as to provide requirements for the start date of a school year; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1098. By Representative McKillip of the 115th: A BILL to be entitled an Act to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to definitions; to change certain provisions relating to standards and requirements as to sale of milk and milk products generally, labeling, and sale of ungraded milk, raw whole milk, and condensed or evaporated milk; to provide for sales of raw whole milk directly to consumers; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1099. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Ashe of the 56th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a phase in on the dedication of a portion of the state sales and use tax on motor fuels to transportation purposes; to provide for an exemption from the cap on the imposition of local sales and use taxes; to provide for definitions; FRIDAY, FEBRUARY 5, 2010 235 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 Ways & Means. HB 1100. By Representatives Casas of the 103rd, Setzler of the 35th, Morgan of the 39th, Lindsey of the 54th, Austin of the 10th 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 require the State Board of Education to include a growth model as a primary factor in its calculation of adequate yearly growth; to assign annual individual school ratings for each public school in this state for academic performance on designated tests; to establish thresholds for measurement of performance; to replace the Georgia High School Graduation Test with end-of-course assessments for graduation purposes beginning in the 2010-2011 school year; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1101. By Representatives Coan of the 101st, Marin of the 96th, Smith of the 129th, Horne of the 71st, Dawkins-Haigler of the 93rd 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 provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Self-insurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Self-insurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1102. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption from state sales and use tax only for a limited period of time regarding the sale or use of tangible personal property 236 JOURNAL OF THE HOUSE to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; 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 1105. By Representatives Channell of the 116th, Mills of the 25th, Rogers of the 26th, Stephens of the 164th, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to FRIDAY, FEBRUARY 5, 2010 237 provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1299. By Representatives Bryant of the 160th, Gordon of the 162nd, Stephens of the 161st, Stephens of the 164th, Day of the 163rd and others: A RESOLUTION recognizing the accomplishments and public service of Andy Quinney and dedicating an overpass in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1300. By Representatives Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Ashe of the 56th, Murphy of the 120th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that 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 transportation purposes; to authorize the General Assembly to appropriate and direct the use of such funds by general law; to provide for the formation of special transportation districts and authorize the levy of a regional local option transportation sales and use tax if approved by referendum; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1301. By Representatives Cole of the 125th, Smith of the 122nd and Sims of the 119th: A RESOLUTION honoring the life of H.G. "T" Fulcher and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1073 HB 1074 HB 1085 HB 1086 238 JOURNAL OF THE HOUSE HB 1075 HB 1076 HB 1077 HB 1078 HB 1079 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084 HB 1087 HB 1088 HB 1089 HB 1090 HR 1292 HR 1293 HR 1294 HR 1295 HR 1296 SB 315 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 959 HB 961 HB 964 HB 1010 Do Pass Do Pass Do Pass Do Pass HB 1025 HB 1042 HB 1044 HB 1045 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, FEBRUARY 5, 2010 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 FRIDAY, FEBRUARY 5, 2010 239 Modified Open Rule None Modified Structured Rule HB 910 Gender discrimination; Department of Education; annual gender equality reporting; remove requirements (Substitute)(Ed-Maxwell-17th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 959. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 961. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for submission of this 240 JOURNAL OF THE HOUSE 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 964. By Representative Lane of the 167th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh 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 1010. By Representatives Greene of the 149th, Hanner of the 148th, 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), as amended, 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1025. By Representatives Keown of the 173rd and Black of the 174th: A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 5, 2010 241 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1042. By Representative Amerson of the 9th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1044. By Representative Greene of the 149th: A BILL to be entitled an Act to create a board of elections for Miller 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 officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1045. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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: 242 JOURNAL OF THE HOUSE E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Ashe Y Austin Y Baker E Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson E Dobbs Y Dodson Y Dollar Y Dooley Drenner Y Dukes Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Golick E 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford E Maddox, B Maddox, G E 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 Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall 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 Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bills, the ayes were 143, nays 0. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 235. By Senators Pearson of the 51st, Rogers of the 21st, Smith of the 52nd and Tolleson of the 20th: FRIDAY, FEBRUARY 5, 2010 243 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. SB 324. By Senators Grant of the 25th, Douglas of the 17th, Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; 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 235. By Senators Pearson of the 51st, Rogers of the 21st, Smith of the 52nd and Tolleson of the 20th: 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. SB 324. By Senators Grant of the 25th, Douglas of the 17th, Murphy of the 27th, Crosby of the 13th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Code Section 35-8-7 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Peace Officer Standards and Training Council generally, so as to clarify the authority of the council to impose administrative fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 244 JOURNAL OF THE HOUSE Referred to the Committee on Public Safety and Homeland Security. The following members were recognized during the period of Morning Orders and addressed the House: Smith of the 113th, Long of the 61st, Scott of the 153rd, and Stephens of the 164th. 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 910. By Representatives Maxwell of the 17th, Coleman of the 97th, Neal of the 1st, Dickson of the 6th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition of gender discrimination, so as to remove requirements on the Department of Education relating to annual gender equity reporting; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition against gender discrimination, so as to revise requirements relating to annual gender equity reporting; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-315 of the Official Code of Georgia Annotated, relating to the prohibition against gender discrimination, is amended by revising subsection (j) as follows: "(j) No later than October 1, 2003, and every year thereafter, the The Department of Education shall submit a publish an annual report to the General Assembly regarding the compliance of local school systems with the requirements of this Code section. Such report shall to include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due FRIDAY, FEBRUARY 5, 2010 245 on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003." 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 E Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson E Dobbs Y Dodson 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 Golick E 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford E Maddox, B Y Maddox, G E 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 Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 E Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Stephens, R Y Stephenson Y Talton Y Taylor Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 246 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Murphy of the 120th was not recorded on 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 "aye" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1343. By Representatives Smith of the 113th, Holt of the 112th, Levitas of the 82nd, Amerson of the 9th, Keen of the 179th and others: A RESOLUTION declaring February 16, 2010, as Georgia Academy of Audiology Day at the state capitol and inviting representatives from the Georgia Academy of Audiology to be recognized by the House of Representatives; and for other purposes. HR 1344. By Representatives Parrish of the 156th, Morris of the 155th, Barnard of the 166th, Porter of the 143rd, Jackson of the 142nd and others: A RESOLUTION commending Ms. Michelle Smith Lank and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1345. By Representatives Everson of the 106th, Sims of the 119th, Murphy of the 120th, Frazier of the 123rd, Howard of the 121st and others: A RESOLUTION recognizing and commending the 2008 Child Fatality Review Committee of the Year from Richmond County and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1346. By Representatives Smith of the 113th, Keen of the 179th, McKillip of the 115th, Black of the 174th and Jones of the 46th: A RESOLUTION recognizing and commending Coach Suzanne Yoculan and inviting her to be recognized by the House of Representatives; and for other purposes. FRIDAY, FEBRUARY 5, 2010 247 HR 1347. By Representatives Smith of the 113th, Keen of the 179th, Burkhalter of the 50th, Jerguson of the 22nd, Lindsey of the 54th and others: A RESOLUTION recognizing and commending Mr. John Calvin Portman, Jr., and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1348. By Representatives Smith of the 70th and Horne of the 71st: A RESOLUTION recognizing the 2009-2010 Eagle Scouts of Troop 47 from Newnan, Georgia, and inviting them to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1330. By Representatives Abdul-Salaam of the 74th, Williams of the 89th, Brooks of the 63rd, Baker of the 78th, Jordan of the 77th and others: A RESOLUTION recognizing and commending Georgia Citizens' Coalition on Hunger and the Up & Out of Poverty Now! Coalition on the occasion of the 30th Anniversary of Poor People's Day at the state capitol; and for other purposes. HR 1331. By Representatives Wix of the 33rd, Teilhet of the 40th, Johnson of the 37th, Parsons of the 42nd, Golick of the 34th and others: A RESOLUTION commending Mr. David Hankerson for his outstanding public service; and for other purposes. HR 1332. By Representatives Dempsey of the 13th, Smith of the 70th, Anderson of the 117th, Shaw of the 176th, Harden of the 28th and others: A RESOLUTION commending the Partnership for Health and Accountability; and for other purposes. HR 1333. By Representatives Shaw of the 176th, Parrish of the 156th, Channell of the 116th, Stephens of the 164th, Buckner of the 130th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 17, 2010, as Rural Health Day at the State Capitol; and for other purposes. 248 JOURNAL OF THE HOUSE HR 1334. By Representatives Lindsey of the 54th and Dobbs of the 53rd: A RESOLUTION recognizing and commending James Grady Russell; and for other purposes. HR 1335. By Representative Cole of the 125th: A RESOLUTION recognizing and commending Grits Caf in Forsyth, Georgia; and for other purposes. HR 1336. By Representatives Smith of the 113th, Williams of the 178th, Burkhalter of the 50th, Keen of the 179th, McKillip of the 115th and others: A RESOLUTION congratulating Ms. Courtney Kupets on being named Collegiate Woman Athlete of the Year; and for other purposes. HR 1337. By Representatives Abdul-Salaam of the 74th and Brooks of the 63rd: A RESOLUTION recognizing and commending Dr. Carolyn McAdams English; and for other purposes. HR 1338. By Representatives Wix of the 33rd, Teilhet of the 40th, Johnson of the 37th, Parsons of the 42nd, Golick of the 34th and others: A RESOLUTION recognizing and commending Mr. Rob Garcia; and for other purposes. HR 1339. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th and Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mr. George Clark; and for other purposes. HR 1340. By Representative Brooks of the 63rd: A RESOLUTION honoring the life and memory of Mr. Marvin "Lefty" Jones; and for other purposes. HR 1341. By Representatives Stephens of the 164th, Parrish of the 156th and Channell of the 116th: A RESOLUTION recognizing the National Health Museum; and for other purposes. FRIDAY, FEBRUARY 5, 2010 249 HR 1342. By Representatives Holt of the 112th and Smith of the 113th: A RESOLUTION honoring the life and memory of Mr. Roy Carlton Womack; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 1:00 o'clock, P.M., Monday, February 8, 2010, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 1:00 o'clock, P.M., Monday, February 8, 2010. 250 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, February 8, 2010 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Abrams Allison Amerson Anderson E Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Bell Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter E Casas Chambers Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis Day Dempsey Dickson E Dobbs Dodson Dollar Dooley Drenner E 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 Hill, C Hill, C.A Holt Horne Houston Hudson Hugley Jackson E James Jerguson Johnson Jones, J E Jones, S Jordan Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Manning Marin E Martin Maxwell May Mayo E McCall McKillip Meadows Millar Mills Mitchell Morris Murphy Neal Nix E Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Purcell Ramsey Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K E Smith, L Smith, R Smith, T Stephens, M Stephens, R Talton Teilhet Thomas Thompson Walker E Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Benfield of the 85th, Cole of the 125th, Dawkins-Haigler of the 93rd, Golick of the 34th, Henson of the 87th, Howard of the 121st, Jacobs of the 80th, Lucas of the 139th, Lunsford of the 110th, Mosby of the 90th, Pruett of the 144th, Smyre of the 132nd, Stephenson of the 92nd, Taylor of the 55th, and Willard of the 49th. MONDAY, FEBRUARY 8, 2010 251 They wish to be recorded as present. Prayer was offered by Pastor Randall Williams, First Baptist Church of Cartersville, Cartersville, 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 1106. By Representative Maddox of the 172nd: 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 that animal shelters and similar facilities shall scan animals for microchips prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; to repeal conflicting laws; and for other purposes. 252 JOURNAL OF THE HOUSE Referred to the Committee on Agriculture & Consumer Affairs. HB 1107. By Representatives Knox of the 24th, Willard of the 49th, Abrams of the 84th, Everson of the 106th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Code Section 42-8-111 of the Official Code of Georgia Annotated, relating to court ordered installation of ignition interlock devices, so as to require installation of such devices upon a first conviction of violating Code Section 40-6-391 within five years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1108. By Representatives Williams of the 89th, Smith of the 113th, Holt of the 112th, Ashe of the 56th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony 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 change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1109. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to acquisition and disposition of property, so as to authorize municipal corporations to grant conservation easements; to define certain terms; 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 1110. By Representatives Loudermilk of the 14th, Casas of the 103rd, Allison of the 8th, Weldon of the 3rd, Levitas of the 82nd and others: MONDAY, FEBRUARY 8, 2010 253 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 prohibit local board of education members from being employed by the local school system for a period of one year; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1111. By Representatives Ramsey of the 72nd, Cole of the 125th, Lindsey of the 54th, Pruett of the 144th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions relative to restrictions and prohibitions on membership in public retirement or pension systems, so as to provide that unlawful acts relating to state mandatory uniform assessments shall be included in the definition of "public employment related crime" relating to retirement benefits; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1112. By Representatives Glanton of the 76th, Everson of the 106th, Sellier of the 136th, Hugley of the 133rd, Williams of the 165th and others: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion for certain military retirement income; to provide for procedures, conditions, and limitations; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1113. By Representatives Williams of the 89th, Smith of the 113th, Holt of the 112th, Ashe of the 56th, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school; to provide for related matters; to repeal conflicting laws; and for other purposes. 254 JOURNAL OF THE HOUSE Referred to the Committee on Judiciary Non-Civil. HB 1114. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, so as to provide for the Student Teen Election Participant program; 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 1115. By Representatives Rogers of the 26th and Williams of the 4th: A BILL to be entitled an Act to amend Code Section 8-2-23 of the Official Code of Georgia Annotated, relating to adoption and revision of state minimum standard codes for buildings, housing, and other matters, so as to provide that small businesses shall be authorized to provide drinking water by means of a water cooler or provision of bottled water as an alternative to any otherwise required drinking fountain; to direct the adoption of an appropriate code amendment by the Department of Community Affairs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Human Relations & Aging. HB 1116. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding the General Assembly, so as to provide that it shall be unlawful for any member of the General Assembly to receive compensation of any kind or anything of value, either directly or indirectly, from any political subdivision located in whole or in part in the House or Senate district which such member represents; to provide that it shall be unlawful for any political subdivision to employ or pay compensation of any kind or anything of value, either directly or indirectly, to any member of the General Assembly whose House or Senate district includes such political subdivision in whole or in part; to provide an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. MONDAY, FEBRUARY 8, 2010 255 HB 1117. By Representatives Harbin of the 118th and Powell of the 29th: 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 an executive director for the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the powers and responsibilities of such executive director; to provide for funding for the board; to provide for certain reports; to provide for the employment of staff; to provide for certain contracts; to provide for the assessment of performance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1118. By Representatives Weldon of the 3rd, Willard of the 49th, Allison of the 8th, Loudermilk of the 14th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to change provisions relating to review procedures for IV-D agency support orders; to provide for definitions; to clarify terms regarding IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1119. By Representatives Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rynders of the 152nd and Kaiser of the 59th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a short title; to provide for legislative findings and purposes; to provide for the development and implementation of an arthritis prevention and control program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1120. By Representatives Stephens of the 164th, Channell of the 116th, Peake of the 137th, Meadows of the 5th, Abrams of the 84th 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 state sales and use tax only for a 256 JOURNAL OF THE HOUSE limited period of time regarding the sale or use of tangible personal property to certain nonprofit health centers; to provide for an exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to extend the sunset or termination date of the exemption for certain qualified nonprofit job training organizations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1121. By Representatives Ramsey of the 72nd, Cole of the 125th, Lindsey of the 54th, Pruett of the 144th, Levitas of the 82nd and others: 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 under the "Quality Basic Education Act," so as to provide that tampering with state assessments shall be a misdemeanor; to specify unlawful acts; to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide for cumulative remedies; to amend Code Section 45-11-1 of the Official Code of Georgia Annotated, relating to offenses involving public records, documents, and other items, so as to provide for cumulative remedies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1091 HB 1092 HB 1093 HB 1094 HB 1095 HB 1096 HB 1097 HB 1098 HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HR 1299 HR 1300 HR 1301 SB 235 SB 324 Representative Sims of the 169th District, Chairman of the Committee on Information and Audits, submitted the following report: MONDAY, FEBRUARY 8, 2010 257 Mr. Speaker: Your Committee on Information and Audits 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 831 Do Pass Respectfully submitted, /s/ Sims of the 169th Chairman Representative Horne of the 71st District, Vice-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 1030 Do Pass, by Substitute Respectfully submitted, /s/ Horne of the 71st Vice-Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, FEBRUARY 8, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None 258 JOURNAL OF THE HOUSE Modified Open Rule HB 859 Probationer duties; tolling of probated sentences; clarify provisions (Substitute)(JudyNC-Golick-34th) Modified Structured Rule HB 1016 Identity fraud; include businesses as potential identity theft victims; revise (JudyNC-Golick-34th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 283. By Senators Heath of the 31st, Murphy of the 27th, Hooks of the 14th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2010, shall be eligible for membership in the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 8, 2010 259 SB 287. By Senators Hill of the 32nd and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that, when a person reports that his or her instructional permit or driver's license has been stolen or forged, the department shall issue a replacement permit or license with a new number; to provide that the number of the stolen or forged license shall be either removed from the data base of valid permits and licenses or the number in the data base shall be marked as having been reported stolen or forged and no longer valid; 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 283. By Senators Heath of the 31st, Murphy of the 27th, Hooks of the 14th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2010, shall be eligible for membership in the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 287. By Senators Hill of the 32nd and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that, when a person reports that his or her instructional permit or driver's license has been stolen or forged, the department shall issue a replacement permit or license with a new number; to provide that the number of the stolen or forged license shall be either removed from the data base of valid permits and licenses or the number in the data base shall be marked as having been reported stolen or forged and no longer valid; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. 260 JOURNAL OF THE HOUSE The following members were recognized during the period of Morning Orders and addressed the House: Williams of the 165th, Williams of the 89th, Drenner of the 86th, and Sims of the 119th. 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 859. By Representatives Golick of the 34th and Setzler of the 35th: 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising subsection (a) as follows: "(a)(1) Any other provision of this article to the contrary notwithstanding, it 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. (2) The running of a probated sentence shall be tolled upon: (A) The failure of a probationer to report to his or her probation supervisor as directed or failure to appear in court for a probation revocation hearing; either of MONDAY, FEBRUARY 8, 2010 261 such failures may be evidenced by an affidavit from the probation supervisor setting forth such failure; or (B) The filing of 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)(3) The effective date of the tolling of the sentence shall be the date the court enters a tolling order and shall continue In addition to the provisions of paragraph (1) of this subsection, if the probation supervisor submits an affidavit to the court stating that a probationer has absconded and cannot be found, the running of the probated sentence shall be suspended effective on the date such affidavit is submitted to the court and continuing until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court. (4) Any tolled 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 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 Y Abrams Y Allison Y Amerson Y Anderson E Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner E Dukes 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 Manning Y Marin Y Martin Y Maxwell Y May N Mayo McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B N Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K 262 JOURNAL OF THE HOUSE Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper 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 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 Y Jones, J E Jones, S Y Jordan Kaiser Y Keen Y Keown Y Kidd 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 Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1016. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to identity fraud, so as to revise a term so as to include businesses as potential identity theft victims; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo McCall Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B MONDAY, FEBRUARY 8, 2010 263 Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dodson Y Dollar Y Dooley Y 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 Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson Y Jones, J E Jones, S Y Jordan Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed. The following Resolutions of the House were read and adopted: HR 1352. By Representatives Epps of the 140th and Cole of the 125th: A RESOLUTION recognizing and commending Sheriff Robert N. Butch Reece; and for other purposes. HR 1353. By Representatives Dooley of the 38th, Manning of the 32nd, Wix of the 33rd, Johnson of the 37th and Morgan of the 39th: A RESOLUTION recognizing and commending Coach James "Friday" Richards; and for other purposes. HR 1354. By Representatives Hugley of the 133rd, Randall of the 138th, Morgan of the 39th, Smyre of the 132nd, Epps of the 128th and others: 264 JOURNAL OF THE HOUSE A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 15, 2010; and for other purposes. HR 1355. By Representatives Coleman of the 97th, Battles of the 15th, Purcell of the 159th, Maxwell of the 17th, Millar of the 79th and others: A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing February 23, 2010, as "PAGE Day on Capitol Hill"; and for other purposes. HR 1356. By Representatives Houston of the 170th, Rynders of the 152nd, Fullerton of the 151st and Dukes of the 150th: A RESOLUTION recognizing the Hasan Shriners Barbeque Festival as a qualifier for the Jack Daniels BBQ Championship competition; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed. The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning. TUESDAY, FEBRUARY 9, 2010 265 Representative Hall, Atlanta, Georgia Tuesday, February 9, 2010 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 Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter Chambers Channell Cheokas Coan Coleman Collins, T Cooper Cox Crawford Dawkins-Haigler Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson E Hill, C Holt Horne Houston Hugley Jackson Jacobs James Jerguson Johnson Jones, J E Jones, S Kaiser Keown Kidd Lane, B Lane, R Levitas Lindsey Long Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May Mayo E McCall McKillip Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix E Oliver O'Neal Parrish E Parsons Peake Porter Powell, A Powell, J Purcell Ramsey Randall Rice Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Talton Taylor Teilhet E Thomas Thompson E Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Byrd of the 20th, Casas of the 103rd, Davis of the 109th, Day of the 163rd, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hill of the 180th, Hudson of the 124th, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Knox of the 24th, Meadows of the 5th, Pruett of the 144th, Reece of the 11th, Reese of the 98th, Roberts of the 154th, Sinkfield of the 60th, Stephenson of the 92nd, Walker of the 107th, and Wix of the 33rd. 266 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Eric Wendel Lee, Sr., Springfield Baptist Church, Conyers, 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 900. By Representatives Levitas of the 82nd, Willard of the 49th, Millar of the 79th, Gardner of the 57th, Dobbs of the 53rd 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 change the composition of the Board of Directors; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. TUESDAY, FEBRUARY 9, 2010 267 HB 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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 1124. By Representative Marin of the 96th: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, so as to require persons convicted to have an ignition interlock device installed; to amend Code Section 42-8-111 of the Official Code of Georgia Annotated, relating to court ordered installation of ignition interlock devices, so as to make it applicable to all convictions for driving under the influence of alcohol; 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 1125. By Representatives Stephens of the 164th, Roberts of the 154th, O`Neal of the 146th, Battles of the 15th, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a program of tax refunds for companies creating new tourism attractions; to provide for a short title; to provide for definitions; to provide for legislative findings; to provide for conditions of eligibility and approval; to 268 JOURNAL OF THE HOUSE provide for agreements; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of economic development and the Department of Economic Development and the governing authorities of counties and municipalities; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 1126. By Representatives Barnard of the 166th, Martin of the 47th, Willard of the 49th, Golick of the 34th, Horne of the 71st and others: A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1127. By Representatives Scott of the 2nd, Rynders of the 152nd and Neal of the 1st: A BILL to be entitled an Act to amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the "OneGeorgia Authority Act," so as to provide that for the purposes of determining eligibility for all programs administered by the authority, any county in this state that shares a geographic boundary with one and only one other county in this state shall be deemed also to touch the next closest county in addition to the county with which it shares a geographic boundary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. HB 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to TUESDAY, FEBRUARY 9, 2010 269 writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1129. By Representatives Parsons of the 42nd, Rice of the 51st, Mills of the 25th, Martin of the 47th, Scott of the 2nd and others: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1130. By Representatives Benton of the 31st, Lindsey of the 54th, Maxwell of the 17th, England of the 108th, Coleman of the 97th 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 suspend under certain conditions certain laws and requirements relating to maximum class size; to require a hearing; to provide for accountability; to provide for statutory construction; to provide for automatic repeal of such 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 Education. HB 1131. By Representatives Henson of the 87th, Mosby of the 90th, Bruce of the 64th, Abrams of the 84th, Benfield of the 85th and others: A BILL to be entitled an Act to amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to the "War on Terrorism Local Assistance Act," so as to express legislative intent; to repeal certain provisions requiring referenda and prohibiting the activation of a joint public 270 JOURNAL OF THE HOUSE safety and judicial facilities authority under certain circumstances; to provide that certain public safety and judicial facilities authorities shall be subject to a resolution and referendum process for the issuance of bonds; 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 1132. By Representatives Benfield of the 85th, Henson of the 87th, Dobbs of the 53rd, Morgan of the 39th and Drenner of the 86th: 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 eliminate criterion-referenced competency tests in grades one and two; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1134. By Representatives Willard of the 49th, Ramsey of the 72nd, Pruett of the 144th and Hamilton of the 23rd: 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 enact the "State and Local Public-Private Partnership Act of 2010"; to state legislative findings and intent that certain state and local government programs, services, and activities may be carried out and delivered with greater efficiency or at a reduced cost through public-private partnerships; to provide for implementation through an office and an advisory council; to provide for TUESDAY, FEBRUARY 9, 2010 271 powers and duties of the office in encouraging and facilitating state and local partnership initiatives; to provide for elements of partnership initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1135. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to contracting powers of the Department of Transportation, so as to authorize the department to enter into multiyear contracts subject to certain terms and conditions; to provide that any such contract shall terminate at the close of each fiscal year and may be renewed only by positive action of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1349. By Representative Cole of the 125th: A RESOLUTION honoring the accomplishments and public service of the Honorable Hugh D. Sosebee and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1350. By Representatives Williams of the 4th, Dickson of the 6th, Ralston of the 7th, Weldon of the 3rd and Meadows of the 5th: A RESOLUTION honoring the life and memory of Mr. Dual Broadrick and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1351. By Representatives Brooks of the 63rd, Lunsford of the 110th, Heard of the 114th, Abdul-Salaam of the 74th, Williams of the 165th and others: A RESOLUTION creating the House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; and for other purposes. Referred to the Special Committee on Small Business Development and Job Creation. 272 JOURNAL OF THE HOUSE HR 1357. By Representative Stephens of the 164th: A RESOLUTION requesting that the Congress of the United States adopt legislation that would postpone the United States Environmental Protection Agency's effort to regulate greenhouse gases through the Clean Air Act; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Bills of the House and Senate were read the second time: HB 1106 HB 1107 HB 1108 HB 1109 HB 1110 HB 1111 HB 1112 HB 1113 HB 1114 HB 1115 HB 1116 HB 1117 HB 1118 HB 1119 HB 1120 HB 1121 SB 283 SB 287 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 report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 9, 2010 Mr. Speaker and Members of the House: TUESDAY, FEBRUARY 9, 2010 273 The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HB 896 HB 898 HB 908 Continuances; witness on active duty; change provisions (Substitute)(JudyNC-Collins-27th) Driving under the influence; notice of conviction publication; change provisions (JudyNC-Collins-27th) Quality Basic Education Act; expenditures, class size, additional days, salary; temporarily suspend (Substitute)(Ed-Casas-103rd) Structured Rule HB 963 Ad valorem tax; returns of taxable real property; change certain provisions (W&M-O`Neal-146th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman The following members were recognized during the period of Morning Orders and addressed the House: Williams of the 89th, Glanton of the 76th, Benton of the 31st, Frazier of the 123rd McKillip of the 115th, Hamilton of the 23rd, and Cheokas of the 134th. 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 Agriculture & Consumer Affairs: 274 JOURNAL OF THE HOUSE HB 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; to provide for penalties; 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 896. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Yates of the 73rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, so as to change provisions relating to a continuance in a speedy trial demand case involving a witness who is on active duty as a member of the National Guard or component of the armed forces of the United States; 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 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, so as to change provisions relating to a continuance in a speedy trial demand case involving a witness who is on active duty as a member of the National Guard or component of the armed forces of the United States; 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 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances, is amended by revising subsection (c) of Code Section 17-8-31, relating to grounds for granting of continuances in certain cases involving certain military personnel, as follows: "(c) In cases in which a demand for speedy trial has been filed in accordance with Code Section 17-7-170 or 17-7-171, the court shall grant the continuance if the party TUESDAY, FEBRUARY 9, 2010 275 moving for a continuance pursuant to subsection (b) of this Code section establishes by testimony, affidavits, or other evidence that: (1) The witness is material and necessary; (2) The witness is located outside the territorial limits of the this state; (3) The party has submitted a request to the proper military authorities for the testimony of the witness in accordance with Section 301 of Title 5 of the United States Code and federal regulations or directives issued by the armed forces pursuant thereto witness has been activated to military duty; and (4) The witness will not be available within the time limits prescribed by Code Section 17-7-170 or 17-7-171. This continuance shall toll the running of the demand for speedy trial and shall continue the trial until the witness is released from active duty or the military makes the witness available to testify. If the witness only becomes available to testify within the last two weeks of the term of court in which the case must be tried, the case may be tried at the next succeeding term of court." SECTION 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 Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Crawford Davis Y Dawkins-Haigler Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish E Parsons Y Peake Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Teilhet E Thomas 276 JOURNAL OF THE HOUSE Y Byrd Y Carter 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 Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Davis of the 109th, Day of the 163rd, Knox of the 24th, Mangham of the 94th, Rice of the 51st, Smith of the 113th, 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. House of Representatives Atlanta, Georgia 30334 While I appreciate the intent behind HB 896, the 6th Amendment to the United States Constitution will have to be repealed in order to allow for its legal enactment. /s/ Bobby Franklin HB 898. By Representatives Collins of the 27th, Hamilton of the 23rd, Allison of the 8th, Maddox of the 127th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change provisions relating to the contents of the publication of the notice of conviction for persons convicted for the second or subsequent time; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read: Representative Scott of the 153rd moves to amend HB 898 by striking lines 20 and 21 and inserting in lieu thereof the following: TUESDAY, FEBRUARY 9, 2010 277 photograph taken by the arresting law enforcement agency at the time of arrest, the name and address of the convicted person, the city, county, and zip code of the convicted person's residential address, and the date, time, place of arrest, and disposition of the. 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 E Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Cooper Y Cox Crawford Davis N Dawkins-Haigler Y Day Dempsey Dickson Y Dobbs Y Dodson Y Dollar N Dooley Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Golick N Gordon Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard E Heckstall Y Hembree Henson E 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 Y Jones, J Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight 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 N Martin Y Maxwell Y May N Mayo E McCall N McKillip Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish E Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey N Randall Y Reece Y Reese Rice Y Roberts N Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton N Taylor Teilhet E Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the amendment, the ayes were 113, nays 38. The amendment was adopted. 278 JOURNAL OF THE HOUSE Representatives Rice of the 51st, Smith of the 113th, 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 N Mayo E McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Parrish E Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell 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 Y Sims, B Y Sims, C N Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, as amended, the ayes were 152, nays 8. The Bill, having received the requisite constitutional majority, was passed, as amended. TUESDAY, FEBRUARY 9, 2010 279 Representatives Rice of the 51st, Smith of the 113th, 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. HB 963. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding returns of taxable real property; to change certain provisions regarding affidavit requirements for the homestead exemption from ad valorem taxes for educational purposes for persons 62 years of age or older whose income does not exceed $10,000.00; 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk 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 Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E 280 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y 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 Y Mangham Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Neal of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. House of Representatives Atlanta, Georgia 30334 This version of HB 963 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 963. /s/ Bobby Franklin Representative, District 43 HB 908. By Representatives Casas of the 103rd, Coleman of the 97th, Maxwell of the 17th, Neal of the 1st, 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 suspend certain laws and requirements relating to expenditure controls, minimum direct classroom expenditures, maximum class size, additional days of instruction, and salary schedules; to provide for statutory construction; to provide for automatic repeal of such 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: 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 temporarily waive certain TUESDAY, FEBRUARY 9, 2010 281 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. 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 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 2010-2011, 2011-2012, and 2012-2013 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 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, 2013." SECTION 2. 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 282 JOURNAL OF THE HOUSE 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 2010-2011, 2011-2012, and 2012-2013 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, 2013." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Porter of the 143rd arose to ask unanimous consent that the rules be suspended in order that HB 908 be redesignated on the Rules Calendar as "Open Rule." The Speaker did not recognize him for that purpose. 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 Y Baker Y Barnard Y Battles N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B TUESDAY, FEBRUARY 9, 2010 283 Y Bearden N Beasley-Teague N Bell Y Benfield Y Benton Black N Brooks Y Bruce N Bryant N Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd N Fludd Y Franklin Y Frazier N 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 Y Heard N Hugley Y Jackson Y Jacobs Y James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Mangham Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor N Teilhet Y Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 137, nays 34. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cooper of the 41st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The following Resolution of the House was read and referred to the Committee on Rules: HR 1383. By Representatives Walker of the 107th and May of the 111th: A RESOLUTION congratulating the Loganville High School wrestling team on winning the 2009 State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. 284 JOURNAL OF THE HOUSE The following Resolutions of the House were read and adopted: HR 1362. By Representative Ralston of the 7th: A RESOLUTION commending the Boy Scouts of America program on the occasion of its 100th anniversary; and for other purposes. HR 1363. By Representatives Stephens of the 164th, Channell of the 116th, Parrish of the 156th, Houston of the 170th and Sheldon of the 105th: A RESOLUTION recognizing February 11, 2010, as "Community Health Centers Day"; and for other purposes. HR 1364. By Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th, Dobbs of the 53rd and Abrams of the 84th: A RESOLUTION recognizing Saturday, March 27, 2010, from 8:30 P.M. to 9:30 P.M., as Earth Hour; and for other purposes. HR 1365. By Representatives Stephens of the 164th, Bryant of the 160th, Purcell of the 159th, Gordon of the 162nd and Stephens of the 161st: A RESOLUTION recognizing and commending the Chatham County Commission, the Savannah Economic Development Authority, and Imperial Sugar for their partnership and cooperative efforts in incentivizing and expediting the rebuilding of one of the State of Georgia's oldest employers; and for other purposes. HR 1366. By Representatives Hill of the 180th, Smith of the 168th and Keen of the 179th: A RESOLUTION recognizing and commending Mr. Wilson Burford Clark, Jr.; and for other purposes. HR 1367. By Representatives Collins of the 27th, Hamilton of the 23rd, Cox of the 102nd, Maddox of the 127th, Everson of the 106th and others: A RESOLUTION recognizing and commending Hayden Jordan; and for other purposes. HR 1368. By Representatives Stephens of the 164th, Bryant of the 160th, Purcell of the 159th, Gordon of the 162nd and Stephens of the 161st: TUESDAY, FEBRUARY 9, 2010 285 A RESOLUTION recognizing February 23, 2010, as the Netherlands Day at the state capitol; and for other purposes. HR 1369. By Representative Maxwell of the 17th: A RESOLUTION commending Mount Nebo United Methodist Church on the occasion of its 150th anniversary; and for other purposes. HR 1370. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Mrs. Denise Backus; and for other purposes. HR 1371. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Mr. Alan Kennedy; and for other purposes. HR 1372. By Representatives Benton of the 31st and McCall of the 30th: A RESOLUTION recognizing and commending Luke Derochers; and for other purposes. HR 1373. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION commending McKennah Curry on her selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes. HR 1374. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION commending Eddie Shultz on his selection by the Georgia Art Education Association for Gilbert Elementary School; and for other purposes. HR 1375. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION commending Philip Michael Jones on his selection by the Georgia Art Education Association for La Fayette High School; and for other purposes. 286 JOURNAL OF THE HOUSE HR 1376. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION commending Emma Abel on her selection by the Georgia Art Education Association for La Fayette High School 11th grade; and for other purposes. HR 1377. By Representative Cox of the 102nd: A RESOLUTION recognizing the contributions of senior Georgians and declaring the week of February 23, 2010, as Senior Week at the state capitol; and for other purposes. HR 1378. By Representative Cox of the 102nd: A RESOLUTION recognizing and commending Noah William Shapiro; and for other purposes. HR 1379. By Representative Cox of the 102nd: A RESOLUTION recognizing and commending Evan Marshall Rope; and for other purposes. HR 1380. By Representative Cox of the 102nd: A RESOLUTION recognizing NBA Hall of Famer Dominique Wilkins as Georgia's Diabetes Ambassador; and for other purposes. HR 1381. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Dobbs of the 53rd, Chambers of the 81st and others: A RESOLUTION recognizing Georgia Perimeter College and the Atlanta Center for Civic Engagement and Service Learning; and for other purposes. HR 1382. By Representatives Davis of the 109th, Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th, Mayo of the 91st and others: A RESOLUTION honoring the life and memory of Mr. Jack Elkins; and for other purposes. Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: TUESDAY, FEBRUARY 9, 2010 287 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 867 Do Pass, by Substitute Respectfully submitted, /s/ Neal of the 1st Secretary Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1000 Do Pass, by Substitute HB 1058 Do Pass Respectfully submitted, /s/ Lane of the 158th Chairman Representative Hamilton of the 23rd 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 1092 Do Pass, by Substitute Respectfully submitted, /s/ Hamilton of the 23rd Chairman Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: 288 JOURNAL OF THE HOUSE 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 382 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. WEDNESDAY, FEBRUARY 10, 2010 289 Representative Hall, Atlanta, Georgia Wednesday, February 10, 2010 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 Bell Benton Black Brooks E Bruce Bryant Buckner Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Dawkins-Haigler Day E Dempsey Dickson Dobbs Dodson Dollar Dooley E 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 Howard Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Morris Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Reese Roberts Rogers Scott, A E Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stephenson Talton Teilhet Thomas Thompson Walker Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Benfield of the 85th, Burkhalter of the 50th, Cox of the 102nd, Crawford of the 16th, Davis of the 109th, Floyd of the 99th, Golick of the 34th, Hill of the 180th, Holt of the 112th, Horne of the 71st, Houston of the 170th, Hudson of the 124th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Millar of the 79th, Mosby of the 90th, Rynders of the 152nd, Sinkfield of the 60th, Taylor of the 55th, Willard of the 49th, and Wix of the 33rd. 290 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Pastor Jeffery W. Brown, Chuck Colsen Prison Ministry, LaGrange, 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 1136. 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 Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to restore salary increases for persons receiving certification from the National Board for Professional Teaching Standards; to eliminate the requirement that the teacher be in a high-needs school; to eliminate the phase-out of the salary increases for such certification; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 10, 2010 291 Referred to the Committee on Education. HB 1137. By Representatives Porter of the 143rd, Fludd of the 66th, Abrams of the 84th, Smyre of the 132nd, Hugley of the 133rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide it to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for requirements, powers, duties, and authority of the Department of Revenue and 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 1138. By Representatives O`Neal of the 146th and Knight of the 126th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to change certain electronic filing requirements; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1139. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Peake of the 137th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, related to ad valorem taxation of property, so as to change certain provisions regarding notice of changes in taxpayers' returns; to provide for annual notice; 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 Ways & Means. HB 1140. By Representatives Lane of the 167th, Williams of the 178th, Smith of the 168th and Willard of the 49th: 292 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008 (Ga. L. 2008, p. 491), so as to change the dates of the terms of office of the initial appointees; 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 1141. By Representative Reese of the 98th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to reduce the number of petition signatures required for ballot access by political body and independent candidates for public office; 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 1142. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1143. By Representatives Setzler of the 35th, Hamilton of the 23rd, Sheldon of the 105th, Glanton of the 76th and Gardner of the 57th: 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 relating to sales and use tax exemptions as to motor fuels; to define transportation purposes; to provide for an increase in the motor fuel WEDNESDAY, FEBRUARY 10, 2010 293 tax; 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. HB 1144. By Representatives Oliver of the 83rd, Willard of the 49th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings and credit for time served in confinement, respectively, so as to change certain provisions relating to detention of juveniles; to clarify provisions relating to payment of certain expenses by the county; to clarify provisions relating to credit for time served for juveniles adjudicated for designated felonies; to clarify provisions relating to juveniles receiving credit for time served; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1145. By Representatives Stephens of the 164th, Roberts of the 154th, Burns of the 157th, Cheokas of the 134th, Battles of the 15th 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 new qualified freight rail infrastructure property and qualified locomotive property; 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 1146. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Powell of the 171st, Willard of the 49th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses against public health and morals in general, so as to extensively revise provisions relating to criminal offenses involving cruelty to animals; to define terms; to revise the elements and definitions of offenses; to change provisions relating 294 JOURNAL OF THE HOUSE to criminal punishment; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1148. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 48-5B-1 of the Official Code of Georgia Annotated, relating to the moratorium on increases in assessed value of property, so as to provide for additional, limited nonapplicability in the case of certain comprehensive, county-wide revaluation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1149. By Representatives Taylor of the 55th, Benfield of the 85th, Drenner of the 86th, Buckner of the 130th and Morgan of the 39th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions regarding sales and use taxes, so as to provide for an exemption from such taxes to certain reusable grocery bags; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, FEBRUARY 10, 2010 295 HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd 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 make certain editorial corrections; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1151. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead 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 1152. 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 approve persons to conduct such training; to provide that licenses shall include a photograph of the holder; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1153. By Representative Levitas of the 82nd, Wilkinson of the 52nd and Dobbs of the 53rd: 296 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions regarding the offense of cruelty to animals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1155. By Representatives Loudermilk of the 14th, Setzler of the 35th, Everson of the 106th, Smith of the 122nd, Collins of the 95th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to establish the offense of criminal solicitation of abortion; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to specify the recovery available in the event of an abortion performed in violation of Georgia law; to provide for the right to recover for the homicide of an unborn child; to define a certain term; to specify recovery available for the homicide of an unborn child; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1358. By Representatives Setzler of the 35th, Hamilton of the 23rd, Sheldon of the 105th, Glanton of the 76th, Gardner of the 57th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for the dedication of 25 percent of the revenue received by the state from the levy of the state sales and use tax to be used for transportation purposes; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Transportation. WEDNESDAY, FEBRUARY 10, 2010 297 HR 1359. By Representatives Gordon of the 162nd, Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Williams of the 165th and others: A RESOLUTION creating the House Study Committee on Video Gambling Machines; and for other purposes. Referred to the Committee on Special Rules. HR 1360. By Representatives Harbin of the 118th, Willard of the 49th, Ehrhart of the 36th, McKillip of the 115th, Rogers of the 26th and others: A RESOLUTION urging the Board of Directors of the Georgia Lottery Corporation to review and reconsider policies and procedures related to compensation of personnel to include production incentive payments and other bonus payments; and for other purposes. Referred to the Committee on Appropriations. HR 1361. By Representatives Harbin of the 118th, Willard of the 49th, Ehrhart of the 36th, McKillip of the 115th, Rogers of the 26th and others: A RESOLUTION urging the Board of Directors of the Georgia Lottery Corporation to review and reconsider policies and procedures related to compensation of personnel to include production incentive payments and other bonus payments; and for other purposes. Referred to the Committee on Appropriations. By unanimous consent, the following Bills and Resolutions of the House were read the second time: HB 900 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127 HB 1128 HB 1129 HB 1130 HB 1131 HB 1132 HB 1133 HB 1134 HB 1135 HR 1349 HR 1350 HR 1351 HR 1357 298 JOURNAL OF THE HOUSE Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 947 Do Pass, by Substitute SB 206 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th 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 917 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 1123 Do Pass HR 1189 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 10, 2010 WEDNESDAY, FEBRUARY 10, 2010 299 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 969 Retirement and pensions; comply with federal law; amend certain provisions (Substitute)(Ret-Maxwell-17th) Modified Open Rule None Modified Structured Rule HB 542 Public School Employees Retirement System; maximum allowable benefit; increase (Substitute)(Ret-Coleman-97th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 344. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans of the 7th, Cowsert of the 46th and others: 300 JOURNAL OF THE HOUSE 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 sovereign immunity protection for physician assistants in safety net clinics who participate in the program established pursuant to the "'Health Share' Volunteers in Medicine Act"; 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 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. 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. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 344. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Goggans of the 7th, Cowsert of the 46th 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 sovereign immunity WEDNESDAY, FEBRUARY 10, 2010 301 protection for physician assistants in safety net clinics who participate in the program established pursuant to the "'Health Share' Volunteers in Medicine Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. The following members were recognized during the period of Morning Orders and addressed the House: Willard of the 49th, Harden of the 28th, Buckner of the 130th, Maxwell of the 17th, Amerson of the 9th, Peake of the 137th, Harden of the 147th, Neal of the 1st, AbdulSalaam of the 74th, Fludd of the 66th, Sims of the 169th, Bruce of the 64th, Davis of the 109th, Roberts of the 154th, and Battles of the 15th. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: HB 897. By Representatives Collins of the 27th, Levitas of the 82nd, Ramsey of the 72nd, Hamilton of the 23rd, Williams of the 178th 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 sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to reorganize the Code section; to provide for a definition; to provide for misdemeanor punishment under certain circumstances; to provide that the offense not be merged with other offenses; provide for related matters; to repeal conflicting laws; and for other purposes. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1123. By Representative Maxwell of the 17th: A RESOLUTION recognizing and commending the Delta Team of the Paulding County High School JROTC Raider Regiment and inviting them to appear before the House of Representatives; and for other purposes. HR 1189. By Representatives Day of the 163rd, Jackson of the 142nd, Amerson of the 9th, Maddox of the 127th, Talton of the 145th and others: 302 JOURNAL OF THE HOUSE A RESOLUTION commending Emergency Management Agencies of Georgia, observing Emergency Management Agency (EMA) Recognition Day, and inviting the emergency management directors and coordinators to appear before the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 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: 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, is amended by revising paragraph (1) of subsection (b) as follows: "(1) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $15.00 $16.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates funds WEDNESDAY, FEBRUARY 10, 2010 303 expressly intended to fund the benefits provided in this subsection and such amount so appropriated is not sufficient to fund the maximum amount allowable, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $12.00 $14.75 multiplied by the member's years of creditable service." SECTION 2. This Act shall become effective on July 1, 2010, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2010, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Crawford Y Davis Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dodson 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 Gardner Y Geisinger Y Glanton Y Golick 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker 304 JOURNAL OF THE HOUSE 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 Y Harbin Y Harden, B Harden, M Y Hatfield Y Heard Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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 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. HB 969. By Representatives Maxwell of the 17th, Benton of the 31st, Coleman of the 97th, Talton of the 145th, Buckner of the 130th 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 amend certain provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of Georgia; to provide for employee contributions; to provide for application for certain creditable service; to clarify provisions relative to post-retirement employment; to amend certain provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to amend certain provisions to comply with federal law; to provide for benefits for members of public retirement systems in qualified military service; to provide for required minimum distributions; to define certain terms relative to conformity with federal law; to define certain terms relative to the Teachers Retirement System of WEDNESDAY, FEBRUARY 10, 2010 305 Georgia; to provide for employee contributions; to provide for application for certain creditable service; to clarify provisions relative to post-retirement employment; to amend certain provisions relative to disability retirement; to amend certain provisions relative to retirement under the Public School Employees Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising subsection (b) of Code Section 47-1-62, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, as follows: "(b)(1) At the time a qualified returning veteran applies for creditable service as provided in Code Section 47-1-61, the board of trustees of the public retirement system or fund shall compute the actuarial value of the creditable service to be granted. (2) The board of trustees of a retirement system or fund which requires employer contributions shall notify the employer of the returning veteran of the actuarial value, less the amount of employee contribution. The employer shall pay such amount to the retirement system over the same period of time allowed for the returning veteran to pay the employee contributions; provided, however, that an employer shall not be required to make any payment until the fiscal year following the year such notice is given. (3) If the actuary employed by a retirement system or fund created by this title which does not require an employer contribution certifies that the system or fund cannot provide the creditable service requested by one or more returning veterans and retain its actuarial soundness, no discretionary benefit increases shall be granted, and the board of trustees of such system or fund shall notify the Governor and chairpersons of the Senate and House Committees on Retirement, providing a full explanation of the amount of funds necessary to return the system or fund to actuarial soundness. (4) If a member of a public retirement system dies while performing qualified military service, as such term is defined in Section 414(U) of the federal Internal Revenue Code, the member's beneficiary shall be entitled to all additional benefits to which the beneficiary would have been entitled if the member had resumed employment with the employer, reentered the plan, and died immediately thereafter. Unless otherwise required by Code Section 38-2-279, additional benefits to beneficiaries shall not include benefit accruals for the period of qualified military service. (5) If an employer pays differential wage payments, as such term is defined in Section 3401(h) of the federal Internal Revenue Code, to a member of a public retirement system while such member is in qualified military service, such payments shall be taken into account as compensation by the public retirement system or fund." 306 JOURNAL OF THE HOUSE SECTION 2. Said title is further amended by adding two new subsections to Code Section 47-1-80.1, relating to provisions applicable to all public retirement or pension systems, maximum annuity paid, and limitation on death and disability benefits, to read as follows: "(d) Except as otherwise provided in subsection (e) of this Code section, a member or beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Section 401(a)(9)(H) of the federal Internal Revenue Code shall not receive those distributions for 2009 unless the member or beneficiary chooses to receive such distributions. Such members and beneficiaries shall be given the opportunity to elect to receive such distributions. In addition, notwithstanding the provisions of Code Section 47-1-81, and solely for purposes of applying the direct rollover provisions of the federal Internal Revenue Code, 2009 required minimum distributions shall be treated as eligible rollover distributions. This subsection shall also apply to required minimum distributions after 2009 if federal law is extended to include such later years. (e) A public retirement or pension system to which subsection (d) of this Code section applies may choose a default option to pay 2009 required minimum distributions unless otherwise elected by the member, provided that the individual system adopt such a default rule for its members only in its plan documents." SECTION 3. Said title is further amended by revising subsections (a) and (b) of Code Section 47-1-82, relating to maximum benefit limited to that allowed by federal law, nonannuity benefit, reduction, and adjustments, as follows: "(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 federal Internal Revenue Code or 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; provided, however, that the board of trustees of a public retirement system may adopt a different definition of such term in the retirement system plan document. 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 WEDNESDAY, FEBRUARY 10, 2010 307 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: (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 calendar year; provided, however, that the board of trustees of a public retirement system may adopt a different definition of such term in the retirement system plan document. (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. 308 JOURNAL OF THE HOUSE (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 annual additions and 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 subsections (b) and (c) 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; or (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 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." SECTION 4. Said title is further amended by revising paragraphs (11) and (28) of Code Section 47-31, relating to definitions relative to the Teachers Retirement System of Georgia, as follows: "(11) 'Earnable compensation' means the full rate of regular compensation payable to a member for his full normal working time and includes compensation paid to a member by an employer from grants or contracts made by outside agencies with the employer. All moneys paid by an employer for a member or by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the retirement system and also for the purpose of computing any benefits or allowances payable under this chapter. Such term shall include contributions made to a qualified transportation plan, 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." "(28) 'Teacher' means: WEDNESDAY, FEBRUARY 10, 2010 309 (A) Any of the following persons employed not less than half time by a public school: (i) Persons who supervise the public schools; (ii) Classroom teachers; and (iii) Persons employed in a clerical capacity; (B) Public school nurses who are employed on a regular basis as much as one-half time or more. The employer's contributions for such public school nurses on all salary amounts which are not paid from state funds shall be paid from local funds; (C) School librarians; (D) Administrative officials who supervise teachers; (E) Full-time public school lunchroom managers or supervisors, full-time public school maintenance managers or supervisors, full-time public school transportation managers or supervisors, and full-time public school warehouse managers or supervisors, upon electing to participate in the retirement system pursuant to Code Section 47-3-63; (F) Any new certified professional personnel employed for the first time by the State Board of Education or by the State Department of Education on and after July 1, 1983, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (h) of Code Section 47-3-60, and any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching, supervisory, or clerical capacity; (F.1) Certified professional personnel who are in the unclassified service of the State Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60; (F.2) Newly hired professional personnel employed for the first time by the Technical College System of Georgia on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the Technical College System of Georgia if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the Technical College System of Georgia assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.4) Personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain 310 JOURNAL OF THE HOUSE members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60; (G) Any bona fide teacher, supervisor of teachers, or clerical employee in any school operated by the Department of Education; (H) Teacher aides and paraprofessional personnel and members of the staff of any regional educational service agency created pursuant to Code Sections 20-2-270 through 20-2-274; (I) Registrars of each unit of the University System of Georgia; (J) The secretary and treasurer of the Board of Regents of the University System of Georgia; (K) Teachers, supervisors of teachers, and clerical workers who are employed and paid by the Board of Regents of the University System of Georgia; (L) All personnel of the Cooperative Extension Service of the University of Georgia; (M) Any other person employed not less than on a half-time basis and paid by the Board of Regents of the University System of Georgia, with the exception of such maintenance and custodial employees employed prior to July 1, 1978, who elected to forgo membership, provided that the board of trustees shall determine whether any particular employee is a maintenance or custodial employee; (N) Any full-time employee of the Georgia Association of Educators, Georgia High School Association, or Georgia School Boards Association, provided that such association, as appropriate, and the employee request that the board of trustees permit them to pay the employer and employee contributions, respectively. The state shall make no contributions on account of such employee; (O) Librarians and clerical personnel employed by regional and county libraries. Any of such librarians and clerical personnel who were members of a local retirement system on January 1, 1977, and who elected to remain members of such local retirement system shall not be required to become members of this retirement system, or if they were members of this retirement system on that date, they may withdraw from such membership. This election must have been made, in writing, to the board of trustees by not later than January 1, 1978. Any of such librarians and clerical personnel failing to so notify the board of trustees by that date shall be members of this retirement system. The employer contributions for such librarians and clerical personnel who are or who become members of this retirement system shall be paid from local funds on all salary amounts of such librarians and clerical personnel which are not paid from state funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers Retirement System of Georgia is ratified, subject to the same laws and the same rules and regulations applicable to other members of this retirement system; (P) The full-time executive secretary of the Georgia Vocational Association. Such association shall pay the required employer contribution for membership service. The executive secretary shall be entitled to receive credit for prior teaching service WEDNESDAY, FEBRUARY 10, 2010 311 by paying the employee and employer contributions that would have been paid, plus interest at the rate of 8 percent per annum; and (Q) Attendance officers employed not less than half time for service rendered after June 30, 1992. As used in this subparagraph, 'attendance officer' means an attendance officer employed in lieu of a visiting teacher under Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20; provided, however, that the provisions of this subparagraph shall not apply to any former member employed as an attendance officer who retired prior to July 1, 1992. The term 'teacher' shall not be deemed to include any emergency or temporary employee. The term 'teacher' 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. The board of trustees shall determine in doubtful cases whether any person is included within the definition set forth in this paragraph. Notwithstanding the provisions of subparagraphs (N) and (P) of this paragraph (28) of this Code section, no person becoming an employee of the Georgia Association of Educators, the Georgia High School Association, or the Georgia School Boards Association or becoming the executive secretary of the Georgia Vocational Association after June 30, 1984, shall be a 'teacher' within the meaning of this paragraph (28) of this Code section or shall be eligible for membership in the retirement system provided for by this chapter unless the person holding any such position is also a 'teacher' within the meaning of a subparagraph of this paragraph (28) of this Code section other than subparagraph (N) or (P) of this paragraph. Except as otherwise provided by Code Section 47-3-84.2, subparagraphs (N) and (P) of this paragraph (28) of this Code section shall remain effective after June 30, 1984, only for the purpose of allowing any person who was a member of the retirement system on June 30, 1984, because the person held a position specified by said subparagraph (N) or (P) of this paragraph to continue such membership as long as the person continues to hold such position." SECTION 5. Said title is further amended by adding a new paragraph to Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia, to read as follows: "(19.1) 'Plan year' means the 12 month period beginning on July 1 of each year." SECTION 6. Said title is further amended by revising subsection (e) of Code Section 47-3-41.1, relating to payment of employee contributions by employers, as follows: "(e) The employee contributions provided for in this Code section 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. Reserved." 312 JOURNAL OF THE HOUSE SECTION 7. Said title is further amended by revising subsection (a) of Code Section 47-3-93, relating to additional creditable service for members with at least 25 years of creditable service, as follows: "(a) Any member of this retirement system who has accrued at least 25 years of creditable service may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must: (1) Make application to the board of trustees in such manner as the board deems appropriate; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. Such application and payment must be made in conjunction with and simultaneously with the member's application for retirement. If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void." SECTION 8. Said title is further amended by revising subsections (a) and (b) of Code Section 47-3101, relating to eligibility and application for retirement, duration of benefits paid to a retired member, and payment to maintain Teachers Retirement System of Georgia, as follows: "(a) Any member in service may retire upon written application to the board of trustees, provided that the member at the time of retirement: (1) has attained the age of 60 years and has at least ten years of creditable service, or (2) has at least 25 years of creditable service. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; except that no retirement application will 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 180 days in advance of the effective date of retirement. Each employer shall 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 during the calendar month of the effective date of retirement shall render the severance invalid and nullify the application for retirement. (b) For purposes of this chapter, normal retirement age shall be 60 years of age if the member has at least ten years of creditable service or the age of the member on the date he or she attains 30 years of creditable service, whichever event comes first; provided, however, that the provisions of this subsection shall be subject to change by future legislation in order to comply with federal regulations. Except as provided under Article 3 of Chapter 1 of this chapter, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. Reserved." WEDNESDAY, FEBRUARY 10, 2010 313 SECTION 9. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 47-3-122, relating to eligibility and application for disability benefits, amount of disability benefits, reexamination of recipients, and reduction, as follows: "(2) An annual pension computed under the formula set forth in subsection (a) of Code Section 47-3-120, but with no reduction in benefits set forth in subsection (b) of Code Section 47-3-120 for retirement under the age of 62 60." SECTION 10. Said title is further amended by revising subsection (e) of Code Section 47-3-122, relating to eligibility and application for disability benefits, amount of disability benefits, reexamination of recipients, and reduction, as follows: "(e) Once each year during the first five years following 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 age 62 60 to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the medical board. Such beneficiary may himself request such an examination. If any disability beneficiary who has not yet attained age 62 60 refuses to submit to such medical examination, his pension may be discontinued by the board of trustees until his withdrawal of such refusal; and if his refusal continues for one year, all his rights in and to his pension may be revoked by the board of trustees." SECTION 11. Said title is further amended by revising Code Section 47-4-106, relating to return to public service of retired members of the Public School Employees Retirement System, as follows: "47-4-106. (a) 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 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, or upon attainment of normal retirement age and cessation of contributions, the retired member, after proper notification to the board, shall receive a retirement benefit based on the member's total accrued service reduced by any amount already received prior to reemployment. (b) If any retired member who has reached normal retirement age returns to service as a public school employee in any position that would normally require membership in this retirement system, such member shall have the option to: (1) Contribute to the system, in which event the member's retirement benefit shall cease and the retired member shall reestablish active membership in this retirement 314 JOURNAL OF THE HOUSE 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 reduced by any amounts already received; or (2) Not contribute to the system, in which event the member's retirement benefit shall not cease, and no additional benefits will accrue. (c) Any employer which employs a retired member shall within 30 days of the employee's accepting employment notify the board of trustees in writing stating the name of the member and, if the retired member is age 65 or older, shall provide in writing from the retired member his or her election either to discontinue benefits and resume contributions, or to continue receiving retirement benefits and accrue no additional credits under the retirement system. Any employer which 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 member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired member fails to so notify the employer and the employer becomes liable to the retirement system, the member shall hold the employer harmless for all such liability." SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 Crawford Y Davis Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K WEDNESDAY, FEBRUARY 10, 2010 315 Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Channell Y Cheokas Y Coan Y 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 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 Jacobs Y James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1397. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th, Talton of the 145th and Peake of the 137th: A RESOLUTION recognizing the 2009 Southeast Champions, Warner Robins American Little League and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1398. 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 be recognized by the House of Representatives; and for other purposes. 316 JOURNAL OF THE HOUSE HR 1399. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION commending Mr. Ronald L. Waller for his outstanding public service and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1386. By Representative Harden of the 28th: A RESOLUTION recognizing February 10, 2010, as Toccoa-Stephens County Day at the state capitol; and for other purposes. HR 1387. By Representative Sellier of the 136th: A RESOLUTION commending Mr. David "Junior" Penamon, Jr. for his outstanding public service; and for other purposes. HR 1388. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Lexie Miller; and for other purposes. HR 1389. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Mrs. Dawn Brock; and for other purposes. HR 1390. By Representative Benton of the 31st: A RESOLUTION recognizing and commending Mr. Todd Chandler; and for other purposes. HR 1391. By Representative Benton of the 31st: A RESOLUTION recognizing and commending John Edwards; and for other purposes. HR 1392. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A RESOLUTION proclaiming February 7-13, 2010, as Burn Awareness Week in Georgia; and for other purposes. WEDNESDAY, FEBRUARY 10, 2010 317 HR 1393. By Representatives Teilhet of the 40th, McKillip of the 115th, Heard of the 114th and Kaiser of the 59th: A RESOLUTION commending Hotel Indigo Athens on becoming the first LEED Gold Certified Building in Athens, Georgia; and for other purposes. HR 1394. By Representatives Benton of the 31st, Allison of the 8th, England of the 108th, Keen of the 179th, Lane of the 158th and others: A RESOLUTION commending the Patriots of the American Revolution and recognizing April 19, 2010, as Patriots Day at the state capitol; and for other purposes. HR 1395. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Stephens of the 164th, Day of the 163rd and others: A RESOLUTION recognizing and commending Dr. David Hall on his installation as the fifth president of the University of the Virgin Islands; and for other purposes. HR 1396. By Representatives Wilkinson of the 52nd, Cole of the 125th, Burkhalter of the 50th, Jones of the 46th, Keen of the 179th and others: A RESOLUTION recognizing and commending Earl "Quentin" Day Ehrhart V; and for other purposes. Representative Cox of the 102nd 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 1054 Do Pass Respectfully submitted, /s/ Cox of the 102nd Chairman Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: 318 JOURNAL OF THE HOUSE 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 180 Do Pass, by Substitute HB 901 Do Pass HB 927 Do Pass, by Substitute HB 1015 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1117 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning. THURSDAY, FEBRUARY 11, 2010 319 Representative Hall, Atlanta, Georgia Thursday, February 11, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abrams Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Bell Benfield Benton Black Brooks Bruce Buckner Burkhalter Burns E Carter Casas Chambers Channell Cheokas E Coleman Collins, D Collins, T Cooper Cox Dawkins-Haigler Day E Dempsey Dickson Dobbs Dodson Dollar Dooley Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier E Fullerton Gardner Geisinger Glanton Gordon Graves Greene E Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson E Hill, C Holt Houston Howard Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Marin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Murphy Neal Nix Oliver O'Neal Parrish Powell, J Pruett Purcell Ramsey Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stephenson Talton Teilhet E Thomas Thompson Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Allison of the 8th, Beasley-Teague of the 65th, Bryant of the 160th, Butler of the 18th, Cole of the 125th, Crawford of the 16th, Davis of the 109th, Drenner of the 86th, Golick of the 34th, Horne of the 71st, Hudson of the 124th, Manning of the 32nd, Martin of the 47th, Morris of the 155th, Mosby of the 90th, Parsons of the 42nd, Peake of the 137th, Porter of the 143rd, Powell of the 29th, Sinkfield of the 60th, Taylor of the 55th, Walker of the 107th, and Weldon of the 3rd. They wish to be recorded as present. 320 JOURNAL OF THE HOUSE Prayer was offered by Bishop Rosa L. Williams, Ever Faithful Missionary 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 1156. By Representatives Bearden of the 68th and Butler of the 18th: A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. THURSDAY, FEBRUARY 11, 2010 321 HB 1157. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1158. By Representative Meadows of the 5th: A BILL to be entitled an Act to amend Code Section 48-5-161, relating to ad valorem tax executions, so as to change provisions relating to the collection of levy administration fees; to provide for the fee to be triggered by the making of a levy; to eliminate 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 Ways & Means. HB 1159. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 19-8-23 of the Official Code of Georgia Annotated, relating to where records of adoption are kept, examination of adoption records by parties and attorneys, and use of information by agency and department, so as to clarify that nonidentifying medical information contained in adoption records shall be open to certain persons for purposes of providing medical treatment and diagnoses; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1160. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to the criminal offense of the sale of real or personal property to political subdivisions by local officers or employees and exceptions to the offense, so as to provide for an increase in the value of items that may be sold to state and local agencies, boards, authorities, and 322 JOURNAL OF THE HOUSE other governmental offices by officers or employees in order to make it easier for more rural government offices to make purchases locally; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1161. By Representatives Peake of the 137th, Randall of the 138th, Epps of the 140th, Sellier of the 136th and Cole of the 125th: A BILL to be entitled an Act to provide for the unified government of Macon-Bibb, Georgia; to provide for boundaries and service districts; to provide for a board of commissioners and the elections, terms, salaries, organization, and vacancies relative to board members; to provide for a legislative process; to provide for ethics; to provide for a mayor and the terms, elections, and salary relative to the office of mayor; to provide for governmental administration; to provide for a judiciary; to provide for elections and election districts; to provide for revenue and finance; to provide for a conditional effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1162. By Representatives Johnson of the 37th, Parsons of the 42nd, Manning of the 32nd, Thomas of the 100th, Wix of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that no state employee responsible for investing the funds of a public retirement system or a combination of such funds shall be granted a salary bonus in any calendar year in which the rate of return on the total of such fund's investments does not exceed the Standard and Poor's 500 Index; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1163. By Representatives Harbin of the 118th, Cooper of the 41st, Powell of the 29th, Rogers of the 26th, Smith of the 113th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to the administration of the "Employment Security Law," so as to define certain terms; to provide that the Department of Labor shall develop a program of random drug testing of THURSDAY, FEBRUARY 11, 2010 323 applicants for unemployment benefits; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Public Assistance Act of 1965," so as to define certain terms; to provide that the Department of Human Services shall develop a program of random drug testing of applicants for public assistance; to provide for a review; to provide that any applicant who refuses to be tested or whose test results in a positive identification of certain substances shall be ineligible to receive public assistance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1164. By Representatives Austin of the 10th, Rice of the 51st, Everson of the 106th, Day of the 163rd, Coan of the 101st and others: A BILL to amend Code Section 35-2-14 of the Official Code of Georgia Annotated, relating to peace officers and the enforcement of immigration and custom laws, so as to modify provisions relating to the designation of peace officers for training; to amend so as to extend the requirement to verify nationality to other persons confined in a jail; to amend Code Section 48-721.1 of the Official Code of Georgia Annotated, relating to compensation paid by a taxpayer disallowed as a business expense for state income tax purposes, so as to provide for certain verification and reporting procedures; to amend and to provide for additional verification and reporting procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1165. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act amending Code Sections 1521-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions applicable to Code Section 40-13-26 of the Official Code of Georgia Annotated, relating to the disposition of certain fines and costs; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal a certain automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Code Revision. 324 JOURNAL OF THE HOUSE HB 1166. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to candidate or campaign committee or for recall of a public officer, so as to provide that any person acting on behalf of an insurance corporation, partnership, or business regulated by the Commissioner of Insurance shall not make any contribution to a political campaign for such office or to any campaign conducted by an incumbent commissioner; to prohibit certain gifts to such officer or his or her family; to provide for a penalty; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1384. By Representatives Bearden of the 68th, Bruce of the 64th, Hembree of the 67th and Brooks of the 63rd: A RESOLUTION honoring the life of Blake Gammill and dedicating a highway in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1385. By Representatives Bearden of the 68th, Bruce of the 64th, Hembree of the 67th and Brooks of the 63rd: A RESOLUTION honoring the life of Alpha Fowler, Jr., and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1400. By Representatives Sellier of the 136th, Davis of the 109th, Black of the 174th, Sheldon of the 105th, Lindsey of the 54th and others: A RESOLUTION requesting the United States Congress not to transfer Guantanamo Bay detainees to prisons within the State of Georgia or any facility within the continental United States; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. HR 1401. By Representatives Powell of the 171st, Sims of the 169th, Hamilton of the 23rd and England of the 108th: THURSDAY, FEBRUARY 11, 2010 325 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 pursuant to law; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee: HB 1167. By Representative Lucas of the 139th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a temporary increase in the rate of state sales and use taxation; to provide for legislative intent regarding the proceeds of such increase; to provide for conforming amendments; 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 1136 HB 1137 HB 1138 HB 1139 HB 1140 HB 1141 HB 1142 HB 1143 HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150 HB 1151 HB 1152 HB 1153 HB 1154 HB 1155 HR 1358 HR 1359 HR 1360 HR 1361 SB 344 Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: 326 JOURNAL OF THE HOUSE 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 1026 Do Pass HB 1075 Do Pass HB 1080 Do Pass HB 1089 Do Pass HB 1122 Do Pass HB 1123 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report: Mr. Speaker: Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 981 Do Pass, by Substitute 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 1259 Do Pass HR 1290 Do Pass HR 1348 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, FEBRUARY 11, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below: THURSDAY, FEBRUARY 11, 2010 327 DEBATE CALENDAR Open Rule HB 974 HB 997 Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions (Ret-Maxwell-17th) Social Security Coverage Group; State Personnel Administration jurisdiction; provide (Ret-Maxwell-17th) Modified Open Rule HB 947 Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 (Substitute)(App-Ralston-7th) Modified Structured Rule None Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: 328 JOURNAL OF THE HOUSE HB 1026. By Representatives Weldon of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1075. By Representatives Fludd of the 66th, Ramsey of the 72nd, Abdul-Salaam of the 74th, Yates of the 73rd and Jordan of the 77th: A BILL to be entitled an Act to authorize the City of Fayetteville 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 1080. 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 creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to 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 1089. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and councilmembers; to provide for submission for preclearance under Section 5 THURSDAY, FEBRUARY 11, 2010 329 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 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. 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 Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd E Carter Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Dickson Y Dobbs Y Dodson Y 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 E 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 Howard Hudson Y Hugley Y Jackson Y Jacobs James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y 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 Nix Y Oliver O'Neal Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Scott, A Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Talton Taylor Y Teilhet E Thomas Y Thompson VACANT 330 JOURNAL OF THE HOUSE Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Cooper Cox Y Golick Y Gordon Y Graves Y Greene E Hamilton Y Hanner Harbin Y Harden, B Y Harden, M E Hatfield Y Heard Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers Y Rynders On the passage of the Bills, the ayes were 144, nays 0. Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Yates Ralston, Speaker The Bills, having received the requisite constitutional majority, were passed. Representative Talton of the 145th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1010. By Representatives Greene of the 149th, Hanner of the 148th, 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), as amended, 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 THURSDAY, FEBRUARY 11, 2010 331 governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes. HB 1025. By Representatives Keown of the 173rd and Black of the 174th: A BILL to be entitled an Act to create a board of elections and registration for Thomas County and provide for its powers and duties; to define certain terms; 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 effective dates; to repeal conflicting laws; and for other purposes. The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 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. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 332 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. The following members were recognized during the period of Morning Orders and addressed the House: Epps of the 140th, Mangham of the 94th, Holt of the 112th, Mills of the 25th, Dukes of the 150th, Geisinger of the 48th, Sims of the 169th, Anderson of the 117th, Byrd of the 20th, Sellier of the 136th, and Keen of the 179th. 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 Information and Audits: 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. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary: HB 917. By Representatives Jacobs of the 80th, Lindsey of the 54th, Willard of the 49th, Powell of the 171st, Collins of the 27th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to provide for application and construction; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1259. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: THURSDAY, FEBRUARY 11, 2010 333 A RESOLUTION commending Columbia County Youth Leadership for its outstanding contribution to the community and inviting its members to appear before the House of Representatives; and for other purposes. HR 1290. By Representatives Parrish of the 156th, Stephens of the 164th, Jones of the 46th, Ralston of the 7th, Keen of the 179th and others: A RESOLUTION recognizing February 12, 2010, as Hungary Day at the state capitol and inviting Ambassador of Hungary Bla Szombati to be recognized by the House of Representatives; and for other purposes. HR 1348. By Representatives Smith of the 70th and Horne of the 71st: A RESOLUTION recognizing the 2009-2010 Eagle Scouts of Troop 47 from Newnan, Georgia, and inviting them to be recognized by 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 974. By Representatives Maxwell of the 17th and Benton of the 31st: 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 a member seeking creditable service for a period of absence from duty must have returned to service; to change the vesting period; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Bell Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart 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 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 Scott, A E Scott, M Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L 334 JOURNAL OF THE HOUSE Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd E Carter 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 N Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene E Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Morris Y Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders On the passage of the Bill, the ayes were 162, nays 2. Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker The Bill, having received the requisite constitutional majority, was passed. Representatives Rice of the 51st 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. House of Representatives Atlanta, Georgia 30334 This version of HB 974 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 974. /s/ Bobby Franklin Representative, District 43 HB 997. By Representatives Maxwell of the 17th, Benton of the 31st and Weldon of the 3rd: THURSDAY, FEBRUARY 11, 2010 335 A BILL to be entitled an Act to amend Chapter 18 of Title 47 of the Official Code of Georgia Annotated, relating to social security coverage for employees of the state and political subdivisions of the state, so as to provide that the Employees' Social Security Coverage Group shall be under the jurisdiction and control of the State Personnel Administration; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd E Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene E 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 James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers Y Rynders On the passage of the Bill, the ayes were 156, nays 2. Y Scott, A E Scott, M Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 336 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. Representatives Hill of the 180th, Millar of the 79th, Reese of the 98th, Rice of the 51st, and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Special Committee on Small Business Development and Job Creation: 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. 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 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, 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, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, THURSDAY, FEBRUARY 11, 2010 337 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 2009, and ending June 30, 2010, known as the general appropriations Act, approved May 11, 2009, as House Bill 119, Act No. 345, Ga. Laws 2009, Volume One, Book Two Appendix, commencing at Page 1 of 330, 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, 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: Total Funds Federal Funds and Grants CCDF Mandatory & Matching Funds (CFDA 93.596) Child Care & Development Block Grant (CFDA 93.575) Community Mental Health Services Block Grant (CFDA 93.958) Community Service Block Grant (CFDA 93.569) Federal Highway Administration Highway Planning & Construction (CFDA 20.205) Foster Care Title IV-E (CFDA 93.658) Low-Income Home Energy Assistance (CFDA 93.568) Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block $38,355,523,885 $11,043,498,705 $93,380,753 $102,059,770 $13,715,098 $17,312,159 $1,242,517,473 $91,104,003 $24,627,737 $20,595,118 $5,249,040,143 $59,273,784 338 JOURNAL OF THE HOUSE Grant (CFDA 93.959) Preventive Health and Health Services Block Grant (CFDA 93.991) Social Services Block Grant (CFDA 93.667) State Children's Insurance Program (CFDA 93.767) TANF Block Grant - Unobligated Balance TANF Transfers to Social Services Block Grant (CFDA 93.558) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Federal Recovery Funds Child Care & Development Block Grant (CFDA 93.575) Foster Care Title IV-E (CFDA 93.658) Medical Assistance Program (CFDA 93.778) Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Prior Year funds State General Funds Records Center Storage Fee Research Funds State Funds Brain & Spinal Injury Trust Fund Care Management Organization Fees Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments $3,056,203 $54,771,487 $248,657,579 $37,348,536 $25,800,000 $343,865,604 $3,416,373,258 $2,166,993,175 $65,600,000 $7,177,918 $671,688,192 $1,422,527,065 $4,317,421,187 $2,233,066,020 $139,386,524 $303,560,031 $41,338,126 $35,098,652 $435,771 $1,564,536,063 $17,417,279,403 $2,066,389 $42,524,901 $1,044,666,425 $910,420,807 $122,528,939 $14,987,085,591 $307,986,351 $3,410,331,415 $2,886,522,702 $294,347,866 $56,279,450 $44,241,374 $128,940,023 Section 1: Georgia Senate Total Funds $9,605,065 THURSDAY, FEBRUARY 11, 2010 339 State Funds State General Funds $9,605,065 $9,605,065 1.1. Lieutenant Governor's Office Total Funds $1,147,599 State Funds $1,147,599 State General Funds $1,147,599 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,260,129 Total Funds $1,260,129 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) Reduce operating expenses. ($14,214) ($14,214) ($14,864) ($83,452) ($14,864) ($83,452) Amount appropriated in this Act $1,147,599 $1,147,599 1.2. Secretary of the Senate's Office Total Funds $1,101,853 State Funds $1,101,853 State General Funds $1,101,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,229,925 $1,229,925 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($11,360) ($11,360) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($11,712) ($11,712) Reduce operating expenses. ($105,000) ($105,000) Amount appropriated in this Act $1,101,853 $1,101,853 1.3. Senate Total Funds $6,472,549 State Funds $6,472,549 State General Funds $6,472,549 The above amounts include the following adjustments, additions, and deletions to the previous 340 JOURNAL OF THE HOUSE appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) Reduce operating expenses. Amount appropriated in this Act State Funds $7,034,289 ($57,181) Total Funds $7,034,289 ($57,181) ($81,324) ($423,235) $6,472,549 ($81,324) ($423,235) $6,472,549 1.4. Senate Budget and Evaluation Office Purpose: The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. Total Funds $883,064 State Funds $883,064 State General Funds $883,064 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $989,232 $989,232 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) Reduce operating expenses. ($11,492) ($11,492) ($16,456) ($78,220) ($16,456) ($78,220) Amount appropriated in this Act $883,064 $883,064 Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $16,737,561 $16,737,561 $16,737,561 2.1. House of Representatives Total Funds $16,737,561 State Funds $16,737,561 State General Funds $16,737,561 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 341 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce operating expenses. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) Amount appropriated in this Act State Funds $18,302,585 ($160,543) Total Funds $18,302,585 ($160,543) ($1,181,743) ($222,738) ($1,181,743) ($222,738) $16,737,561 $16,737,561 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $8,512,856 $8,512,856 $8,512,856 3.1. Ancillary Activities Purpose: The purpose of this appropriation is to provide services for the legislative branch of government. Total Funds $3,440,601 State Funds $3,440,601 State General Funds $3,440,601 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,352,951 Total Funds $4,352,951 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($13,466) ($13,466) ($15,884) ($15,884) Reduce operating expenses. ($883,000) ($883,000) Amount appropriated in this Act $3,440,601 $3,440,601 3.2. Legislative Fiscal Office Purpose: 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 Funds $2,390,808 State Funds $2,390,808 State General Funds $2,390,808 342 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 (HB119) $2,618,917 $2,618,917 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($15,982) ($15,982) Reflect an adjustment in the Workers' Compensation premium. $445 $445 Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($18,854) ($18,854) Reduce operating expenses. ($193,718) ($193,718) Amount appropriated in this Act $2,390,808 $2,390,808 3.3. Office of Legislative Counsel Purpose: The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. Total Funds $2,681,447 State Funds $2,681,447 State General Funds $2,681,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,864,797 Total Funds $2,864,797 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($37,548) ($37,548) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) Reduce operating expenses. ($42,500) ($103,302) ($42,500) ($103,302) Amount appropriated in this Act $2,681,447 $2,681,447 Section 4: Audits and Accounts, Department of Total Funds State Funds State General Funds $30,130,072 $30,130,072 $30,130,072 4.1. Audit and Assurance Services Purpose: 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 THURSDAY, FEBRUARY 11, 2010 343 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 Funds $26,584,984 State Funds $26,584,984 State General Funds $26,584,984 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $28,666,166 Total Funds $28,666,166 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($378,789) ($378,789) $639 $639 Reduce personal services to reflect furlough savings associated with 3 days.(H:Reflect savings from 6 furlough days.) Reduce funds for personal services and operating expenses. ($415,574) ($415,574) ($1,287,458) ($1,287,458) Amount appropriated in this Act $26,584,984 $26,584,984 4.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all Department programs. Total Funds $1,546,019 State Funds $1,546,019 State General Funds $1,546,019 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,625,015 Total Funds $1,625,015 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($16,835) ($16,835) $0 $0 Reduce funds for personal services and operating expenses. ($38,833) ($38,833) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($23,328) ($23,328) Amount appropriated in this Act $1,546,019 $1,546,019 344 JOURNAL OF THE HOUSE 4.3. Legislative Services Purpose: 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 Funds $116,043 State Funds $116,043 State General Funds $116,043 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $122,883 $122,883 Reduce funds for personal services and operating expenses. ($5,000) ($5,000) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($1,840) ($1,840) Amount appropriated in this Act $116,043 $116,043 4.4. Statewide Equalized Adjusted Property Tax Digest Purpose: 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 Funds $1,883,026 State Funds $1,883,026 State General Funds $1,883,026 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,966,354 Total Funds $1,966,354 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($25,253) ($25,253) $0 $0 Reduce funds for personal services and operating expenses. ($27,737) ($27,737) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect savings from 6 furlough days.) ($30,338) ($30,338) Amount appropriated in this Act $1,883,026 $1,883,026 THURSDAY, FEBRUARY 11, 2010 345 Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $12,618,056 $150,000 $150,000 $12,468,056 $12,468,056 5.1. Court of Appeals Purpose: 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 Funds $12,618,056 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $12,468,056 State General Funds $12,468,056 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $13,452,235 $13,602,235 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($187,089) ($187,089) Reflect an adjustment in the Workers' Compensation premium. $3,301 $3,301 Provide funds for outstanding liabilities from FY 2009 resulting from funds being withheld in the June 2009 allotment. $0 $0 Reduce funds for personal services using a reduction in force from FY 2009 ($273,465) and temporary vacancies in FY 2010 ($30,088). ($303,553) ($303,553) Reduce personal services to reflect furlough savings associated with 3 days ($93,579) and 10 additional days ($297,114). (H:Reduce furlough days. ) ($270,477) ($270,477) Eliminate 2 positions in the Reporter's Office. ($62,323) ($62,323) Reflect savings from a voluntary 3-day furlough for seven Court of Appeals judges. ($16,311) ($16,311) Further reduce personnel and operating funds. ($147,727) ($147,727) Amount appropriated in this Act $12,468,056 $12,618,056 Section 6: Judicial Council Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $15,694,671 $2,492,903 $2,492,903 346 JOURNAL OF THE HOUSE Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $615,890 $350,390 $265,500 $12,585,878 $12,585,878 6.1. Georgia Office of Dispute Resolution Purpose: 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 Funds $232,794 Other Funds $172,890 Agency Funds $172,890 State Funds $59,904 State General Funds $59,904 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $73,204 Total Funds $246,094 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce operating expenses. ($5,109) ($5,109) ($3,505) ($3,505) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) ($4,686) ($4,686) Amount appropriated in this Act $59,904 $232,794 6.2. Institute of Continuing Judicial Education Purpose: 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 Funds $1,129,554 Other Funds $177,500 Agency Funds $177,500 State Funds $952,054 State General Funds $952,054 The above amounts include the following adjustments, additions, and deletions to the previous THURSDAY, FEBRUARY 11, 2010 347 appropriation act: Amount from prior Appropriation Act (HB119) Defer filling 1 vacant event planner/training coordinator position. Reduce funds for Superior Court judge training. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) Reduce funds for Magistrate, Probate, State, and Juvenile judge training. Reduce operating expenses for administrative staff. Amount appropriated in this Act State Funds $1,034,841 ($40,500) ($11,242) ($10,320) ($14,981) ($5,744) $952,054 Total Funds $1,212,341 ($40,500) ($11,242) ($10,320) ($14,981) ($5,744) $1,129,554 6.3. Judicial Council Purpose: 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. Total Funds $13,521,574 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 $10,763,171 State General Funds $10,763,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $12,208,404 $14,966,807 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($94,011) ($94,011) Reflect an adjustment in the Workers' Compensation premium. $5,898 $5,898 Reduce personal services to reflect furlough savings associated with 3 days.(H:Reflect 6 furlough days for the AOC, Child Support Guidelines Commission, Council of Magistrate Court Judges, County and Municipal Probation Advisory Council, and Statewide Drug Court Program.) ($79,668) ($79,668) 348 JOURNAL OF THE HOUSE Reduce operating expenses. Eliminate the Commission on Children, Marriage and Family Law. Eliminate 2 positions and defer filling vacant positions in the Administrative Office of the Courts. Amount appropriated in this Act ($944,773) ($54,582) ($278,097) $10,763,171 ($944,773) ($54,582) ($278,097) $13,521,574 6.4. Judicial Qualifications Commission Purpose: 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 Funds $230,749 State Funds $230,749 State General Funds $230,749 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $276,749 $276,749 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce operating expenses. ($3,066) ($3,066) ($13,737) ($13,737) Provide funds for outstanding legal expenses due to the investigation and prosecution of 2 judges. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) Reflect additional reductions to personal services and operating expenses. $0 ($3,032) ($26,165) $0 ($3,032) ($26,165) Amount appropriated in this Act $230,749 $230,749 6.5. Resource Center Purpose: 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 Funds $580,000 State Funds $580,000 State General Funds $580,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 349 Amount from prior Appropriation Act (HB119) Reduce funds for 1 vacant senior staff attorney position. Amount appropriated in this Act State Funds $580,000 $0 $580,000 Total Funds $580,000 $0 $580,000 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $6,912,237 $447,456 $447,456 $6,464,781 $6,464,781 7.1. Council of Juvenile Court Judges Purpose: 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 Funds $1,971,176 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,523,720 State General Funds $1,523,720 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,592,710 Total Funds $2,040,166 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days ($10,912) and 9 additional days ($38,740). ($19,338) ($19,338) ($49,652) ($49,652) Reduce funding for operating expenses. $0 $0 Amount appropriated in this Act $1,523,720 $1,971,176 7.2. Grants to Counties for Juvenile Court Judges Purpose: The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges' salaries. Total Funds $4,941,061 State Funds $4,941,061 State General Funds $4,941,061 350 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,986,061 Total Funds $4,986,061 Reduce funding to reflect one judge vacancy. ($45,000) ($45,000) Amount appropriated in this Act $4,941,061 $4,941,061 Section 8: Prosecuting Attorneys Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $57,110,520 $55,308,393 $55,308,393 $1,802,127 $1,802,127 8.1. District Attorneys Purpose: 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 O.C.G.A. 15-18. Total Funds $51,671,045 State Funds $49,868,918 State General Funds $49,868,918 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: Amount from prior Appropriation Act (HB119) State Funds $51,240,569 Total Funds $53,042,696 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) Provide funds to cover a shortfall in personal services for district attorney staff. Provide funds for outstanding liabilities from FY 2009 resulting from funds being withheld in the June 2009 allotment. (H:Utilize funds saved from furlough days. ) Reduce operating expenses. ($808,765) ($808,765) ($445,110) $0 $0 ($445,110) $0 $0 $0 $0 Reduce personal services funds for three assistant district attorneys created in HB 1163. ($117,776) ($117,776) Amount appropriated in this Act $49,868,918 $51,671,045 THURSDAY, FEBRUARY 11, 2010 351 8.2. Prosecuting Attorney's Council Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. Total Funds $5,439,475 State Funds $5,439,475 State General Funds $5,439,475 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,167,873 Total Funds $6,167,873 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($51,623) ($51,623) $128,649 $128,649 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflects an additional 6 furlough days. ) Provide funds for a special prosecutor appointed by Executive Order. $70,694 ($118,278) $3,000 $70,694 ($118,278) $3,000 Reduce operating expenses. ($282,680) ($282,680) Reduce funding for operations and personnel. ($478,160) ($478,160) Amount appropriated in this Act $5,439,475 $5,439,475 Section 9: Superior Courts Total Funds State Funds State General Funds $58,162,149 $58,162,149 $58,162,149 9.1. Council of Superior Court Clerks Purpose: 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 Funds $273,093 State Funds $273,093 State General Funds $273,093 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $731,426 $731,426 Reduce funds for the Judicial Data Exchange project. ($458,333) ($458,333) 352 JOURNAL OF THE HOUSE Amount appropriated in this Act $273,093 $273,093 9.2. Council of Superior Court Judges Purpose: 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 Funds $1,186,105 State Funds $1,186,105 State General Funds $1,186,105 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,349,640 $1,349,640 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 1 purchasing/asset management position. ($13,872) ($13,872) $8,351 ($67,482) $8,351 ($67,482) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days.) Reduce Council office operating funds. ($24,900) ($65,632) ($24,900) ($65,632) Amount appropriated in this Act $1,186,105 $1,186,105 9.3. Judicial Administrative Districts Purpose: 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 Funds $2,091,852 State Funds $2,091,852 State General Funds $2,091,852 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,172,338 Total Funds $2,172,338 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days.) ($27,742) ($27,742) ($42,744) ($42,744) THURSDAY, FEBRUARY 11, 2010 353 Reduce operating expenses. Amount appropriated in this Act ($10,000) $2,091,852 ($10,000) $2,091,852 9.4. Superior Court Judges Purpose: 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 Funds $54,611,099 State Funds $54,611,099 State General Funds $54,611,099 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $56,245,668 Total Funds $56,245,668 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($651,948) ($651,948) Reflect an adjustment in the Workers' Compensation premium. ($5,569) ($5,569) Provide funds for outstanding liabilities from FY 2009 resulting from funds being withheld in the June 2009 allotment. Provide funds for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for the state court judges and staff added in HB 167 (Cherokee County) and HB 811 (Clayton County). $0 $19,842 $0 $19,842 Reduce funds for judges' continuing judicial education. ($112,960) ($112,960) Reduce personal services to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) Reduce funds for the use of senior judges. ($363,612) ($171,216) ($363,612) ($171,216) Reduce operating expenses. ($91,000) ($91,000) Defer filling 3 law clerk positions. ($129,373) ($129,373) Reduce funds for personal services for the 3 new judgeships (Alcovy, Atlanta, and Brunswick) created in HB 1163 (FY 2008). ($221,521) ($221,521) Reflect savings from a voluntary 3-day judge furlough. ($222,187) ($222,187) Reduce personal services to reflect partial savings from one judge vacancy. Reflect savings from one vacant law clerk position. ($27,111) ($31,829) ($27,111) ($31,829) Provide funding for judges' retirement plan. $373,915 $373,915 Amount appropriated in this Act $54,611,099 $54,611,099 Section 10: Supreme Court Total Funds $7,560,681 354 JOURNAL OF THE HOUSE State Funds State General Funds $7,560,681 $7,560,681 10.1. Supreme Court of Georgia Purpose: 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 Funds $7,560,681 State Funds $7,560,681 State General Funds $7,560,681 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,026,295 Total Funds $8,026,295 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($95,898) ($95,898) Reflect an adjustment in the Workers' Compensation premium. $9,274 $9,274 Reduce personal services to reflect furlough savings associated with 3 days.(H:Reflect 6 furlough days.) Reduce operating expenses. ($102,318) $0 ($102,318) $0 Provide annual membership dues for the National Center for State Courts. Provide funds for outstanding liabilities from FY 2009 resulting from funds being withheld in the June 2009 allotment. Eliminate funds to administer the bar examination by moving to a self-sufficient fee per HB 283 (FY 2009). Eliminate 2 positions in the Reporter's Office. $46,000 $0 ($211,000) ($65,000) $46,000 $0 ($211,000) ($65,000) Reflect RIF of one additional Clerks Office employee. ($14,050) ($14,050) Reflect 6 voluntary furlough days for all Supreme Court justices. ($32,622) ($32,622) Amount appropriated in this Act $7,560,681 $7,560,681 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers $16,299,463 $4,107,430 $4,107,430 $12,192,033 THURSDAY, FEBRUARY 11, 2010 355 Other Intra-State Government Payments $12,192,033 11.1. State Accounting Office Purpose: 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 Funds $15,952,306 State Funds $3,760,273 State General Funds $3,760,273 Intra-State Government Transfers $12,192,033 Other Intra-State Government Payments $12,192,033 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,249,107 Total Funds $16,441,140 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($49,612) ($49,612) Reflect an adjustment in the Workers' Compensation premium. $297 $297 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 4 vacant positions. $32,815 ($326,865) $32,815 ($326,865) Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. ($56,212) ($89,257) ($56,212) ($89,257) Amount appropriated in this Act $3,760,273 $15,952,306 11.2. State Accounting Office - Special Project Purpose: 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. Total Funds $347,157 State Funds $347,157 State General Funds $347,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $377,345 Total Funds $377,345 Reduce funds for training, upgrades, and other activities. ($30,188) ($30,188) 356 JOURNAL OF THE HOUSE Amount appropriated in this Act $347,157 $347,157 Section 12: Administrative Services, Department of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments $158,250,727 $19,377,732 $11,446,952 $7,930,780 $9,932,972 $9,932,972 $128,940,023 $128,940,023 12.1. Departmental Administration Purpose: Provide administrative support to all department programs. Total Funds $4,588,860 Other Funds $2,768,920 Other Funds - Not Specifically Identified $2,768,920 State Funds $1,819,940 State General Funds $1,819,940 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,212,692 $4,955,789 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($23,954) ($23,954) Reflect an adjustment in the Workers' Compensation premium. ($735) ($735) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $8,074 $8,074 Reduce personal services to reflect furlough savings associated with 6 days. ($26,970) ($26,970) Eliminate 2 filled positions. ($146,622) ($146,622) Reduce contract funds. ($11,000) ($11,000) Replace state funds with other funds in personal services. (H:Capture total cost of purchasing specialist position.) ($63,647) ($63,647) Transfer other funds ($25,823) to the Administration Program from Risk Management ($19,576), Surplus Property ($3,807) and the Mail and Courier ($2,440) programs. $0 $25,823 Reduce operating expenses. ($127,898) ($127,898) Amount appropriated in this Act $1,819,940 $4,588,860 THURSDAY, FEBRUARY 11, 2010 357 12.2. Fleet Management Purpose: 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 Funds $1,328,994 Other Funds $1,020,141 Other Funds - Not Specifically Identified $1,020,141 State Funds $308,853 State General Funds $308,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $317,756 $1,337,897 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($3,152) ($3,152) ($112) ($112) Reduce personal services to reflect furlough savings associated with 6 days. Replace state funds with other funds in personal services. ($1,942) ($3,697) ($1,942) ($3,697) Amount appropriated in this Act $308,853 $1,328,994 12.3. Mail and Courier Purpose: Operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. Total Funds $1,077,229 Other Funds $1,077,229 Agency Funds $1,077,229 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $1,079,669 Reduce other funds ($2,440) to reflect savings for a 6 day furlough and transfer funds to the Administration program. $0 ($2,440) Amount appropriated in this Act $0 $1,077,229 12.4. Risk Management Purpose: 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 358 JOURNAL OF THE HOUSE 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 Funds $128,940,023 Intra-State Government Transfers $128,940,023 Self Insurance Trust Fund Payments $128,940,023 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $0 $128,959,599 Reduce other funds ($19,576) to reflect savings for a 6 day furlough and transfer funds to the Administration program. $0 ($19,576) Amount appropriated in this Act $0 $128,940,023 12.5. State Purchasing Purpose: 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 Funds $7,510,088 Other Funds $6,564,300 Agency Funds $6,564,300 State Funds $945,788 State General Funds $945,788 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,150,033 $7,714,333 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($35,932) ($35,932) Reflect an adjustment in the Workers' Compensation premium. ($398) ($398) Reduce personal services to reflect furlough savings associated with 6 days. ($15,114) ($15,114) Replace state funds with other funds in personal services. ($37,798) ($37,798) Reduce contract funds. ($115,003) ($115,003) Amount appropriated in this Act $945,788 $7,510,088 THURSDAY, FEBRUARY 11, 2010 359 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 $1,194,787 Other Funds $1,194,787 Other Funds - Not Specifically Identified $1,194,787 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $1,198,594 Reduce other funds ($3,807) to reflect savings for a 6 day furlough and transfer funds to the Administration Program. $0 ($3,807) Amount appropriated in this Act $0 $1,194,787 The following appropriations are for agencies attached for administrative purposes. 12.7. Certificate of Need Appeal Panel Purpose: Review decisions made by the Department of Community Health on Certificate of Need applications. Total Funds $48,493 State Funds $48,493 State General Funds $48,493 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $53,882 Total Funds $53,882 Reduce operating expenses. ($5,389) ($5,389) Amount appropriated in this Act $48,493 $48,493 12.8. Compensation Per General Assembly Resolutions Purpose: Purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution. Total Funds $299,371 State Funds $299,371 State General Funds $299,371 12.9. Office of State Administrative Hearings Purpose: Provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. 360 JOURNAL OF THE HOUSE Total Funds $3,356,987 Other Funds $608,684 Agency Funds $608,684 State Funds $2,748,303 State General Funds $2,748,303 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,160,465 Total Funds $3,769,149 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect projected expenses. ($31,947) ($31,947) ($104,714) ($104,714) Reduce personal services to reflect furlough savings associated with 6 days. ($48,302) ($48,302) Reduce operating expenses. ($207,321) ($207,321) Replace state funds with other funds in personal services. ($19,878) ($19,878) Amount appropriated in this Act $2,748,303 $3,356,987 12.10. Office of Treasury and Fiscal Services Purpose: 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 Funds $3,196,739 Other Funds $3,196,739 Agency Funds $3,196,739 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $3,290,117 Reduce other funds for operating expenses ($39,500). $0 ($39,500) Reduce other funds in personal services to reflect furlough savings associated with 6 days ($53,878). $0 ($53,878) Amount appropriated in this Act $0 $3,196,739 12.11. Payments to Georgia Aviation Authority Purpose: Ensure the safety of state air travelers, while increasing efficiency by consolidating assets, streamlining operations, and developing cross functional capabilities. THURSDAY, FEBRUARY 11, 2010 361 Total Funds $6,709,156 Other Funds $2,946,932 Other Funds - Not Specifically Identified $2,946,932 State Funds $3,762,224 State General Funds $3,762,224 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,705,309 Total Funds $6,158,981 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Provide funds for operating expenditures. (H:Provide funds for an Executive Director position only.) Recognize $304,860 in Federal Funds from Georgia State Patrol and Georgia Forestry Commission and $188,400 in Other Funds from twin-engine and helicopter rate increases for non-mission related usage. ($33,878) ($33,878) $265 ($51,222) $141,750 $0 $265 ($51,222) $141,750 $493,260 Amount appropriated in this Act $3,762,224 $6,709,156 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 $48,828,736 $6,790,418 $6,790,418 $3,007,997 $3,007,997 $39,030,321 $39,030,321 13.1. Athens and Tifton Veterinary Laboratories Purpose: 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 Funds $3,232,828 State Funds $3,232,828 State General Funds $3,232,828 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 362 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Reduce operating expenses. Amount appropriated in this Act State Funds $3,513,943 ($281,115) $3,232,828 Total Funds $3,513,943 ($281,115) $3,232,828 13.2. Consumer Protection Purpose: 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 Funds $30,536,403 Federal Funds and Grants $6,755,418 Federal Funds Not Specifically Identified $6,755,418 Other Funds $1,605,000 Other Funds - Not Specifically Identified $1,605,000 State Funds $22,175,985 State General Funds $22,175,985 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $23,556,813 $31,917,231 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($313,990) ($313,990) ($1,377) ($1,377) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses. ($20,236) ($685,843) ($20,236) ($685,843) Reduce personal services to reflect furlough savings associated with 6 days. ($359,382) ($359,382) Amount appropriated in this Act $22,175,985 $30,536,403 THURSDAY, FEBRUARY 11, 2010 363 13.3. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $4,445,855 Federal Funds and Grants $35,000 Federal Funds Not Specifically Identified $35,000 Other Funds $258,721 Other Funds - Not Specifically Identified $258,721 State Funds $4,152,134 State General Funds $4,152,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,664,521 Total Funds $5,958,242 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($62,327) ($62,327) ($199) ($199) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($13,988) ($70,736) ($13,988) ($70,736) Reduce funds for 3 filled and 1 vacant positions. ($164,469) ($164,469) Reduce operating expenses. ($1,200,668) ($1,200,668) Amount appropriated in this Act $4,152,134 $4,445,855 13.4. Marketing and Promotion Purpose: 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 Market Bulletin. Total Funds $7,548,767 Other Funds $1,144,276 Other Funds - Not Specifically Identified $1,144,276 State Funds $6,404,491 State General Funds $6,404,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,462,906 $8,607,182 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to ($58,924) ($58,924) 364 JOURNAL OF THE HOUSE November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. Reduce funds for 3 vacant positions. Amount appropriated in this Act ($293) ($7,135) ($66,858) ($813,937) ($111,268) $6,404,491 ($293) ($7,135) ($66,858) ($813,937) ($111,268) $7,548,767 13.5. Poultry Veterinary Diagnostic Labs Purpose: Pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. Total Funds $3,064,883 State Funds $3,064,883 State General Funds $3,064,883 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,331,395 Total Funds $3,331,395 Reduce operating expenses. ($266,512) ($266,512) Amount appropriated in this Act $3,064,883 $3,064,883 Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds $11,204,576 $11,204,576 $11,204,576 14.1. Consumer Protection and Assistance Purpose: The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. Total Funds $199,673 State Funds $199,673 State General Funds $199,673 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $214,137 Total Funds $214,137 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to ($2,809) ($2,809) THURSDAY, FEBRUARY 11, 2010 365 November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce regular operating expenses. Amount appropriated in this Act ($4) ($1,462) ($3,189) ($7,000) $199,673 ($4) ($1,462) ($3,189) ($7,000) $199,673 14.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $1,992,637 State Funds $1,992,637 State General Funds $1,992,637 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,133,310 Total Funds $2,133,310 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($26,218) ($26,218) Reflect an adjustment in the Workers' Compensation premium. ($38) ($38) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate funding for 1 filled secretary position. ($15,118) ($30,090) ($19,233) ($15,118) ($30,090) ($19,233) Reduce temporary IT costs. ($20,000) ($20,000) Reduce regular operating expenses. (H:Increase reduction to reflect agency's 5% withhold plan.) Reduce non-GTA-GAIT computer charges for software licenses. (H:Increase reduction to reflect agency's 5% withhold plan.) ($19,976) ($10,000) ($19,976) ($10,000) Amount appropriated in this Act $1,992,637 $1,992,637 14.3. Financial Institution Supervision Purpose: 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. 366 JOURNAL OF THE HOUSE Total Funds $7,142,161 State Funds $7,142,161 State General Funds $7,142,161 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,912,695 Total Funds $7,912,695 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($99,876) ($99,876) ($144) ($144) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($55,115) ($55,115) Reduce personal services to reflect furlough savings associated with 6 days. ($111,054) ($111,054) Reduce regular operating expenses. ($15,989) ($15,989) Reduce non-GTA-GAIT computer charges for software licenses. ($18,775) ($18,775) Reduce personal services by holding 3 bank examiner positions vacant for 3 months, and 6 bank examiner positions vacant for 12 months. (H:Capture full savings per agency's 5% withhold plan.) Eliminate funding for 2 filled district administrative assistant positions. ($412,113) ($412,113) ($57,468) ($57,468) Amount appropriated in this Act $7,142,161 $7,142,161 14.4. Non-Depository Financial Institution Supervision Purpose: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and money service businesses, enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non-depository financial institutions. Total Funds $1,870,105 State Funds $1,870,105 State General Funds $1,870,105 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,095,439 $2,095,439 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($27,153) ($27,153) ($39) ($39) Reflect an adjustment in telecommunication expenses for the Georgia ($10,998) ($10,998) THURSDAY, FEBRUARY 11, 2010 367 Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce regular operating expenses. Reduce personal services by holding 1 money service business examiner position vacant for 6 months. (H:Capture full savings per agency's 5% withhold plan.) Eliminate funding for 2 filled secretary positions. Reduce personal services by holding 1 mortgage examiner position vacant for 6 months. Amount appropriated in this Act ($30,377) ($8,500) ($58,922) ($30,377) ($8,500) ($58,922) ($44,100) ($45,245) $1,870,105 ($44,100) ($45,245) $1,870,105 Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds Federal Funds and Grants $974,672,086 $170,611,804 Community Mental Health Services Block Grant (CFDA 93.958) Medical Assistance Program (CFDA 93.778) Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) Social Services Block Grant (CFDA 93.667) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $13,715,098 $18,927,899 $59,273,784 $37,901,729 $20,541,722 Federal Funds Not Specifically Identified Other Funds $20,251,572 $77,283,718 Agency Funds Other Funds - Not Specifically Identified $67,640,445 $9,643,273 State Funds State General Funds $720,463,984 $710,208,846 Tobacco Settlement Funds Intra-State Government Transfers $10,255,138 $6,312,580 Other Intra-State Government Payments $6,312,580 15.1. Adult Addictive Diseases Services Purpose: Provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. Provide assistance for compulsive gamblers. Total Funds $94,359,887 Federal Funds and Grants $50,243,486 Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $30,112,998 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $20,130,488 Other Funds $825,795 368 JOURNAL OF THE HOUSE Agency Funds $824,903 Other Funds - Not Specifically Identified $892 State Funds $43,290,606 State General Funds $43,290,606 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $42,217,093 $90,651,969 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($51,359) ($51,359) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $16,406 $16,406 Transfer $6,705,102 from Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Disease Service program ($1,160,830) to align budget to expenditures. $1,160,830 $1,160,830 Transfer $2,634,405 in Temporary Assistance for Needy Families (TANF) funds from Departmental Administration - Behavioral Health to the Adult Addictive Diseases program. $0 $2,634,405 Reduce personal services to reflect furlough savings associated with 6 days. ($52,364) ($52,364) Amount appropriated in this Act $43,290,606 $94,359,887 15.2. Adult Developmental Disabilities Services Purpose: Promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Total Funds $252,693,924 Federal Funds and Grants $40,135,688 Medical Assistance Program (CFDA 93.778) $9,087,995 Social Services Block Grant (CFDA 93.667) $30,636,459 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $411,234 Other Funds $41,218,807 Agency Funds $35,634,354 Other Funds - Not Specifically Identified $5,584,453 State Funds $171,339,429 State General Funds $161,084,291 Tobacco Settlement Funds $10,255,138 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 369 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce $31,622,732 in Medical Assistance Program (Medicaid) funds. Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009. Reduce personal services to reflect furlough savings associated with 6 days. Provide funds to enhance hospital operations and quality of care. Amount appropriated in this Act State Funds $167,851,501 ($1,706,210) Total Funds $280,828,728 ($1,706,210) $603,370 $603,370 $0 ($31,622,732) $4,495,473 $4,495,473 ($1,739,608) ($1,739,608) $1,834,903 $1,834,903 $171,339,429 $252,693,924 15.3. Adult Forensic Services Purpose: 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. Total Funds $48,124,000 State Funds $48,124,000 State General Funds $48,124,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $45,030,040 Total Funds $45,030,040 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Provide funds to enhance hospital operations and quality of care. ($690,914) ($690,914) $13,154 ($704,436) $4,476,156 $13,154 ($704,436) $4,476,156 Amount appropriated in this Act $48,124,000 $48,124,000 15.4. Adult Mental Health Services Purpose: Provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Total Funds $231,161,896 370 JOURNAL OF THE HOUSE Federal Funds and Grants $20,736,441 Community Mental Health Services Block Grant (CFDA 93.958) $7,028,203 Medical Assistance Program (CFDA 93.778) $603,179 Federal Funds Not Specifically Identified $13,105,059 Other Funds $1,503,987 Agency Funds $830,000 Other Funds - Not Specifically Identified $673,987 State Funds $208,921,468 State General Funds $208,921,468 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $212,914,878 $248,694,566 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Transfer $6,705,102 from Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Disease Service program ($1,160,830) to align budget to expenditures. Reduce $13,539,260 in Medical Assistance Program (Medicaid) funds. Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009. Reduce personal services to reflect furlough savings associated with 6 days. ($1,252,352) ($1,252,352) $83,801 $83,801 ($6,705,102) ($6,705,102) $0 ($13,539,260) $2,955,498 $2,955,498 ($1,276,866) ($1,276,866) Provide funds to enhance hospital operations and quality of care. $2,201,611 $2,201,611 Amount appropriated in this Act $208,921,468 $231,161,896 15.5. Adult Nursing Home Services Purpose: Provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. Total Funds $11,241,481 Other Funds $9,012,772 Agency Funds $9,012,772 State Funds $2,228,709 State General Funds $2,228,709 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 371 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Amount appropriated in this Act State Funds $2,383,863 ($161,251) Total Funds $11,396,635 ($161,251) $6,097 $6,097 $2,228,709 $11,241,481 15.6. Child and Adolescent Addictive Diseases Services Purpose: Provide services to children and adolescents for the safe withdrawal from abused substances and promote a transition to productive living. Total Funds $13,903,895 Federal Funds and Grants $10,930,399 Medical Assistance Program (CFDA 93.778) $226,000 Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $10,704,399 State Funds $2,973,496 State General Funds $2,973,496 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,090,414 $14,020,813 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($60,608) ($60,608) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $5,484 $5,484 Reduce personal services to reflect furlough savings associated with 6 days. ($61,794) ($61,794) Amount appropriated in this Act $2,973,496 $13,903,895 15.7. Child and Adolescent Developmental Disabilities Purpose: Provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. Total Funds $11,724,937 Federal Funds and Grants $4,055,805 Medical Assistance Program (CFDA 93.778) $3,898,692 Federal Funds Not Specifically Identified $157,113 Other Funds $5,839 372 JOURNAL OF THE HOUSE Agency Funds $5,839 State Funds $7,663,293 State General Funds $7,663,293 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,564,278 Total Funds $22,746,713 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce $11,120,791 in Medical Assistance Program (Medicaid) funds. Reduce personal services to reflect furlough savings associated with 6 days. Restore partial funding for the Marcus Autism Center. ($95,122) ($95,122) $17,121 $17,121 $0 ($11,120,791) ($96,984) ($96,984) $274,000 $274,000 Amount appropriated in this Act $7,663,293 $11,724,937 15.8. Child and Adolescent Forensic Services Purpose: Provide evaluation, treatment and residential services to children and adolescents clients referred by Georgia's criminal justice or corrections system. Total Funds $2,995,135 State Funds $2,995,135 State General Funds $2,995,135 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,082,330 Total Funds $3,082,330 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($49,708) ($49,708) $13,193 ($50,680) $13,193 ($50,680) Amount appropriated in this Act $2,995,135 $2,995,135 15.9. Child and Adolescent Mental Health Services Purpose: Provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $79,629,975 THURSDAY, FEBRUARY 11, 2010 373 Federal Funds and Grants $9,613,163 Community Mental Health Services Block Grant (CFDA 93.958) $6,686,895 Medical Assistance Program (CFDA 93.778) $2,763,783 Federal Funds Not Specifically Identified $162,485 Other Funds $2,584,814 Other Funds - Not Specifically Identified $2,584,814 State Funds $67,431,998 State General Funds $67,431,998 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $64,717,709 $85,692,045 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($305,324) ($305,324) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $29,947 $29,947 Reduce $8,776,359 in Medical Assistance Program (Medicaid) funds. $0 ($8,776,359) Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009. $3,300,968 $3,300,968 Reduce personal services to reflect furlough savings associated with 6 days. ($311,302) ($311,302) Amount appropriated in this Act $67,431,998 $79,629,975 15.10. Departmental Administration - Behavioral Health Purpose: Provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. Total Funds $39,825,770 Federal Funds and Grants $9,643,883 Medical Assistance Program (CFDA 93.778) $2,348,250 Social Services Block Grant (CFDA 93.667) $7,265,270 Federal Funds Not Specifically Identified $30,363 State Funds $30,181,887 State General Funds $30,181,887 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $30,308,951 Total Funds $35,321,969 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June ($308,616) ($308,616) 374 JOURNAL OF THE HOUSE 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Transfer $2,634,405 in Temporary Assistance for Needy Families (TANF) funds from Departmental Administration - Behavioral Health to the Adult Addictive Diseases program. Reduce personal services to reflect furlough savings associated with 6 days. Provide funds to enhance hospital operations and quality of care. Transfer $7,265,270 in Social Services Block Grant (SSBG) funds from the Department of Human Services to cover transportation costs for mental health and developmental disabilities consumers. Amount appropriated in this Act ($1,195,541) $245,620 ($1,195,541) $245,620 $0 ($2,634,405) ($314,656) $1,446,129 $0 ($314,656) $1,446,129 $7,265,270 $30,181,887 $39,825,770 15.11. Direct Care Support Services Purpose: Operate seven state-owned and operated hospitals. Total Funds $163,232,889 Other Funds $22,131,704 Agency Funds $21,332,577 Other Funds - Not Specifically Identified $799,127 State Funds $134,788,605 State General Funds $134,788,605 Intra-State Government Transfers $6,312,580 Other Intra-State Government Payments $6,312,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $120,435,376 $148,879,660 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Transfer $6,705,102 from Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Disease Service program ($1,160,830) to align budget to expenditures. Provide funds to enhance hospital operations and quality of care. ($1,773,607) ($1,773,607) $208,030 $5,544,272 $208,030 $5,544,272 $10,374,534 $10,374,534 Amount appropriated in this Act $134,788,605 $163,232,889 15.12. Substance Abuse Prevention Purpose: Promote the health and well-being of children, youth, families and communities THURSDAY, FEBRUARY 11, 2010 375 through preventing the use and/or abuse of alcohol, tobacco and drugs. Total Funds $22,861,395 Federal Funds and Grants $22,825,315 Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959) $18,456,387 Federal Funds Not Specifically Identified $4,368,928 State Funds $36,080 State General Funds $36,080 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $121,627 Total Funds $22,946,942 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($42,421) ($42,421) $124 ($43,250) $124 ($43,250) Amount appropriated in this Act $36,080 $22,861,395 The following appropriations are for agencies attached for administrative purposes. 15.13. Georgia Council on Developmental Disabilities Purpose: Promote quality services and support for people with developmental disabilities and their families. Total Funds $2,477,551 Federal Funds and Grants $2,427,624 Federal Funds Not Specifically Identified $2,427,624 State Funds $49,927 State General Funds $49,927 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $56,231 Total Funds $2,483,855 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for personal services. ($368) ($368) ($5,586) ($5,586) Reduce personal services to reflect furlough savings associated with 6 days. ($350) ($350) 376 JOURNAL OF THE HOUSE Amount appropriated in this Act $49,927 $2,477,551 15.14. Sexual Offender Review Board Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Total Funds $439,351 State Funds $439,351 State General Funds $439,351 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $906,108 $906,108 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for personal services to reflect projected expenditures. ($13,302) ($13,302) ($91,883) ($91,883) Reduce real estate rentals ($45,000) and telecommunications ($30,000) to reflect projected expenditures. Reduce personal services to reflect furlough savings associated with 6 days. Delay funding for new database creation. ($75,000) ($12,572) ($274,000) ($75,000) ($12,572) ($274,000) Amount appropriated in this Act $439,351 $439,351 Section 16: Community Affairs, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $201,004,619 $167,213,618 $167,213,618 $11,901,285 $121,153 $11,780,132 $21,889,716 $21,889,716 16.1. Building Construction Purpose: 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 Funds $460,173 Other Funds $239,704 THURSDAY, FEBRUARY 11, 2010 377 Other Funds - Not Specifically Identified $239,704 State Funds $220,469 State General Funds $220,469 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $224,284 Total Funds $463,988 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($4,004) ($4,004) ($27) ($27) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $216 $216 Amount appropriated in this Act $220,469 $460,173 16.2. Coordinated Planning Purpose: 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 Funds $4,214,052 Other Funds $157,881 Other Funds - Not Specifically Identified $157,881 State Funds $4,056,171 State General Funds $4,056,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,438,277 Total Funds $4,548,346 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($25,358) ($25,358) ($367) ($367) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 5 vacant positions. $1,730 ($235,187) $1,730 ($235,187) Replace state funds with federal and other funds for personal services. ($47,812) $0 Reduce personal services to reflect furlough savings associated with 6 ($75,112) ($75,112) 378 JOURNAL OF THE HOUSE days. Amount appropriated in this Act $4,056,171 $4,214,052 16.3. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $5,052,579 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 $1,714,176 State General Funds $1,714,176 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,798,806 $5,137,209 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($21,353) ($21,353) ($106) ($106) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. $11,941 ($75,112) $11,941 ($75,112) Amount appropriated in this Act $1,714,176 $5,052,579 16.4. Environmental Education and Assistance Purpose: 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 Funds $1,148,267 Federal Funds and Grants $69,029 Federal Funds Not Specifically Identified $69,029 Other Funds $439,500 Other Funds - Not Specifically Identified $439,500 State Funds $639,738 State General Funds $639,738 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 379 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Replace state funds with federal and other funds for personal services. Eliminate 3 vacant positions. Amount appropriated in this Act State Funds $834,291 ($14,680) Total Funds $1,279,791 ($14,680) ($103) $575 ($63,029) ($117,316) $639,738 ($103) $575 $0 ($117,316) $1,148,267 16.5. Federal Community and Economic Development Programs Purpose: Administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. Total Funds $47,013,601 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 $1,618,604 State General Funds $1,618,604 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,637,454 $47,032,451 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($20,019) ($20,019) ($131) ($131) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,300 $1,300 Amount appropriated in this Act $1,618,604 $47,013,601 16.6. Homeownership Programs Purpose: 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 380 JOURNAL OF THE HOUSE programs through a partnership with private providers. Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 16.7. Regional Services Purpose: 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 Funds $1,959,169 Other Funds $715,625 Other Funds - Not Specifically Identified $715,625 State Funds $1,243,544 State General Funds $1,243,544 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,705,859 Total Funds $2,380,859 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($22,689) ($22,689) ($354) ($354) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,722 $3,722 Replace state funds with federal and other funds for personal services. ($40,625) $0 Eliminate 5 vacant positions. ($337,135) ($337,135) Reduce operating expenses. ($65,234) ($65,234) Amount appropriated in this Act $1,243,544 $1,959,169 16.8. Rental Housing Programs Purpose: Provide affordable rental housing to very 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 Funds $123,897,564 THURSDAY, FEBRUARY 11, 2010 381 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 $2,621,738 State General Funds $2,621,738 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $2,965,377 $124,241,203 Reduce matching funds for the Federal HOME program. ($343,639) ($343,639) Amount appropriated in this Act $2,621,738 $123,897,564 16.9. Research and Surveys Purpose: Conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. Total Funds $399,819 Other Funds $24,163 Other Funds - Not Specifically Identified $24,163 State Funds $375,656 State General Funds $375,656 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $485,369 $509,532 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($8,007) ($8,007) Reflect an adjustment in the Workers' Compensation premium. ($93) ($93) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $411 $411 Eliminate 2 vacant positions. ($102,024) ($102,024) Amount appropriated in this Act $375,656 $399,819 16.10. Special Housing Initiatives Purpose: 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. 382 JOURNAL OF THE HOUSE Total Funds $5,539,161 Federal Funds and Grants $1,254,596 Federal Funds Not Specifically Identified $1,254,596 Other Funds $1,107,466 Other Funds - Not Specifically Identified $1,107,466 State Funds $3,177,099 State General Funds $3,177,099 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,332,892 Total Funds $5,694,954 Reduce funds for the Georgia Housing Finance Authority's Home Access program. ($155,793) ($155,793) Amount appropriated in this Act $3,177,099 $5,539,161 16.11. State Community Development Programs Purpose: 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 Funds $1,171,159 Federal Funds and Grants $176,301 Federal Funds Not Specifically Identified $176,301 Other Funds $121,153 Agency Funds $121,153 State Funds $873,705 State General Funds $873,705 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,201,379 Total Funds $1,327,532 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($16,015) ($16,015) ($214) ($214) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,673 $1,673 Reduce contract funds. ($74,000) ($74,000) Replace state funds with federal and other funds for personal services. ($171,301) $0 Eliminate 1 vacant position. ($67,817) ($67,817) Amount appropriated in this Act $873,705 $1,171,159 THURSDAY, FEBRUARY 11, 2010 383 16.12. State Economic Development Programs Purpose: 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 Funds $1,643,428 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 $1,475,160 State General Funds $1,475,160 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,109,356 Total Funds $3,277,624 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($1,335) ($1,335) ($7) ($7) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for Regional Economic Business Assistance Grants. $529 $529 ($1,633,383) ($1,633,383) Amount appropriated in this Act $1,475,160 $1,643,428 The following appropriations are for agencies attached for administrative purposes. 16.13. Payments to Georgia Environmental Facilities Authority Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $100,000 State Funds $100,000 State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $836,793 Total Funds $836,793 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($5,471) ($5,471) 384 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for the Georgia Rural Water Association. Replace state funds with other funds for operating expenses. Amount appropriated in this Act ($6,138) ($21,750) ($703,434) $100,000 ($6,138) ($21,750) ($703,434) $100,000 16.14. Payments to Georgia Regional Transportation Authority Purpose: 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 Development of Regional Impact. Total Funds $3,773,656 State Funds $3,773,656 State General Funds $3,773,656 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,363,180 Total Funds $4,363,180 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate 1 vacant position in Administration, 2 vacant positions in the Planning and Land Use program, and 1 vacant position in the Transportation Project Planning program. Reduce operating expenses in the Transportation Project Planning program. ($55,071) ($55,071) ($61,778) ($345,786) ($61,778) ($345,786) ($126,889) ($126,889) Amount appropriated in this Act $3,773,656 $3,773,656 16.15. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority. Section 17: Community Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant (CFDA 93.994) Medical Assistance Program (CFDA 93.778) Preventive Health and Health Services Block Grant (CFDA 93.991) State Children's Insurance Program (CFDA 93.767) $0 $12,192,777,641 $5,882,991,198 $20,595,118 $5,154,563,589 $2,855,733 $248,657,579 THURSDAY, FEBRUARY 11, 2010 385 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Federal Recovery Funds Medical Assistance Program (CFDA 93.778) Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Prior Year funds State General Funds State Funds Brain & Spinal Injury Trust Fund Care Management Organization Fees Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $15,210,445 $441,108,734 $660,277,073 $660,277,073 $313,337,948 $85,350,039 $139,386,524 $12,268,520 $41,234,213 $35,098,652 $2,168,773,858 $2,066,389 $42,524,901 $122,528,939 $1,724,284,295 $277,369,334 $3,167,397,564 $2,886,522,702 $280,857,262 $17,600 17.1. Adolescent and Adult Health Promotion Purpose: 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 $43,019,523 Federal Funds and Grants $33,144,546 Maternal and Child Health Services Block Grant (CFDA 93.994) $209,368 Preventive Health and Health Services Block Grant (CFDA 93.991) $41,694 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $15,210,445 Federal Funds Not Specifically Identified $17,683,039 Other Funds $335,000 Other Funds - Not Specifically Identified $335,000 State Funds $9,539,977 State General Funds $4,474,800 Tobacco Settlement Funds $5,065,177 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $10,101,192 Total Funds $43,580,738 386 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. Reduce funds for personal services to reflect projected expenditures. Amount appropriated in this Act ($28,479) ($28,479) ($19) ($23,046) ($243,975) ($265,696) $9,539,977 ($19) ($23,046) ($243,975) ($265,696) $43,019,523 17.2. Adult Essential Health Treatment Services Purpose: Provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees. Total Funds $9,518,930 Federal Funds and Grants $1,729,164 Preventive Health and Health Services Block Grant (CFDA 93.991) $775,110 Federal Funds Not Specifically Identified $954,054 State Funds $7,789,766 State General Funds $1,314,766 Tobacco Settlement Funds $6,475,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,809,874 Total Funds $9,539,038 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($9,603) ($9,603) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($18) ($18) Reduce personal services to reflect furlough savings associated with 6 days. ($10,487) ($10,487) Amount appropriated in this Act $7,789,766 $9,518,930 17.3. Aged, Blind and Disabled Medicaid Purpose: 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 for nursing homes pursuant to Article 6A. Total Funds $4,258,484,494 THURSDAY, FEBRUARY 11, 2010 387 Federal Funds and Grants $2,592,939,976 Medical Assistance Program (CFDA 93.778) $2,590,152,762 Federal Funds Not Specifically Identified $2,787,214 Federal Recovery Funds $354,461,969 Medical Assistance Program (CFDA 93.778) $354,461,969 Other Funds $63,186,723 Agency Funds $62,342,988 Prior Year funds State General Funds $843,735 State Funds $980,607,194 Nursing Home Provider Fees $122,528,939 State General Funds $858,078,255 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: Amount from prior Appropriation Act (HB119) State Funds Total Funds $950,769,284 $4,125,341,336 Recognize FY 2009 reserves and reduce state funds. ($843,735) $0 Reduce state funds to reflect additional recoveries from a national drug settlement (Total Funds: $28,541,797). Revise pre-admission screening and resident review (PASSR) contract and use community service boards (Total Funds: $2,560,116). Transfer funds from Low-Income Medicaid ($22,684,057) and PeachCare ($21,525,544) to Aged, Blind and Disabled Medicaid to align with projected expense (Total Funds: $175,588,477). Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009 for ($340,939,753). ($7,186,243) ($28,541,797) ($644,585) ($2,560,116) $44,209,601 $175,588,477 $0 $0 Complete prior year cost settlements for outpatient hospital services. ($3,797,128) ($3,797,128) Reduce funds to reflect savings from relocating 5% more of long stay ventilator patients out of acute care settings and into skilled nursing facilities. ($1,900,000) ($7,546,278) Amount appropriated in this Act $980,607,194 $4,258,484,494 17.4. Departmental Administration and Program Support Purpose: Provide administrative support to all departmental programs. Total Funds Federal Funds and Grants Medical Assistance Program (CFDA 93.778) Preventive Health and Health Services Block Grant (CFDA 93.991) State Children's Insurance Program (CFDA 93.767) $398,825,535 $279,187,848 $250,586,171 $31,070 $23,154,035 388 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified $5,416,572 Other Funds $7,967,924 Agency Funds $7,967,924 State Funds $89,444,095 State General Funds $89,312,300 Tobacco Settlement Funds $131,795 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 (HB119) $111,332,070 $422,007,049 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($321,085) ($321,085) Reflect an adjustment in the Workers' Compensation premium. ($121,108) ($121,108) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($823,479) ($823,479) Reduce personal services to reflect furlough savings associated with 6 days. ($433,274) ($433,274) Reduce funding for the following contracts: Georgia Partnership for Caring ($6,000), actuarial services ($200,000), computer systems and services ($3,146,216), APS administrative services only ($523,392), and child support recovery ($250,000).(H:Reduce funding for the following contracts: Georgia Partnership for Caring ($75,000), actuarial services ($200,000), computer systems and services ($3,146,216), APS administrative services only ($523,392), and child support recovery ($250,000).) ($4,194,608) ($8,606,648) Reduce funds for equipment purchase ($18,969), real estate ($70,000), regular operating expenses ($70,000), and temporary staffing ($100,000). ($240,000) ($380,000) Eliminate consultant contracts with Nichols Cauley for services related to the health and human services agencies restructuring. ($760,000) ($760,000) Reduce funds for personal services to reflect projected expenditures (Total Funds: $2,616,984). ($1,046,794) ($2,616,984) Reduce funding for legal assistance with Medicaid and PeachCare issues (Total Funds: $350,000). ($175,000) ($350,000) Replace state funds with prior year reserve funds from the Indigent ($5,221,942) $0 Care Trust Fund. Recognize prior year restricted funds from Nursing Home Civil Monetary Penalties collected by DCH, and redirect to the Long Term Care Ombudsman and Adult Protective Services programs administered by the Department of Human Services (Total Funds: $1,611,520). $0 $1,611,520 Implement new cost allocation plan. ($3,118,997) $0 THURSDAY, FEBRUARY 11, 2010 389 Transfer tobacco funds from the Department of Human Services to accurately reflect the health and human services agencies restructuring. Reduce unearnable Temporary Assistance for Needy Families (TANF) Block Grant funds (Total Funds: $1,182,023). Eliminate GAMMP contract due to not producing intended results. Operational efficiencies. Amount appropriated in this Act $131,795 $131,795 $0 ($1,182,023) ($3,766,745) ($1,796,738) $89,444,095 ($7,533,490) ($1,796,738) $398,825,535 17.5. 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 $67,928,063 Federal Funds and Grants $41,897,306 Preventive Health and Health Services Block Grant (CFDA 93.991) $727,429 Federal Funds Not Specifically Identified $41,169,877 State Funds $26,030,757 State General Funds $26,030,757 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $26,238,183 Total Funds $68,135,489 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days. Reflect savings in personal services. ($25,672) ($25,672) ($26,506) ($54,437) ($26,506) ($54,437) Reduce funds for regular operating expenses. ($100,811) ($100,811) Amount appropriated in this Act $26,030,757 $67,928,063 17.6. Epidemiology Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $8,537,809 Federal Funds and Grants $4,701,098 Preventive Health and Health Services Block Grant (CFDA 93.991) $196,750 Federal Funds Not Specifically Identified $4,504,348 State Funds $3,819,111 State General Funds $3,703,474 390 JOURNAL OF THE HOUSE Tobacco Settlement Funds $115,637 Intra-State Government Transfers $17,600 Other Intra-State Government Payments $17,600 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $4,451,191 Total Funds $9,169,889 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for the Georgia Poison Control Center to reflect a change in the Medicaid federal participation rate. Reduce operating expenses. ($28,017) ($28,017) ($1,594) ($348,412) ($230,953) ($1,594) ($348,412) ($230,953) Reduce personal services to reflect furlough savings associated with 6 days. ($23,104) ($23,104) Amount appropriated in this Act $3,819,111 $8,537,809 17.7. Health Care Access and Improvement Purpose: 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 Funds $7,725,328 Federal Funds and Grants $588,838 Medical Assistance Program (CFDA 93.778) $588,838 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $7,036,490 State General Funds $6,786,490 Tobacco Settlement Funds $250,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,627,211 Total Funds $10,316,049 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($50,525) ($50,525) ($626) ($626) THURSDAY, FEBRUARY 11, 2010 391 Reduce funds for personal services to reflect projected expenditures. Reduce funds for the following grants: Chatham County Board of Health ($17,888), Rural Health Association ($2,400), St. Joseph Mercy Care ($14,660), Area Health Education Centers ($156,371), Southeastern Firefighters Burn Foundation ($20,000). (H:Reduce funds for the following grants: Chatham County Board of Health ($55,901), Rural Health Association ($15,000), St. Joseph Mercy Care ($45,811), Area Health Education Centers ($156,371), Southeastern Firefighters Burn Foundation ($62,500). ) Reduce funding for Federally Qualified Health Center Startup ($1,000,000) and Behavioral Health Integration ($1,000,000) sites. Reduce personal services to reflect furlough savings associated with 6 days. Increase funds for 1 "new start" Federally Qualified Health Center with priority given to those sites that are most ready as designated by the Georgia Association for Primary Health Care. Amount appropriated in this Act ($405,034) ($335,583) ($405,034) ($335,583) ($2,000,000) ($2,000,000) ($48,953) ($48,953) $250,000 $250,000 $7,036,490 $7,725,328 17.8. Immunization Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $19,420,376 Federal Funds and Grants $16,718,032 Maternal and Child Health Services Block Grant (CFDA 93.994) $7,164,877 Preventive Health and Health Services Block Grant (CFDA 93.991) $587,424 Federal Funds Not Specifically Identified $8,965,731 State Funds $2,702,344 State General Funds $2,702,344 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,752,905 $19,470,937 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($50,561) ($50,561) Amount appropriated in this Act $2,702,344 $19,420,376 17.9. Indigent Care Trust Fund Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians. Total Funds $428,641,975 Federal Funds and Grants $257,075,969 Medical Assistance Program (CFDA 93.778) $257,075,969 Federal Recovery Funds $6,606,980 392 JOURNAL OF THE HOUSE Medical Assistance Program (CFDA 93.778) $6,606,980 Other Funds $150,450,219 Agency Funds $2,200,000 Indigent Care Trust Fund - Public Hospital Authorities $139,386,524 Other Funds - Not Specifically Identified $8,863,695 State Funds $14,508,807 State General Funds $14,508,807 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $0 $414,133,168 Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (H:Provide state matching funds for the private hospitals to participate in the Disproportionate Share Hospital (DSH) program. ) $14,508,807 $14,508,807 Amount appropriated in this Act $14,508,807 $428,641,975 17.10. Infant and Child Essential Health Treatment Services Purpose: Avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. Total Funds $56,235,952 Federal Funds and Grants $29,775,463 Maternal and Child Health Services Block Grant (CFDA 93.994) $8,126,442 Medical Assistance Program (CFDA 93.778) $1,788,160 Preventive Health and Health Services Block Grant (CFDA 93.991) $161,251 Federal Funds Not Specifically Identified $19,699,610 State Funds $26,460,489 State General Funds $26,460,489 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $27,310,351 $57,085,814 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($24,418) ($24,418) ($1,771) ($22,009) ($1,771) ($22,009) Reduce funds for regular operating expenses ($40,720) and contractual services ($22,133). ($62,853) ($62,853) THURSDAY, FEBRUARY 11, 2010 393 Reduce funds for programmatic grant-in-aid to Public Health Districts. Reflect savings in personal services and eliminate 1 vacant position. Reduce funds for the Georgia Rural Water Association contract. Reduce administrative allocations to Regional Tertiary Care Centers. Amount appropriated in this Act ($469,936) ($63,298) ($8,897) ($196,680) $26,460,489 ($469,936) ($63,298) ($8,897) ($196,680) $56,235,952 17.11. Infant and Child Health Promotion Purpose: Provide education and services to promote health and nutrition for infants and children. Total Funds $295,320,856 Federal Funds and Grants $283,834,165 Maternal and Child Health Services Block Grant (CFDA 93.994) $4,409,732 Medical Assistance Program (CFDA 93.778) $4,202,699 Federal Funds Not Specifically Identified $275,221,734 Other Funds $119,825 Other Funds - Not Specifically Identified $119,825 State Funds $11,366,866 State General Funds $11,366,866 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $11,963,850 $295,917,840 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($44,412) ($44,412) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for regular operating expenses, training contracts, and temporary staffing. Reduce funds and delay implementation of the new hearing aid loan initiative. Reduce funds for American Academy of Pediatrics contract. ($2,807) ($35,466) ($78,677) ($297,187) ($23,653) ($2,807) ($35,466) ($78,677) ($297,187) ($23,653) Discontinue health education and training provided through the Maternal Child Health Population-Based Project. Reduce grant-in-aid funds for the School Health Programs. ($75,000) ($39,782) ($75,000) ($39,782) Amount appropriated in this Act $11,366,866 $295,320,856 394 JOURNAL OF THE HOUSE 17.12. Infectious Disease Control Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $87,594,537 Federal Funds and Grants $57,577,510 Maternal and Child Health Services Block Grant (CFDA 93.994) $484,489 Medical Assistance Program (CFDA 93.778) $145,398 Federal Funds Not Specifically Identified $56,947,623 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $29,867,027 State General Funds $29,867,027 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $30,085,654 $87,813,164 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($104,862) ($104,862) ($1,570) ($112,195) ($1,570) ($112,195) Amount appropriated in this Act $29,867,027 $87,594,537 17.13. Injury Prevention Purpose: Provide education and services to prevent injuries due to fires, automobile accidents, violence against women, shaken babies, and child accidents. Total Funds $1,414,449 Federal Funds and Grants $1,141,025 Preventive Health and Health Services Block Grant (CFDA 93.991) $112,005 Federal Funds Not Specifically Identified $1,029,020 State Funds $273,424 State General Funds $273,424 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $300,404 Total Funds $1,441,429 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to ($1,526) ($1,526) THURSDAY, FEBRUARY 11, 2010 395 November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for personal services to reflect projected expenditures. ($24,032) ($24,032) Reduce personal services to reflect furlough savings associated with 6 days. ($1,422) ($1,422) Amount appropriated in this Act $273,424 $1,414,449 17.14. 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 $5,208,086 Federal Funds and Grants $1,130,537 Maternal and Child Health Services Block Grant (CFDA 93.994) $200,210 Preventive Health and Health Services Block Grant (CFDA 93.991) $223,000 Federal Funds Not Specifically Identified $707,327 Other Funds $438,262 Agency Funds $438,262 State Funds $3,639,287 State General Funds $3,639,287 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,952,800 Total Funds $5,521,599 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for personal services to reflect projected expenditures. ($30,971) ($30,971) ($252,890) ($252,890) Reduce personal services to reflect furlough savings associated with 6 days. ($29,652) ($29,652) Amount appropriated in this Act $3,639,287 $5,208,086 17.15. Low Income Medicaid Purpose: Provide healthcare access primarily to low-income individuals. Total Funds $3,175,817,638 Federal Funds and Grants $2,046,097,046 Medical Assistance Program (CFDA 93.778) $2,046,097,046 Federal Recovery Funds $299,208,124 Medical Assistance Program (CFDA 93.778) $299,208,124 Other Funds $48,964,213 Agency Funds $12,328,316 396 JOURNAL OF THE HOUSE Other Funds - Not Specifically Identified $2,700,000 Prior Year funds State General Funds $33,935,897 State Funds $768,131,408 Care Management Organization Fees $37,557,487 State General Funds $465,242,196 Tobacco Settlement Funds $265,331,725 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 (HB119) $865,394,802 $3,408,512,930 Revise Low Income Medicaid projection to reflect updated unemployment data and enrollment trends in the Breast and Cervical Cancer waiver program. ($20,200,844) ($80,232,242) Recognize recoveries and enrollment adjustment related to member merge reconciliations. $0 $0 Recognize FY 2009 reserves and reduce state funds. ($33,935,897) $0 Reduce state funds to reflect additional recoveries from a national drug settlement (Total Funds: $5,664,577). ($1,426,225) ($5,664,577) Transfer funds from Low-Income Medicaid program to Aged, Blind, and Disabled Medicaid program to align with projected expense (Total Funds: $90,094,887). ($22,684,057) ($90,094,887) Reclassify federal funds as increased federal medical assistance percentage (FMAP) funds provided in the American Recovery and Reinvestment Act of 2009 ($330,448,456). $0 $0 Complete prior year cost settlements for outpatient hospital services. ($6,860,503) ($6,860,503) Reflect delayed implementation of the family planning waiver (Total Funds: $2,250,000). ($225,000) ($2,250,000) Provide for an expenditure adjustment. ($11,930,868) ($47,593,083) Amount appropriated in this Act $768,131,408 $3,175,817,638 17.16. PeachCare Purpose: Provide health insurance coverage for qualified low-income Georgia children. Total Funds $296,278,437 Federal Funds and Grants $225,503,544 State Children's Insurance Program (CFDA 93.767) $225,503,544 Other Funds $319,020 Prior Year funds State General Funds $319,020 State Funds $70,304,090 Care Management Organization Fees $4,967,414 State General Funds $65,336,676 THURSDAY, FEBRUARY 11, 2010 397 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 (HB119) $92,904,956 $382,528,329 Recognize FY 2009 reserves and reduce state funds. ($319,020) $0 Transfer funds from PeachCare to Aged, Blind, and Disabled Medicaid program to align with projected expense (Total Funds: $85,493,590). ($21,525,544) ($85,493,590) Complete prior year cost settlements for outpatient hospital services. ($756,302) ($756,302) Amount appropriated in this Act $70,304,090 $296,278,437 17.17. Planning and Regulatory Services Purpose: Inspect and license long term care and health care facilities. Total Funds $14,908,997 Federal Funds and Grants $8,461,900 Medical Assistance Program (CFDA 93.778) $2,939,995 Federal Funds Not Specifically Identified $5,521,905 Other Funds $72,549 Agency Funds $72,549 State Funds $6,374,548 State General Funds $6,374,548 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,542,404 $15,076,853 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($63,407) ($63,407) ($26,928) ($77,521) ($26,928) ($77,521) Amount appropriated in this Act $6,374,548 $14,908,997 17.18. Public Health Formula Grants to Counties Purpose: Provide general grant-in-aid to county boards of health delivering local public health services. Total Funds $61,477,235 Federal Funds and Grants $986,551 398 JOURNAL OF THE HOUSE Medical Assistance Program (CFDA 93.778) $986,551 State Funds $60,490,684 State General Funds $60,490,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reduce general grant-in-aid funds to County Boards of Health. Amount appropriated in this Act State Funds $68,154,008 ($1,674,678) Total Funds $69,140,559 ($1,674,678) ($44,793) ($5,943,853) $60,490,684 ($44,793) ($5,943,853) $61,477,235 17.19. State Health Benefit Plan Purpose: 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 Funds $2,905,531,2 47 Other Funds $41,234,213 Prior Year Funds - Other $41,234,213 Intra-State Government Transfers $2,864,297,0 34 Health Insurance Payments $2,864,297,0 34 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $0 $2,811,029,108 Release long-term investment funds for Other Post-Employment Benefits (OPEB) from the State Employee OPEB Fund and the School Personnel OPEB Fund, and utilize funds to support current retiree expenditures (Total Funds: $170,738,260). $0 $170,738,260 Reduce employer contribution rates effective September 2009 through November 2009 for state employees (22.165% to 16.581%) and teachers (18.534% to 14.492%), and reduce the Department of Education's contribution for non-certificated employees to reflect available OPEB funds (Total Funds: $165,961,166). Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year $0 ($165,961,166) $0 $24,175,306 THURSDAY, FEBRUARY 11, 2010 399 2010 (Total Funds: $24,175,306). Reflect projected savings achieved through plan design changes implemented in Plan Year 2010 (Total Funds: $104,581,299). Reduce employer contribution rates effective April 2010 through June 2010 for state employees (22.165% to 20.618%) and teachers (18.534% to 17.418%), and reduce the Department of Education's contribution for non-certificated employees (Total Funds: $74,790,406). Reflect FY 2009 Incurred But Not Reported (IBNR) reserve funds (Total Funds: $237,631,000). Adjust FY 2009 net assets to reflect FY 2009 expenditures (Total Funds: $123,334,874). Utilize FY 2009 net assets ($45,285,224) and partial IBNR reserves ($196,396,787) to cover projected expense (Total Funds: $241,682,011). Increase funds to reflect projected revenue (Total Funds: $267,726,030). Amount appropriated in this Act $0 $0 $0 ($74,790,406) $0 $237,631,000 $0 ($123,334,874) $0 ($241,682,011) $0 $267,726,030 $0 $2,905,531,247 17.20. Vital Records Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents. Total Funds $4,113,022 Federal Funds and Grants $500,680 Federal Funds Not Specifically Identified $500,680 State Funds $3,612,342 State General Funds $3,612,342 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,690,567 $4,191,247 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days. ($40,888) ($40,888) ($37,337) ($37,337) Amount appropriated in this Act $3,612,342 $4,113,022 The following appropriations are for agencies attached for administrative purposes. 17.21. Brain and Spinal Injury Trust Fund Purpose: Provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. 400 JOURNAL OF THE HOUSE Total Funds $2,066,389 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: Amount from prior Appropriation Act (HB119) Reduce unrealized other funds. Reduce personal services to reflect furlough savings associated with 6 days. (H:YES) Amount appropriated in this Act State Funds $2,066,389 $0 $0 $2,066,389 Total Funds $2,069,639 ($3,250) $0 $2,066,389 17.22. Georgia Composite Medical Board Purpose: License qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. Also, investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. Total Funds $1,902,227 State Funds $1,902,227 State General Funds $1,902,227 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,117,581 $2,117,581 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Defer purchase of statistical analysis software. ($24,704) ($24,704) $3,746 ($1,500) $3,746 ($1,500) Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for personal services to reflect delayed hires and reduction of board meeting days. ($27,228) ($165,668) ($27,228) ($165,668) Amount appropriated in this Act $1,902,227 $1,902,227 17.23. Georgia Board for Physician Workforce: Board Administration Purpose: Provide administrative support to all agency programs. Total Funds $590,854 THURSDAY, FEBRUARY 11, 2010 401 State Funds $590,854 State General Funds $590,854 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $677,827 $677,827 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($5,424) ($5,424) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,531 $2,531 Reduce personal services to reflect furlough savings associated with 6 days. ($6,070) ($6,070) Reduce funds for personal services to reflect projected expenditures. ($78,010) ($78,010) Amount appropriated in this Act $590,854 $590,854 17.24. 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 $8,613,929 State Funds $8,613,929 State General Funds $8,613,929 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $9,353,061 $9,353,061 Reduce funds for graduate medical education. ($739,132) ($739,132) Amount appropriated in this Act $8,613,929 $8,613,929 17.25. Georgia Board for Physician Workforce: Mercer School of Medicine Grant Purpose: 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 Funds $21,145,389 State Funds $21,145,389 State General Funds $21,145,389 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $23,494,877 Total Funds $23,494,877 Reduce funds for Mercer University School of Medicine operating ($2,349,488) ($2,349,488) 402 JOURNAL OF THE HOUSE grant. Amount appropriated in this Act $21,145,389 $21,145,389 17.26. Georgia Board for Physician Workforce: Morehouse School of Medicine Grant Purpose: 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 Funds $8,762,238 State Funds $8,762,238 State General Funds $8,762,238 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $12,433,187 Total Funds $12,433,187 Reduce Morehouse School of Medicine operating grant to reflect onetime FMAP funds provided in the American Recovery and Reinvestment Act of 2009. Reduce funds for Morehouse School of Medicine operating grant. ($3,503,827) ($3,503,827) ($167,122) ($167,122) Amount appropriated in this Act $8,762,238 $8,762,238 17.27. 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 medical schools in Georgia. Total Funds $2,520,838 State Funds $2,520,838 State General Funds $2,520,838 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,538,484 $3,538,484 Reduce funds from the undergraduate medical education program. ($291,832) ($291,832) Reduce funds for undergraduate medical education payments to Morehouse School of Medicine. ($725,814) ($725,814) Amount appropriated in this Act $2,520,838 $2,520,838 17.28. 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 $1,173,288 State Funds $1,173,288 State General Funds $1,173,288 THURSDAY, FEBRUARY 11, 2010 403 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,328,641 Total Funds $1,328,641 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for the medical scholarship program ($60,000) and physicians for rural assistance loan repayment program ($50,000). Reduce funds for personal services to reflect projected expenditures. Reduce funds for the annual medical fair. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($2,486) ($2,486) $590 ($110,000) ($34,105) ($6,536) ($2,816) $1,173,288 $590 ($110,000) ($34,105) ($6,536) ($2,816) $1,173,288 Section 18: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery 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 $1,091,317,595 $5,424,199 $5,424,199 $97,234,674 $97,234,674 $30,623,271 $30,623,271 $948,796,158 $948,796,158 $9,239,293 $9,239,293 18.1. Bainbridge Probation Substance Abuse Treatment Center Purpose: 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 Funds $6,137,151 Other Funds $172,046 Other Funds - Not Specifically Identified $172,046 State Funds $5,965,105 State General Funds $5,965,105 404 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 (HB119) $6,169,255 $6,362,044 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($45,218) ($45,218) Reflect an adjustment in the Workers' Compensation premium. ($621) ($621) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($3,434) ($3,434) Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program (Total funds: $124,444). ($103,701) ($124,444) Reduce personal services to reflect furlough savings associated with 6 days. ($51,176) ($51,176) Amount appropriated in this Act $5,965,105 $6,137,151 18.2. County Jail Subsidy Purpose: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. Total Funds $10,216,529 State Funds $10,216,529 State General Funds $10,216,529 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,596,724 $7,596,724 Increase funding for jail subsidy based on utilization. $1,419,805 $1,419,805 Redistribute funds from Health program savings for increased jail subsidy utilization. $1,200,000 $1,200,000 Amount appropriated in this Act $10,216,529 $10,216,529 18.3. Departmental Administration Purpose: To protect and serve the citizens of Georgia by providing an effective and efficient department that administers a balanced correctional system. Total Funds $53,973,832 Federal Funds and Grants $1,996,812 Federal Funds Not Specifically Identified $1,996,812 Other Funds $148,359 Other Funds - Not Specifically Identified $148,359 State Funds $51,828,661 THURSDAY, FEBRUARY 11, 2010 405 State General Funds $51,828,661 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $54,271,797 Total Funds $56,416,968 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($420,912) ($420,912) ($3,592) ($3,592) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,627,918) ($1,627,918) Reduce personal services to reflect furlough savings associated with 6 days. ($390,714) ($390,714) Amount appropriated in this Act $51,828,661 $53,973,832 18.4. Detention Centers Purpose: 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 Funds $36,847,934 Federal Funds and Grants $252,380 Federal Funds Not Specifically Identified $252,380 Other Funds $6,002,836 Other Funds - Not Specifically Identified $6,002,836 State Funds $30,576,227 State General Funds $30,576,227 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 (HB119) $33,760,779 $40,452,081 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($397,326) ($397,326) Reflect an adjustment in the Workers' Compensation premium. ($4,582) ($4,582) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($52,581) ($52,581) Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program (Total Funds: $1,020,682). ($601,087) ($1,020,682) 406 JOURNAL OF THE HOUSE Realize savings from the closure of 3 probation detention centers in April 2010. Reduce personal services to reflect furlough savings associated with 6 days. ($1,662,768) ($1,662,768) ($466,208) ($466,208) Amount appropriated in this Act $30,576,227 $36,847,934 18.5. Food and Farm Operations Purpose: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. Total Funds $27,792,062 Federal Funds and Grants $1,069,721 Federal Funds Not Specifically Identified $1,069,721 Other Funds $2,100,000 Other Funds - Not Specifically Identified $2,100,000 State Funds $24,622,341 State General Funds $24,622,341 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,271,758 Total Funds $16,371,758 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($60,879) ($60,879) ($730) ($730) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($9,751) ($9,751) Recognize savings based on delayed occupancy dates for Telfair State Prison. ($16,927) ($16,927) Redistribute funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transition Centers programs to align all food services contract funding in one program (Total Funds: $11,582,845). Reduce personal services to reflect furlough savings associated with 6 days. $10,513,124 $11,582,845 ($74,254) ($74,254) Amount appropriated in this Act $24,622,341 $27,792,062 18.6. Health Purpose: 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 Funds $217,598,027 Other Funds $8,390,000 Other Funds - Not Specifically Identified $8,390,000 State Funds $209,208,027 THURSDAY, FEBRUARY 11, 2010 407 State General Funds $209,208,027 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $214,129,769 $222,519,769 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($136,301) ($136,301) ($1,591) ($1,591) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($3,500) ($3,500) Recognize savings based on delayed occupancy dates for Telfair State Prison. Reduce personal services to reflect furlough savings associated with 6 days. Realize savings from the closure of Bostick State Prison (694 beds) in May 2010. Realize savings from the closure of 3 probation detention centers in April 2010. Reduce contract amount for Georgia Correctional Healthcare (GCHC) to reflect furlough savings associated with 6 days. Redistribute funds to the County Jail Subsidy program based on program efficiencies. (H:Recognize additional efficiencies.) ($18,390) ($18,390) ($176,062) ($176,062) ($417,962) ($417,962) ($198,000) ($198,000) ($969,936) ($969,936) ($3,000,000) ($3,000,000) Amount appropriated in this Act $209,208,027 $217,598,027 18.7. Offender Management Purpose: 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 Funds $42,418,313 Other Funds $30,000 Other Funds - Not Specifically Identified $30,000 State Funds $42,388,313 State General Funds $42,388,313 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $42,484,560 Total Funds $42,514,560 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($35,691) ($35,691) 408 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($464) ($16,526) ($43,566) $42,388,313 ($464) ($16,526) ($43,566) $42,418,313 18.8. Parole Revocation Centers Purpose: 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 Funds $4,525,894 Federal Funds and Grants $7,500 Federal Funds Not Specifically Identified $7,500 Other Funds $405,000 Other Funds - Not Specifically Identified $405,000 State Funds $4,113,394 State General Funds $4,113,394 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,343,479 $4,758,989 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($54,695) ($54,695) ($621) ($621) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program (Total Funds: $115,663). Reduce personal services to reflect furlough savings associated with 6 days. ($6,336) ($112,653) ($6,336) ($115,663) ($55,780) ($55,780) Amount appropriated in this Act $4,113,394 $4,525,894 18.9. Private Prisons Purpose: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. Total Funds $82,848,625 State Funds $82,848,625 State General Funds $82,848,625 THURSDAY, FEBRUARY 11, 2010 409 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $86,779,503 $86,779,503 Adjust funds due to a change in the expected occupancy dates for private prison expansions. ($3,500,000) ($3,500,000) Reduce contract amount to private prison providers to reflect furlough savings associated with 3 days. (H:Reflect 6 furlough days. ) ($430,878) ($430,878) Amount appropriated in this Act $82,848,625 $82,848,625 18.10. Probation Supervision Purpose: 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 Funds $85,645,391 Federal Funds and Grants $60,032 Federal Funds Not Specifically Identified $60,032 Other Funds $1,625,218 Other Funds - Not Specifically Identified $1,625,218 State Funds $83,960,141 State General Funds $83,960,141 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $86,870,767 Total Funds $88,556,017 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($932,940) ($932,940) ($10,270) ($10,270) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($208,360) ($208,360) Reduce personal services to reflect furlough savings associated with 6 days. ($1,721,056) ($1,721,056) Eliminate one-time funds. ($38,000) ($38,000) Amount appropriated in this Act $83,960,141 $85,645,391 18.11. State Prisons Purpose: 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 410 JOURNAL OF THE HOUSE services and work details to the Department, state agencies, and local communities. Total Funds $496,463,635 Federal Funds and Grants $2,037,754 Federal Funds Not Specifically Identified $2,037,754 Federal Recovery Funds $97,234,674 Federal Recovery Funds Not Specifically Identified $97,234,674 Other Funds $11,749,812 Other Funds - Not Specifically Identified $11,749,812 State Funds $376,218,593 State General Funds $376,218,593 Intra-State Government Transfers $9,222,802 Other Intra-State Government Payments $9,222,802 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $407,956,113 $529,552,724 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($5,258,427) ($5,258,427) ($71,757) ($71,757) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Realize savings from the closure of Scott State Prison (1,748 beds) in mid-August 2009. Recognize savings based on delayed occupancy dates for Telfair State Prison. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program (Total Funds: $9,767,330). Reduce personal services to reflect furlough savings associated with 6 days. Realize savings from the closure of Bostick State Prison (694 beds) in May 2010. Remove one-time Department of Administrative Services (DOAS) surplus property reserve funds (Other Funds: $725,196). ($554,897) ($554,897) ($8,867,106) ($8,867,106) ($812,970) ($812,970) ($9,140,957) ($9,767,330) ($5,910,426) ($5,910,426) ($1,120,980) ($1,120,980) $0 ($725,196) Amount appropriated in this Act $376,218,593 $496,463,635 18.12. Transition Centers Purpose: 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 Funds $26,850,202 THURSDAY, FEBRUARY 11, 2010 411 State Funds $26,850,202 State General Funds $26,850,202 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program (Total Funds: $554,726). Reduce personal services to reflect furlough savings associated with 6 days. Remove one-time Department of Administrative Services surplus property reserve funds (Other Funds: $231,128). Amount appropriated in this Act State Funds $28,005,563 ($251,819) Total Funds $28,236,691 ($251,819) ($4,288) ($37,270) ($554,726) ($4,288) ($37,270) ($554,726) ($307,258) $0 $26,850,202 ($307,258) ($231,128) $26,850,202 Section 19: 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 $39,428,888 $28,453,498 $28,453,498 $1,173,616 $1,156,311 $17,305 $9,801,774 $9,801,774 19.1. Departmental Administration Purpose: The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. Total Funds $1,492,667 Federal Funds and Grants $409,445 Federal Funds Not Specifically Identified $409,445 State Funds $1,083,222 State General Funds $1,083,222 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 412 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) State Funds $1,129,559 Total Funds $1,539,004 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($19,200) and 3 additional days ($9,600). Amount appropriated in this Act ($15,908) ($15,908) ($1,414) ($215) ($28,800) $1,083,222 ($1,414) ($215) ($28,800) $1,492,667 19.2. Military Readiness Purpose: 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 Funds $25,739,217 Federal Funds and Grants $20,240,930 Federal Funds Not Specifically Identified $20,240,930 Other Funds $1,173,616 Agency Funds $1,156,311 Other Funds - Not Specifically Identified $17,305 State Funds $4,324,671 State General Funds $4,324,671 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,674,065 $26,088,611 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($40,489) ($40,489) ($3,599) ($3,599) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($47,334) and 3 additional days ($23,667). Reduce personal services to reflect operational changes. ($743) ($71,001) ($188,688) ($743) ($71,001) ($188,688) Delay filling vacant communications/outreach specialist position. ($44,874) ($44,874) THURSDAY, FEBRUARY 11, 2010 413 Amount appropriated in this Act $4,324,671 $25,739,217 19.3. Youth Educational Services Purpose: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. Total Funds $12,197,004 Federal Funds and Grants $7,803,123 Federal Funds Not Specifically Identified $7,803,123 State Funds $4,393,881 State General Funds $4,393,881 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,890,116 $12,693,239 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($57,292) ($57,292) ($5,090) ($5,090) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate one platoon (approximately 40-50 students) at each academy. (H:Platoons will not be eliminated. The amount will be met through unmatched funds and internal absorption.) Reduce personal services to reflect furlough savings associated with 6 days. ($109) ($369,744) ($109) ($369,744) ($64,000) ($64,000) Amount appropriated in this Act $4,393,881 $12,197,004 Section 20: Driver Services, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $56,401,769 $2,844,040 $2,844,040 $53,557,729 $53,557,729 20.1. Customer Service Support Purpose: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Total Funds $9,199,788 Other Funds $500,857 414 JOURNAL OF THE HOUSE Other Funds - Not Specifically Identified State Funds State General Funds $500,857 $8,698,931 $8,698,931 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,873,366 $9,374,223 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($73,207) ($73,207) Reflect an adjustment in the Workers' Compensation premium. $18,050 $18,050 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $332,155 $332,155 Reduce personal services to reflect furlough savings associated with 6 days ($73,496) and 6 additional days ($73,496). ($146,992) ($146,992) Recognize savings due to cancellation or renegotiation of agency contracts. ($90,686) ($90,686) Reduce personal services to reflect furlough savings associated with furloughing all temporary and contract employees for 12 total days. ($1,362) ($1,362) Reduce operating expenses. ($122,490) ($122,490) Reduce personal services. ($89,903) ($89,903) Amount appropriated in this Act $8,698,931 $9,199,788 20.2. License Issuance Purpose: 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 Funds $45,737,094 Other Funds $1,827,835 Other Funds - Not Specifically Identified $1,827,835 State Funds $43,909,259 State General Funds $43,909,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $47,826,890 $49,654,725 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($450,162) ($450,162) THURSDAY, FEBRUARY 11, 2010 415 Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Recognize savings due to cancellation or renegotiation of agency contracts. Reduce operating expenses. Reduce personal services to reflect furlough savings associated with 6 days ($525,075) and 6 additional days ($525,075). Recognize implementation delays for the new Digitized Licensing System. Realize savings due to the deferment of the Cartersville and Statesboro Customer Service Centers relocation. Recognize savings based on construction delays in the opening of the Walton County, Greene County, and the Forsyth County Customer Service Centers. Eliminate 6 temporary data entry staff. Reduce personal services. Amount appropriated in this Act $110,994 $763,161 $110,994 $763,161 ($63,238) ($63,238) ($191,658) ($1,050,150) ($191,658) ($1,050,150) ($1,576,080) ($1,576,080) ($41,546) ($41,546) ($686,919) ($686,919) ($151,129) ($580,904) $43,909,259 ($151,129) ($580,904) $45,737,094 20.3. Regulatory Compliance Purpose: 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 Funds $1,464,887 Other Funds $515,348 Other Funds - Not Specifically Identified $515,348 State Funds $949,539 State General Funds $949,539 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,551,505 $3,066,853 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($10,944) ($10,944) $2,698 $2,698 Reduce personal services to reflect furlough savings associated with 6 days ($19,244) and 6 additional days ($19,243). Reduce personal services to reflect furlough savings associated with furloughing all temporary and contract employees for 12 total days. Reduce operating expenses. ($38,487) ($1,701) ($32,786) ($38,487) ($1,701) ($32,786) 416 JOURNAL OF THE HOUSE Reduce personal services. Remove funding associated with the Georgia Driver's Education Commission grants. Amount appropriated in this Act ($20,746) ($1,500,000) ($20,746) ($1,500,000) $949,539 $1,464,887 Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants Child Care & Development Block Grant (CFDA 93.575) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds $491,117,896 $147,004,042 $34,668,595 $112,335,447 $55,000 $55,000 $344,058,854 $342,770,579 $1,288,275 21.1. Child Care Services Purpose: 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 Funds $7,873,750 Federal Funds and Grants $6,530,475 Child Care & Development Block Grant (CFDA 93.575) $6,530,475 Other Funds $55,000 Other Funds - Not Specifically Identified $55,000 State Funds $1,288,275 State General Funds $1,288,275 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,944,272 Total Funds $8,083,689 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($50,470) ($50,470) $2,642 $2,642 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days (Total Funds: $158,516). Reduce board per diem to reflect actual need. $2,405 ($46,245) ($6,000) $2,405 ($158,516) ($6,000) Utilize federal funds to support child care consultants (Federal Funds: ($2,558,329) $0 THURSDAY, FEBRUARY 11, 2010 417 $2,558,329). Amount appropriated in this Act $1,288,275 $7,873,750 21.2. Nutrition Purpose: Ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. Total Funds $111,967,624 Federal Funds and Grants $111,967,624 Federal Funds Not Specifically Identified $111,967,624 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $112,000,000 Reduce personal services to reflect furlough savings associated with 6 days (Federal Funds: $32,376). $0 ($32,376) Amount appropriated in this Act $0 $111,967,624 21.3. Pre-Kindergarten Program Purpose: Provide funding, training, technical assistance, and oversight of PreKindergarten 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 Funds $343,288,402 Federal Funds and Grants $517,823 Child Care & Development Block Grant (CFDA 93.575) $150,000 Federal Funds Not Specifically Identified $367,823 State Funds $342,770,579 Lottery Funds $342,770,579 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $349,596,285 $350,114,108 Reduce personal services to reflect furlough savings associated with 6 days. ($6,825,706) ($6,825,706) Amount appropriated in this Act $342,770,579 $343,288,402 21.4. Quality Initiatives Purpose: 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 Funds $27,988,120 418 JOURNAL OF THE HOUSE Federal Funds and Grants $27,988,120 Child Care & Development Block Grant (CFDA 93.575) $27,988,120 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce personal services to reflect furlough savings associated with 6 days (Federal Funds: $11,880). Amount appropriated in this Act State Funds $0 $0 $0 Total Funds $28,000,000 ($11,880) $27,988,120 Section 22: Economic Development, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $29,979,955 $20,244 $20,244 $29,959,711 $29,959,711 22.1. Business Recruitment and Expansion Purpose: 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 Funds $8,779,532 State Funds $8,779,532 State General Funds $8,779,532 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,484,984 Total Funds $9,484,984 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($67,633) ($67,633) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($35,840) ($35,840) Eliminate 9 vacant positions. ($486,429) ($486,429) Reduce travel expenses. ($41,546) ($41,546) Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for marketing. ($74,004) $0 ($74,004) $0 Amount appropriated in this Act $8,779,532 $8,779,532 THURSDAY, FEBRUARY 11, 2010 419 22.2. Departmental Administration Purpose: Influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. Total Funds $4,135,340 State Funds $4,135,340 State General Funds $4,135,340 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,158,567 Total Funds $5,158,567 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($50,180) ($50,180) ($9,521) ($9,521) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 7 vacant positions. ($61,802) ($419,375) ($61,802) ($419,375) Reduce funds for marketing. ($420,929) ($420,929) Reduce travel expenses. ($6,000) ($6,000) Reduce personal services to reflect furlough savings associated with 6 days. ($55,420) ($55,420) Amount appropriated in this Act $4,135,340 $4,135,340 22.3. Film, Video, and Music Purpose: 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 Funds $985,441 State Funds $985,441 State General Funds $985,441 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,061,039 Total Funds $1,061,039 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 1 vacant position. ($8,728) ($8,728) ($1,074) ($55,258) ($1,074) ($55,258) Reduce personal services to reflect furlough savings associated with 6 ($10,538) ($10,538) 420 JOURNAL OF THE HOUSE days. Amount appropriated in this Act $985,441 $985,441 22.4. Innovation and Technology Purpose: 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 Funds $1,428,095 State Funds $1,428,095 State General Funds $1,428,095 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,550,028 Total Funds $1,550,028 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Delete one-time funds for the Herty Advanced Materials Development Center. Reduce travel expenses. ($6,545) ($6,545) ($2,793) ($100,000) ($5,033) ($2,793) ($100,000) ($5,033) Reduce personal services to reflect furlough savings associated with 6 days. ($7,562) ($7,562) Amount appropriated in this Act $1,428,095 $1,428,095 22.5. International Relations and Trade Purpose: 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 Funds $2,031,011 State Funds $2,031,011 State General Funds $2,031,011 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,078,571 Total Funds $2,078,571 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($15,272) ($15,272) THURSDAY, FEBRUARY 11, 2010 421 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce travel expenses. ($6,445) ($9,749) ($6,445) ($9,749) Reduce personal services to reflect furlough savings associated with 6 days. ($16,094) ($16,094) Amount appropriated in this Act $2,031,011 $2,031,011 22.6. Small and Minority Business Development Purpose: 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 Funds $867,426 Other Funds $20,244 Other Funds - Not Specifically Identified $20,244 State Funds $847,182 State General Funds $847,182 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $876,510 Total Funds $896,754 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce travel expenses. ($8,728) ($8,728) ($3,867) ($4,845) ($3,867) ($4,845) Reduce personal services to reflect furlough savings associated with 6 days. ($11,888) ($11,888) Amount appropriated in this Act $847,182 $867,426 22.7. Tourism Purpose: 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 Funds $10,404,209 State Funds $10,404,209 State General Funds $10,404,209 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,470,926 $11,470,926 Reduce funds to reflect the adjustment in the employer share of the ($61,087) ($61,087) 422 JOURNAL OF THE HOUSE State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 9 vacant positions. Delete one-time funds for the Veteran's Wall of Honor. Reduce contract funds for the Georgia Humanities Council. Reduce travel expenses. Reduce personal services to reflect furlough savings associated with 6 days. Reduce contract funds for the Georgia Historical Society. Reduce contract funds for the Historical Marker Program with the Georgia Historical Society. Reduce funds for marketing. Amount appropriated in this Act ($42,588) ($293,908) ($50,000) ($69,525) ($35,689) ($68,920) ($30,000) ($15,000) ($400,000) $10,404,209 ($42,588) ($293,908) ($50,000) ($69,525) ($35,689) ($68,920) ($30,000) ($15,000) ($400,000) $10,404,209 The following appropriations are for agencies attached for administrative purposes. 22.8. Civil War Commission Purpose: Coordinate planning, preservation, and promotion of structures, buildings, sites, and battlefields associated with the Civil War and to acquire or provide funds for the acquisition of Civil War battlefields, cemeteries and other historic properties associated with the Civil War. Total Funds $23,578 State Funds $23,578 State General Funds $23,578 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $25,000 $25,000 Reduce contract funds for the Civil War Commission. ($1,422) ($1,422) Reduce funds for special grant projects. (H:Restore funds for special grant projects.) $0 $0 Amount appropriated in this Act $23,578 $23,578 22.9. Payments to Aviation Hall of Fame Purpose: Provide operating funds for the Aviation Hall of Fame. Total Funds State Funds State General Funds $40,134 $40,134 $40,134 THURSDAY, FEBRUARY 11, 2010 423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $44,550 Total Funds $44,550 Reduce operating expenses. ($3,564) ($3,564) Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($852) $40,134 ($852) $40,134 22.10. Payments to Georgia Medical Center Authority Purpose: Provide operating funds for the Georgia Medical Center Authority. Total Funds $295,684 State Funds $295,684 State General Funds $295,684 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $300,000 Total Funds $300,000 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for personal services to reflect projected expenditures. ($1,718) ($1,718) ($2,598) $0 ($2,598) $0 Amount appropriated in this Act $295,684 $295,684 22.11. Payments to Georgia Music Hall of Fame Authority Purpose: 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 Funds $527,605 State Funds $527,605 State General Funds $527,605 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $586,208 Total Funds $586,208 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($2,475) ($2,475) 424 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. Amount appropriated in this Act ($3,742) ($52,386) $527,605 ($3,742) ($52,386) $527,605 22.12. Payments to Georgia Sports Hall of Fame Authority Purpose: Provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and promote special events. Total Funds $461,900 State Funds $461,900 State General Funds $461,900 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $512,329 $512,329 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($3,982) ($3,982) Reduce personal services to reflect furlough savings associated with 6 days. ($6,020) ($6,020) Reduce funds for personal services to reflect projected expenditures. ($40,427) ($40,427) Amount appropriated in this Act $461,900 $461,900 Section 23: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $9,640,038,639 $1,752,308,362 $1,752,308,362 $1,093,953,890 $1,093,953,890 $16,897,355 $16,897,355 $6,776,879,032 $6,776,879,032 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,686.69. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 23.1. Academic Coach Purpose: Provide mentors to work with teachers of identified schools in need of THURSDAY, FEBRUARY 11, 2010 425 improvement in the areas of science and math. Total Funds $2,089,743 State Funds $2,089,743 State General Funds $2,089,743 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,621,358 $2,621,358 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($27,835) ($27,835) Reflect an adjustment in the Workers' Compensation premium. ($111) ($111) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $300 $300 Realize savings from vacant positions and associated operating expenses. ($346,513) ($346,513) Reduce personal services to reflect furlough savings associated with 6 days. ($157,456) ($157,456) Amount appropriated in this Act $2,089,743 $2,089,743 23.2. Agricultural Education Purpose: Assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational leadership opportunities for students. Total Funds $11,446,350 Federal Funds and Grants $124,318 Federal Funds Not Specifically Identified $124,318 Other Funds $3,090,000 Other Funds - Not Specifically Identified $3,090,000 State Funds $8,232,032 State General Funds $8,232,032 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,757,124 Total Funds $12,423,703 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. $0 $0 Reduce operating expenses.(H:Provide for a 4% reduction.) ($350,284) ($350,284) Decrease federal funds ($2,259) and other funds ($450,002) to reflect projected expenditures. $0 ($452,261) 426 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($174,808) $8,232,032 ($174,808) $11,446,350 23.3. Central Office Purpose: Provide administrative support to the State Board of Education, Departmental programs, and local school systems. Total Funds $106,146,159 Federal Funds and Grants $72,805,607 Federal Funds Not Specifically Identified $72,805,607 Federal Recovery Funds $706,059 Federal Recovery Funds Not Specifically Identified $706,059 Other Funds $2,979,649 Other Funds - Not Specifically Identified $2,979,649 State Funds $29,654,844 State General Funds $29,654,844 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $33,558,613 $95,087,661 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($211,408) ($211,408) ($1,108) ($1,108) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Realize savings from vacant positions and operations ($2,019,805) and from eliminating membership dues for the Education Commission of the States ($120,800). Reduce personal services to reflect furlough savings associated with 6 days. Increase federal funds ($19,108,760) to reflect projected expenditures. $19,102 $19,102 ($2,140,605) ($2,140,605) ($1,569,750) ($1,569,750) $0 $19,108,760 Decrease other funds ($4,852,552) to reflect projected expenditures. $0 ($4,852,552) Recognize funds from the American Recovery and Reinvestment Act of 2009 ($706,059). $0 $706,059 Amount appropriated in this Act $29,654,844 $106,146,159 23.4. Charter Schools Purpose: Authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. Total Funds $15,193,193 THURSDAY, FEBRUARY 11, 2010 427 Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $12,803,723 $12,803,723 $2,389,470 $2,389,470 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,615,193 Total Funds $9,980,884 Reduce funding for planning grants ($20,220), implementation grants ($109,890), and facility grants ($182,801).(H:Reduce funding for planning grants ($11,408) and facility grants ($83,175) by 4% and eliminate implementation grants ($125,000).) Reduce personal services to reflect furlough savings associated with 6 days. Increase federal funds ($5,438,032) to reflect projected expenditures. ($219,583) ($219,583) ($6,140) $0 ($6,140) $5,438,032 Amount appropriated in this Act $2,389,470 $15,193,193 23.5. Communities in Schools Purpose: 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 Funds $1,166,374 State Funds $1,166,374 State General Funds $1,166,374 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,214,973 Total Funds $1,214,973 Reduce funding. (H:Provide for a 4% reduction.) ($48,599) ($48,599) Amount appropriated in this Act $1,166,374 $1,166,374 23.6. Curriculum Development Purpose: 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 Funds $1,150,602 State Funds $1,150,602 State General Funds $1,150,602 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 428 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Realize savings in contractual services and travel by providing more web-based training sessions. Amount appropriated in this Act State Funds $1,278,447 ($127,845) $1,150,602 Total Funds $1,278,447 ($127,845) $1,150,602 23.7. Federal Programs Purpose: Coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,738,943,672 Federal Funds and Grants $1,063,262,561 Federal Funds Not Specifically Identified $1,063,262,561 Federal Recovery Funds $675,681,111 Federal Recovery Funds Not Specifically Identified $675,681,111 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $1,024,026,289 Increase federal funds ($39,236,272) to reflect projected expenditures. $0 $39,249,381 Recognize funds from the American Recovery and Reinvestment Act of 2009 ($675,681,111). $0 $675,681,111 Increase federal funds ($141,160) to reflect projected expenditures. $0 $141,160 Decrease federal funds ($154,269) to reflect projected expenditures. $0 ($154,269) Amount appropriated in this Act $0 $1,738,943,672 23.8. Georgia Learning Resources System (GLRS) Purpose: 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 Funds $6,153,035 Federal Funds and Grants $6,153,035 Federal Funds Not Specifically Identified $6,153,035 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $8,351,576 Decrease federal funds ($2,198,541) to reflect projected expenditures. $0 ($2,198,541) Amount appropriated in this Act $0 $6,153,035 23.9. Georgia Virtual School THURSDAY, FEBRUARY 11, 2010 429 Purpose: 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 Funds $5,430,920 Other Funds $409,685 Other Funds - Not Specifically Identified $409,685 State Funds $5,021,235 State General Funds $5,021,235 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,260,696 $5,982,909 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($7,622) ($7,622) ($31) ($31) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce contractual services. $225 ($232,033) $225 ($232,033) Decrease other funds ($312,528) to reflect projected expenditures. $0 ($312,528) Amount appropriated in this Act $5,021,235 $5,430,920 23.10. Georgia Youth Science and Technology Purpose: 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 Funds $200,000 State Funds $200,000 State General Funds $200,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $250,000 $250,000 Reduce funding. ($50,000) ($50,000) Amount appropriated in this Act $200,000 $200,000 23.11. Governor's Honors Program Purpose: Provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. Total Funds $1,352,632 430 JOURNAL OF THE HOUSE State Funds $1,352,632 State General Funds $1,352,632 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,363,366 $1,363,366 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($7,289) ($7,289) Reflect an adjustment in the Workers' Compensation premium. ($29) ($29) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $36 $36 Reduce personal services to reflect furlough savings associated with 6 days. (H:Adjust furlough reduction to properly reflect full-time staff.) ($3,452) ($3,452) Amount appropriated in this Act $1,352,632 $1,352,632 23.12. Information Technology Services Purpose: Provide Internet access for local school systems, and provide training and support to school systems staff in the use of technology in instruction through Educational Technology Training Centers. Total Funds $6,963,976 State Funds $6,963,976 State General Funds $6,963,976 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,106,850 Total Funds $7,106,850 Reduce contracts for the Education Technology Centers. (H:Provide for a 4% reduction.) ($142,874) ($142,874) Amount appropriated in this Act $6,963,976 $6,963,976 23.13. National Board Certification Purpose: Provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. Total Funds $6,921,107 State Funds $6,921,107 State General Funds $6,921,107 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,209,486 Total Funds $7,209,486 THURSDAY, FEBRUARY 11, 2010 431 Reduce funding. Amount appropriated in this Act ($288,379) $6,921,107 ($288,379) $6,921,107 23.14. National Science Center and Foundation Purpose: Promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. Total Funds $460,000 State Funds $460,000 State General Funds $460,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $500,000 $500,000 Reduce funding. ($40,000) ($40,000) Amount appropriated in this Act $460,000 $460,000 23.15. Non Quality Basic Education Formula Grants Purpose: 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. Total Funds $16,984,487 State Funds $16,984,487 State General Funds $16,984,487 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $22,670,811 Total Funds $22,670,811 Utilize federal funds to support Special Ed-Low Incidence grants. ($801,920) ($801,920) Reduce funding for Sparsity Grants. ($716,484) ($716,484) Reduce funding for supplemental grants provided to residential treatment centers. Reduce funds for Special Needs Scholarships based on actual need. ($141,153) ($141,153) ($4,044,327) ($4,044,327) Reduce funding based on actual participation in the program. ($15,000) ($15,000) Provide funds to correct FTE error for Lighthouse Care Center of Augusta. $32,560 $32,560 Amount appropriated in this Act $16,984,487 $16,984,487 432 JOURNAL OF THE HOUSE 23.16. 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 and comply with federal standards. Total Funds $566,719,601 Federal Funds and Grants $534,263,075 Federal Funds Not Specifically Identified $534,263,075 Federal Recovery Funds $4,420,793 Federal Recovery Funds Not Specifically Identified $4,420,793 State Funds $28,035,733 State General Funds $28,035,733 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $38,628,520 $507,518,057 Reduce the supplemental funding provided for the nutrition program. ($10,592,787) ($10,592,787) Increase federal funds ($65,373,538) to reflect projected expenditures. $0 $65,373,538 Recognize funds from the American Recovery and Reinvestment Act of 2009 ($4,420,793). $0 $4,420,793 Amount appropriated in this Act $28,035,733 $566,719,601 23.17. Preschool Handicapped Purpose: Provide early educational services to three and four-year-old students with disabilities so that they enter school better prepared to succeed. Total Funds $27,754,484 State Funds $27,754,484 State General Funds $27,754,484 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $29,774,733 $29,774,733 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. ($264,842) ($264,842) Reduce funding to the Preschool Handicapped program. ($1,190,989) ($1,190,989) Provide funds for the Center for the Visually Impaired BEGIN program. $65,582 $65,582 Reduce personal services to reflect furlough savings associated with 6 days. ($630,000) ($630,000) Amount appropriated in this Act $27,754,484 $27,754,484 THURSDAY, FEBRUARY 11, 2010 433 23.18. Pupil Transportation Purpose: Assist local school system in their efforts to provide safe and efficient transportation for students to and from school and school related activities. Total Funds $141,397,382 State Funds $141,397,382 State General Funds $141,397,382 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $168,378,905 $168,378,905 Utilize General Obligation bonds to replace buses. ($24,699,141) ($24,699,141) Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($2,282,382) ($2,282,382) $141,397,382 $141,397,382 23.19. Quality Basic Education Equalization Purpose: 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 Funds $436,158,587 State Funds $436,158,587 State General Funds $436,158,587 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $436,158,587 $436,158,587 Reduce funding. $0 $0 Amount appropriated in this Act $436,158,587 $436,158,587 23.20. Quality Basic Education Local Five Mill Share Purpose: Recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. Total Funds ($1,697,504,730) State Funds ($1,697,504,730) State General Funds ($1,697,504,730) 23.21. Quality Basic Education Program Purpose: 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 Funds $7,967,732,130 434 JOURNAL OF THE HOUSE Federal Recovery Funds Federal Recovery Funds Not Specifically Identified State Funds State General Funds $413,145,927 $413,145,927 $7,554,586,203 $7,554,586,203 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $8,049,442,059 $8,462,587,986 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. Reduce the Quality Basic Education (QBE) program. ($103,345,080) ($103,345,080) ($281,214,364) ($281,214,364) Reduce personal services to reflect furlough savings associated with 6 ($203,399,916) ($203,399,916) days. (H:Adjust based on actual formula earnings.) Provide a mid-term adjustment for enrollment growth of 0.67%. $92,794,230 $92,794,230 Provide funds to correct FTE error for Lighthouse Care Center of Augusta. $309,274 $309,274 Amount appropriated in this Act $7,554,586,203 $7,967,732,130 23.22. Regional Education Service Agencies (RESAs) Purpose: 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 Funds $11,236,940 State Funds $11,236,940 State General Funds $11,236,940 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $12,093,399 $12,093,399 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. ($102,434) ($102,434) Reduce funding. (H:Provide for a 4% reduction.) ($483,736) ($483,736) Reduce personal services to reflect savings associated with 6 furlough days. ($270,289) ($270,289) Amount appropriated in this Act $11,236,940 $11,236,940 THURSDAY, FEBRUARY 11, 2010 435 23.23. School Improvement Purpose: 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 Funds $7,904,347 State Funds $7,904,347 State General Funds $7,904,347 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,335,054 $8,435,054 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($77,207) ($77,207) ($324) ($324) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Realize savings in operations. $2,418 ($338,324) $2,418 ($338,324) Decrease other funds ($100,000) to reflect projected expenditures. $0 ($100,000) Reduce personal services to reflect furlough savings associated with 6 days. ($17,270) ($17,270) Amount appropriated in this Act $7,904,347 $7,904,347 23.24. School Nurses Purpose: Provide funding for school nurses who provide health procedures for students at school. Total Funds $27,936,000 State Funds $27,936,000 State General Funds $27,936,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $29,100,000 Total Funds $29,100,000 Reduce funding for grants. ($1,164,000) ($1,164,000) Amount appropriated in this Act $27,936,000 $27,936,000 23.25. Severely Emotional Disturbed (SED) Purpose: 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. 436 JOURNAL OF THE HOUSE Total Funds $72,098,268 Federal Funds and Grants $7,983,572 Federal Funds Not Specifically Identified $7,983,572 State Funds $64,114,696 State General Funds $64,114,696 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $69,120,674 Total Funds $82,480,532 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. Reduce funds provided for the Georgia Network for Educational and Therapeutic Support (GNETS). Decrease federal funds ($5,376,286) to reflect projected expenditures. ($644,836) ($644,836) ($2,764,827) ($2,764,827) $0 ($5,376,286) Reduce personal services to reflect furlough savings associated with 6 days. ($1,596,315) ($1,596,315) Amount appropriated in this Act $64,114,696 $72,098,268 23.26. State Interagency Transfers Purpose: Provide health insurance to retired teachers and non-certified 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 Funds $55,815,012 Federal Funds and Grants $23,930,738 Federal Funds Not Specifically Identified $23,930,738 State Funds $31,884,274 State General Funds $31,884,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $91,264,040 $110,709,116 Reflect reduced employer contributions to the State Health Benefit Plan for non-certificated employees. Increase federal funds ($4,485,662) to reflect projected expenditures in FY 2010. ($59,379,766) ($59,379,766) $0 $4,485,662 Amount appropriated in this Act $31,884,274 $55,815,012 23.27. State Schools THURSDAY, FEBRUARY 11, 2010 437 Purpose: Prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. Total Funds $23,392,919 Other Funds $1,423,122 Other Funds - Not Specifically Identified $1,423,122 State Funds $21,969,797 State General Funds $21,969,797 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $23,471,312 $25,120,511 Reflect an adjustment in the Workers' Compensation premium. ($1,059) ($1,059) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to November 2009, and from 18.534% to 17.418% from March to May 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funding.(H:Provide for a 2% reduction.) ($191,357) ($191,357) $1,197 ($469,426) $1,197 ($469,426) Reduce personal services to reflect furlough savings associated with 6 days. ($987,150) ($987,150) Decrease other funds ($226,077) to reflect projected expenditures. $0 ($226,077) Provide funds for enrollment increase at Georgia School for the Deaf. $146,280 $146,280 Amount appropriated in this Act $21,969,797 $23,392,919 23.28. Technology/Career Education Purpose: Equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. Total Funds $42,237,357 Federal Funds and Grants $17,708,583 Federal Funds Not Specifically Identified $17,708,583 Other Funds $8,994,899 Other Funds - Not Specifically Identified $8,994,899 State Funds $15,533,875 State General Funds $15,533,875 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $16,334,539 $51,612,779 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 18.534% to 14.492% for September to $0 $0 438 JOURNAL OF THE HOUSE November 2009, and from 18.534% to 17.418% from March to May 2010. Reduce funding.(H:Provide for a 4% reduction.) Decrease federal funds ($4,565,189) and other funds ($4,009,569) to reflect projected expenditures. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($653,382) $0 ($653,382) ($8,574,758) ($147,282) ($147,282) $15,533,875 $42,237,357 23.29. Testing Purpose: Administer the statewide student assessment program and provide related testing instruments and training to local schools. Total Funds $34,965,587 Federal Funds and Grants $13,273,150 Federal Funds Not Specifically Identified $13,273,150 State Funds $21,692,437 State General Funds $21,692,437 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $22,344,085 $36,008,629 Reduce contractual services for the SAT prep ($263,736) and State Mandated Tests ($351,648) based on actual need.(H:Reduce contractual services for the SAT prep ($300,000) and State Mandated Tests ($351,648) based on actual need.) ($651,648) ($651,648) Decrease federal funds ($391,394) to reflect projected expenditures. $0 ($391,394) Amount appropriated in this Act $21,692,437 $34,965,587 23.30. Tuition for Multi-handicapped Purpose: 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 Funds $1,592,505 State Funds $1,592,505 State General Funds $1,592,505 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,658,859 $1,658,859 Reduce funding. ($66,354) ($66,354) Amount appropriated in this Act $1,592,505 $1,592,505 THURSDAY, FEBRUARY 11, 2010 439 Section 24: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $26,308,765 $2,720,337 $2,720,337 $6,962,628 $6,962,628 $16,625,800 $16,625,800 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. 24.1. 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 $2,720,337 Other Funds $2,720,337 Agency Funds $2,720,337 24.2. Georgia Military Pension Fund Purpose: To provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,433,628 State Funds $1,433,628 State General Funds $1,433,628 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,358,628 Total Funds $1,358,628 Redirect funds from the Public School Employees' Retirement System (PSERS) program administration to the Georgia Military Pension Fund to fully fund the Annual Required Employer Contribution (ARC) as determined by the actuarial report. $75,000 $75,000 Amount appropriated in this Act $1,433,628 $1,433,628 440 JOURNAL OF THE HOUSE 24.3. Public School Employees' Retirement System Purpose: Account for the receipt of retirement contributions, ensure sound investing of system funds, and provide timely and accurate payment of retirement benefits. Total Funds $5,529,000 State Funds $5,529,000 State General Funds $5,529,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,828,802 Total Funds $5,828,802 Redirect funds from the Public School Employees' Retirement System (PSERS) program administration to the Georgia Military Pension Fund to fully fund the Annual Required Employer Contribution (ARC) as determined by the actuarial report. Reduce funding from the Public School Employees' Retirement System (PSERS) for program administration. ($75,000) ($75,000) ($224,802) ($224,802) Amount appropriated in this Act $5,529,000 $5,529,000 24.4. System Administration Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries. Total Funds $16,625,800 Intra-State Government Transfers $16,625,800 Retirement Payments $16,625,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $16,626,115 Reflect an adjustment in the Workers' Compensation premium. $0 ($315) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $0 $0 Amount appropriated in this Act $0 $16,625,800 Section 25: 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 $43,447,027 $8,603,135 $8,603,135 $5,633,570 $172,000 $5,461,570 $29,210,322 $29,210,322 THURSDAY, FEBRUARY 11, 2010 441 25.1. Commission 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 $3,489,932 Other Funds $8,872 Agency Funds $4,000 Other Funds - Not Specifically Identified $4,872 State Funds $3,481,060 State General Funds $3,481,060 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,729,966 $3,738,838 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($36,815) ($36,815) $3,589 $3,589 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($51,342), an additional 3 days for the executive team and 6 days for the commissioner ($7,816). Replace state funds with federal and other funds for 2 positions. ($5,903) ($59,158) ($75,246) ($5,903) ($59,158) ($75,246) Eliminate 2 filled positions. ($53,373) ($53,373) Reduce funds for regular operating expenses. ($22,000) ($22,000) Amount appropriated in this Act $3,481,060 $3,489,932 25.2. Forest Management Purpose: 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 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 Funds $9,825,006 Federal Funds and Grants $6,555,882 Federal Funds Not Specifically Identified $6,555,882 Other Funds $707,587 442 JOURNAL OF THE HOUSE Agency Funds $168,000 Other Funds - Not Specifically Identified $539,587 State Funds $2,561,537 State General Funds $2,561,537 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,488,078 $10,751,547 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($63,096) ($63,096) Reflect an adjustment in the Workers' Compensation premium. $7,518 $7,518 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($509) ($509) Reduce personal services to reflect furlough savings associated with 6 days ($80,020), an additional 3 days for the executive team and 6 days for the commissioner ($2,920). ($82,940) ($82,940) Eliminate 3 filled positions. ($173,135) ($173,135) Reduce funds for regular operating expenses. ($8,670) ($8,670) Reduce operating expenses. ($68,000) ($68,000) Replace state funds with federal funds for 12 forester positions. ($537,709) ($537,709) Amount appropriated in this Act $2,561,537 $9,825,006 25.3. Forest Protection Purpose: 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 through 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 Funds $28,616,009 Federal Funds and Grants $1,964,173 Federal Funds Not Specifically Identified $1,964,173 Other Funds $3,484,111 Other Funds - Not Specifically Identified $3,484,111 State Funds $23,167,725 State General Funds $23,167,725 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 443 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for regular operating expenses. Replace state funds with federal funds for 16 positions. Reduce personal services to reflect furlough savings associated with 6 days ($403,124), an additional 3 days for the executive team and 6 days for the commissioner ($9,411). Reduce funds for equipment ($418,705) and motor vehicle ($120,000) purchases. Eliminate 12 filled fire control positions. Eliminate 2 vacant forester positions. Amount appropriated in this Act State Funds $25,638,252 ($365,760) Total Funds $31,086,536 ($365,760) $46,310 ($6,409) ($187,050) ($562,000) ($412,535) $46,310 ($6,409) ($187,050) ($562,000) ($412,535) ($538,705) ($355,208) ($89,170) $23,167,725 ($538,705) ($355,208) ($89,170) $28,616,009 25.4. Tree Seedling Nursery Purpose: Produce an adequate quantity of high quality forest tree seedlings for sale at reasonable costs to Georgia landowners. Total Funds $1,516,080 Federal Funds and Grants $83,080 Federal Funds Not Specifically Identified $83,080 Other Funds $1,433,000 Other Funds - Not Specifically Identified $1,433,000 Section 26: Governor, Office of the Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $117,003,921 $47,238,508 $3,814,350 $43,424,158 $2,481,284 $2,481,284 $67,284,129 $67,284,129 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 444 JOURNAL OF THE HOUSE money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28. The Mansion allowance shall be $40,000. 26.1. Governor's Emergency Fund Purpose: The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. Total Funds $29,057,863 State Funds $29,057,863 State General Funds $29,057,863 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,469,576 $3,469,576 Provide disaster assistance funding for storm damage and floods in south Georgia and for September flooding in the metro Atlanta area. Reduce funds. $27,348,390 $27,348,390 ($1,760,103) ($1,760,103) Amount appropriated in this Act $29,057,863 $29,057,863 26.2. Governor's Office Purpose: 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 Funds $11,503,455 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 $6,206,604 State General Funds $6,206,604 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,687,191 $11,984,042 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($64,229) ($64,229) $173,355 $173,355 Reduce operating expenditures. ($517,557) ($517,557) THURSDAY, FEBRUARY 11, 2010 445 Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($72,156) $6,206,604 ($72,156) $11,503,455 26.3. Governor's Office of Planning and Budget Purpose: 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 Funds $7,559,961 State Funds $7,559,961 State General Funds $7,559,961 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,266,331 Total Funds $8,266,331 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($87,081) ($87,081) ($2,132) ($2,132) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenditures. $119,833 ($639,528) $119,833 ($639,528) Reduce personal services to reflect furlough savings associated with 6 days. ($97,462) ($97,462) Amount appropriated in this Act $7,559,961 $7,559,961 The following appropriations are for agencies attached for administrative purposes. 26.4. Georgia Commission on Equal Opportunity Purpose: 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 Funds $932,219 Federal Funds and Grants $407,000 Federal Funds Not Specifically Identified $407,000 State Funds $525,219 State General Funds $525,219 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $598,470 $1,005,470 446 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Defer filling 1 vacant position in the Equal Employment subprogram. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($8,171) ($8,171) $2,373 ($58,121) ($9,332) $525,219 $2,373 ($58,121) ($9,332) $932,219 26.5. Georgia Council for the Arts Purpose: 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 Capitol Galleries. Total Funds $2,979,456 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 State Funds $2,320,056 State General Funds $2,320,056 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,595,127 Total Funds $3,254,527 Reduce personal services to reflect furlough savings associated with 6 days. ($5,536) ($5,536) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for grants and benefits to non-profit arts and cultural organizations. ($4,852) ($4,852) ($264,683) ($264,683) Amount appropriated in this Act $2,320,056 $2,979,456 26.6. Emergency Management Agency, Georgia Purpose: 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 Funds $32,581,511 Federal Funds and Grants $29,703,182 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 THURSDAY, FEBRUARY 11, 2010 447 Other Funds - Not Specifically Identified $807,856 State Funds $2,070,473 State General Funds $2,070,473 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,366,978 Total Funds $32,878,016 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Defer filling 1 vacant position in the Communications, Operations, Support, and Field Programs subprogram. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for EMNet Remote Node monthly services. ($44,779) ($44,779) ($3,588) ($50,337) ($50,008) ($47,418) ($3,588) ($50,337) ($50,008) ($47,418) Reduce funds for training support. ($50,623) ($50,623) Reduce operating expenses. ($36,952) ($36,952) Reduce the Civil Air Patrol contract. ($12,800) ($12,800) Amount appropriated in this Act $2,070,473 $32,581,511 26.7. Children and Families, Governor's Office for Purpose: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Total Funds $14,818,476 Federal Funds and Grants $10,770,587 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $3,814,350 Federal Funds Not Specifically Identified $6,956,237 State Funds $4,047,889 State General Funds $4,047,889 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,677,553 Total Funds $15,875,470 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($4,264) ($4,264) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($780) ($780) 448 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds available for implementing new Community Strategy Grants. Replace state funds for grants and benefits. Replace state funds for personnel expenditures. Reduce operating expenses. Increase Temporary Assistance for Needy Families funds (Total Funds: $2,572,670) Remove FY 2010 budget for TANF funds. (G:NO) (H:NO;Retain and direct existing TANF funds to Child Advocacy Centers, which includes data collection assistance for the Commercial Sexual Exploitation of Children Committee (CSEC) in the existing web-based delivery system.) Amount appropriated in this Act ($4,790) ($4,790) ($622,312) ($622,312) ($2,822,670) ($69,665) ($105,183) $0 ($2,822,670) ($69,665) ($105,183) $2,572,670 $0 $0 $4,047,889 $14,818,476 26.8. Governor's Office of Consumer Affairs Purpose: 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 Funds $8,242,163 Other Funds $1,572,903 Other Funds - Not Specifically Identified $1,572,903 State Funds $6,669,260 State General Funds $6,669,260 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $7,499,078 $9,071,981 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Defer filling 7 vacant positions in the Consumer Protection subprogram and 6 vacant positions in the Customer Service subprogram. ($84,488) ($84,488) $79,205 ($729,755) $79,205 ($729,755) Reduce personal services to reflect furlough savings associated with 6 days. ($94,780) ($94,780) Amount appropriated in this Act $6,669,260 $8,242,163 THURSDAY, FEBRUARY 11, 2010 449 26.9. Office of Homeland Security Purpose: 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 Funds $387,289 State Funds $387,289 State General Funds $387,289 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $446,219 Total Funds $446,219 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce operating expenses. ($7,015) ($7,015) ($44,105) ($44,105) Reduce personal services to reflect furlough savings associated with 6 days. ($7,810) ($7,810) Amount appropriated in this Act $387,289 $387,289 26.10. Student Achievement, Office of Purpose: 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 Funds $1,008,860 State Funds $1,008,860 State General Funds $1,008,860 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,095,421 Total Funds $1,095,421 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. ($9,474) ($9,474) ($654) ($10,708) ($654) ($10,708) Reduce funding. ($65,725) ($65,725) Amount appropriated in this Act $1,008,860 $1,008,860 450 JOURNAL OF THE HOUSE 26.11. Child Advocate, Office of the Purpose: 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 Funds $959,892 Federal Funds and Grants $89,558 Federal Funds Not Specifically Identified $89,558 Other Funds $25 Other Funds - Not Specifically Identified $25 State Funds $870,309 State General Funds $870,309 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $989,167 Total Funds $1,078,750 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($12,924) and 6 additional days ($12,924). Eliminate 1 filled position. ($11,764) ($11,764) $1,182 ($25,848) ($23,998) $1,182 ($25,848) ($23,998) Replace state funds for personnel expenditures. ($25,000) ($25,000) Reduce operating expenses. ($33,430) ($33,430) Amount appropriated in this Act $870,309 $959,892 26.12. Office of the State Inspector General Purpose: 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 Funds $653,291 State Funds $653,291 State General Funds $653,291 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $720,845 $720,845 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($7,821) ($7,821) THURSDAY, FEBRUARY 11, 2010 451 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for personal services ($32,428) and operating expenses ($23,729). Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act $5,018 ($56,157) ($8,594) $653,291 $5,018 ($56,157) ($8,594) $653,291 26.13. Georgia Professional Standards Commission Purpose: 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 Funds $6,319,485 Federal Funds and Grants $411,930 Federal Funds Not Specifically Identified $411,930 Other Funds $500 Other Funds - Not Specifically Identified $500 State Funds $5,907,055 State General Funds $5,907,055 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,573,736 Total Funds $6,986,166 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds for personal services ($231,499), regular operating expenses ($72,310), computer charges ($11,455), telecommunications ($22,000), and contract funds ($174,856). Reduce personal services to reflect furlough savings associated with 6 days. ($83,958) ($83,958) $23,495 ($512,120) $23,495 ($512,120) ($94,098) ($94,098) Amount appropriated in this Act $5,907,055 $6,319,485 Section 27: Human Services, Department of Total Funds Federal Funds and Grants CCDF Mandatory & Matching Funds (CFDA 93.596) Child Care & Development Block Grant (CFDA 93.575) Community Service Block Grant (CFDA 93.569) Foster Care Title IV-E (CFDA 93.658) $1,640,694,330 $1,007,256,537 $93,380,753 $65,729,064 $17,312,159 $91,104,003 452 JOURNAL OF THE HOUSE Low-Income Home Energy Assistance (CFDA 93.568) Medical Assistance Program (CFDA 93.778) Preventive Health and Health Services Block Grant (CFDA 93.991) Social Services Block Grant (CFDA 93.667) TANF Block Grant - Unobligated Balance TANF Transfers to Social Services Block Grant (CFDA 93.558) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) Federal Funds Not Specifically Identified Federal Recovery Funds Child Care & Development Block Grant (CFDA 93.575) Foster Care Title IV-E (CFDA 93.658) Medical Assistance Program (CFDA 93.778) Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $24,627,737 $75,548,655 $200,470 $16,869,758 $37,348,536 $25,800,000 $304,299,087 $255,036,315 $108,606,155 $65,600,000 $7,177,918 $11,411,119 $24,417,118 $25,380,230 $5,411,500 $19,968,730 $479,852,939 $473,661,133 $6,191,806 $19,598,469 $13,490,604 $6,107,865 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 THURSDAY, FEBRUARY 11, 2010 453 amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment. 27.1. 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 $88,638,457 Federal Funds and Grants $52,477,754 Foster Care Title IV-E (CFDA 93.658) $211,065 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $12,000,000 Federal Funds Not Specifically Identified $40,266,689 Federal Recovery Funds $3,140,444 Foster Care Title IV-E (CFDA 93.658) $3,140,444 Other Funds $45,000 Other Funds - Not Specifically Identified $45,000 State Funds $32,975,259 State General Funds $32,975,259 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $33,316,992 Total Funds $88,980,190 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($14,590) ($14,590) Reflect an adjustment in the Workers' Compensation premium. ($730) ($730) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 3 days ($8,198) and with 9 days ($35,478). Reduce contract funds. $1,352 ($43,676) ($284,089) $1,352 ($43,676) ($284,089) Amount appropriated in this Act $32,975,259 $88,638,457 454 JOURNAL OF THE HOUSE 27.2. After School Care Purpose: Expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $14,000,000 Federal Funds and Grants $14,000,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $14,000,000 27.3. Child Care Licensing Purpose: Protect the health and safety of children who receive full-time care outside of their homes by licensing, monitoring and inspecting residential care providers. Total Funds $3,542,817 Federal Funds and Grants $2,446,271 Foster Care Title IV-E (CFDA 93.658) $312,568 Medical Assistance Program (CFDA 93.778) $376,878 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $292,711 Federal Funds Not Specifically Identified $1,464,114 Other Funds $70,000 Agency Funds $70,000 State Funds $1,026,546 State General Funds $1,026,546 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,157,575 Total Funds $3,381,135 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($108,037) ($108,037) ($5,403) ($5,403) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,087 $1,087 Reflect personal services to reflect furlough savings associated with 3 days ($60,711) and 9 additional days ($32,238). ($92,949) ($92,949) Eliminate 1 vacant position. ($49,877) ($49,877) Reduce travel funds. ($11,000) ($11,000) Transfer 1 position from the Office of Investigative Services to Residential Child Care. $51,000 $51,000 Transfer state funds from the Departmental Administration program to the Child Care Licensing program to accurately reflect expenditures for Worker's Compensation. Transfer TANF funds from Support for Needy Families Family Assistance to Child Care Licensing to maintain compliance in monitoring licensed residential facilities. $84,150 $0 $84,150 $292,711 THURSDAY, FEBRUARY 11, 2010 455 Amount appropriated in this Act $1,026,546 $3,542,817 27.4. Child Care Services Purpose: 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 $280,686,251 Federal Funds and Grants $158,324,220 CCDF Mandatory & Matching Funds (CFDA 93.596) $90,698,416 Child Care & Development Block Grant (CFDA 93.575) $64,619,903 Social Services Block Grant (CFDA 93.667) $90 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $600,000 Federal Funds Not Specifically Identified $2,405,811 Federal Recovery Funds $65,600,000 Child Care & Development Block Grant (CFDA 93.575) $65,600,000 Other Funds $2,500,000 Agency Funds $2,500,000 State Funds $54,262,031 State General Funds $54,262,031 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $54,262,031 $251,086,251 Recognize funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $29,600,000). $0 $29,600,000 Amount appropriated in this Act $54,262,031 $280,686,251 27.5. Child Support Services Purpose: Encourage and enforce the parental responsibility of paying financial support. Total Funds $102,864,317 Federal Funds and Grants $59,049,193 Social Services Block Grant (CFDA 93.667) $120,000 Federal Funds Not Specifically Identified $58,929,193 Federal Recovery Funds $20,272,118 Federal Recovery Funds Not Specifically Identified $20,272,118 Other Funds $2,841,500 Agency Funds $2,841,500 State Funds $20,305,746 State General Funds $20,305,746 Intra-State Government Transfers $395,760 456 JOURNAL OF THE HOUSE Other Intra-State Government Payments $395,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $24,273,903 $108,263,248 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($461,326) ($1,356,842) ($23,074) ($67,863) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $447,223 $1,315,362 Reduce personal services to reflect furlough savings associated with 3 days ($259,240) and 9 additional days ($440,649). Reduce state funds in personal services and replace with Federal Funds. Recognize funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $6,272,118). ($699,889) ($2,058,497) ($3,231,091) ($9,503,209) $0 $6,272,118 Amount appropriated in this Act $20,305,746 $102,864,317 27.6. 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 $272,322,782 Federal Funds and Grants $158,293,597 CCDF Mandatory & Matching Funds (CFDA 93.596) $734,390 Community Service Block Grant (CFDA 93.569) $4,000 Foster Care Title IV-E (CFDA 93.658) $39,108,715 Medical Assistance Program (CFDA 93.778) $420,000 Social Services Block Grant (CFDA 93.667) $8,264,167 TANF Transfers to Social Services Block Grant (CFDA 93.558) $25,800,000 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $62,995,915 Federal Funds Not Specifically Identified $20,966,410 Other Funds $11,339,472 Other Funds - Not Specifically Identified $11,339,472 State Funds $89,199,109 State General Funds $89,199,109 Intra-State Government Transfers $13,490,604 Medicaid Services Payments - Other Agencies $13,490,604 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 457 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 3 days ($697,511) and with 9 days ($1,457,514). Implement direct deposit for foster and adoptive parents. Reduce Independent Living Program (ILP) to the required state mandatory match. Replace funding for staff at Douglas Senior Center with non-state funds. Recognize savings from substance abuse screening program redesign. Increase utilization of state case workers to provide in-home case management. Reduce Promoting Safe and Stable Family state funds match to reflect match obtained from private providers. Reduce funding for EMBRACE contract. Amount appropriated in this Act State Funds $100,022,290 ($1,241,244) Total Funds $283,145,963 ($1,241,244) ($62,079) $133 ($62,079) $133 ($2,155,025) ($2,155,025) ($125,000) ($700,000) ($125,000) ($700,000) ($363,563) ($363,563) ($1,500,000) ($2,021,403) ($1,500,000) ($2,021,403) ($2,455,000) ($2,455,000) ($200,000) ($200,000) $89,199,109 $272,322,782 27.7. Departmental Administration Purpose: Administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia. Total Funds $84,294,536 Federal Funds and Grants $46,569,547 CCDF Mandatory & Matching Funds (CFDA 93.596) $1,947,947 Child Care & Development Block Grant (CFDA 93.575) $209,161 Community Service Block Grant (CFDA 93.569) $122,976 Foster Care Title IV-E (CFDA 93.658) $7,616,228 Medical Assistance Program (CFDA 93.778) $4,572,153 Social Services Block Grant (CFDA 93.667) $2,444,532 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $10,433,572 Federal Funds Not Specifically Identified $19,222,978 State Funds $33,624,404 State General Funds $33,624,404 Intra-State Government Transfers $4,100,585 Other Intra-State Government Payments $4,100,585 458 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 (HB119) $38,950,817 $100,139,830 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($207,795) ($207,795) Reflect an adjustment in the Workers' Compensation premium. ($10,392) ($10,392) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $758,673 $758,673 Reduce personal services to reflect furlough savings associated with 3 days ($116,771) and 9 additional days ($493,344). ($610,115) ($610,115) Transfer state funds from the Aging Administration subprogram to the Information Technology subprogram to accurately reflect expenditures for GAIT. $0 $0 Reduce federal funds to reflect projected expenditures (Total Funds: $7,278,263). $0 ($7,278,263) Add federal earnings associated with the Prosecuting Attorney Contract. $0 $814,331 Transfer 1 position from the Office of Investigative Services to Residential Child Care. ($51,000) ($51,000) Transfer $7,265,270 in Social Services Block Grant (SSBG) federal funds to the Department of Behavioral Health & Developmental Disabilities to cover transportation costs for mental health and developmental disabilities consumers. $0 ($7,265,270) Transfer state funds from the Departmental Administration program to the Child Care Licensing ($84,150), Elder Abuse Investigations and Prevention ($81,693), Elder Support Services ($3,378) and Elder Community Living Services ($4,607) programs to accurately reflect expenditures for Worker's Compensation. ($173,828) ($173,828) Transfer $250,000 in Temporary Assistance for Needy Families (TANF) funds from the Governor's Office of Children and Families to the Department of Human Services. $0 $250,000 Replace funds with American Recovery and Reinvestment Act (ARRA) funding for department wide technology initiatives. ($2,000,161) ($2,000,161) Add federal funding associated with software maintenance. $0 $2,960,321 Transfer tobacco funds to the Department of Community Health to accurately reflect the health and human services agencies' restructuring. ($131,795) ($131,795) Reduce funding for personal services and operating expenses. ($2,900,000) ($2,900,000) Amount appropriated in this Act $33,624,404 $84,294,536 27.8. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect and investigate situations where it may have occurred. Total Funds $16,341,150 THURSDAY, FEBRUARY 11, 2010 459 Federal Funds and Grants $3,073,433 Social Services Block Grant (CFDA 93.667) $2,279,539 Federal Funds Not Specifically Identified $793,894 State Funds $11,656,197 State General Funds $11,656,197 Intra-State Government Transfers $1,611,520 Other Intra-State Government Payments $1,611,520 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,031,363 Total Funds $17,104,796 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($102,911) ($102,911) ($5,246) ($5,246) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 3 days ($58,939) and with 9 days ($294,292). $16,049 ($353,231) $16,049 ($353,231) Replace state funds in the Adult Protective Services ($611,520) and Long Term Care Ombudsman ($1,000,000) programs with Nursing Home Civil Monetary Penalties collected by the Department of Community Health. Transfer state funds from the Departmental Administration program to the Elder Abuse Investigations and Prevention program to accurately reflect expenditures for Worker's Compensation. Replace state funds with anticipated Targeted Case Management revenue. ($1,611,520) $0 $81,693 $81,693 ($400,000) ($400,000) Amount appropriated in this Act $11,656,197 $16,341,150 27.9. Elder Community Living Services Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities. Total Funds $112,764,966 Federal Funds and Grants $41,435,324 Medical Assistance Program (CFDA 93.778) $13,765,259 Social Services Block Grant (CFDA 93.667) $3,761,430 Federal Funds Not Specifically Identified $23,908,635 Federal Recovery Funds $11,411,119 Medical Assistance Program (CFDA 93.778) $11,411,119 State Funds $59,918,523 State General Funds $54,844,646 460 JOURNAL OF THE HOUSE Tobacco Settlement Funds $5,073,877 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $62,309,067 $115,155,510 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($5,914) ($5,914) ($296) ($296) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $4,131 $4,131 Reduce personal services to reflect furlough savings associated with 3 days ($3,324) and with 9 days ($37,048). Transfer state funds from the Departmental Administration program to the Elder Community Living Services program to accurately reflect expenditures for Worker's Compensation. Reduce funds for the following contracts: a. Alzheimer respite services ($225,000), b. Center for the Visually Impaired ($177,859), c. Mobile Daycare ($36,228), d. Haralson County Senior Center ($15,000), e. Kinship Care ($478,275), f. Senior Legal Hotline ($259,669), g. Naturally Occurring Retirement Communities ($70,000), h. Navigator Training ($70,000), i. non-Medicaid Home and Community Based respite services ($1,376,718), and j. Senior Connections in DeKalb County ($20,000).(H:Restore funds for the following contracts: a. Alzheimer respite services ($225,000), b. Center for the Visually Impaired ($177,859), d. Haralson County Senior Center ($15,000), and j. Senior Connections in DeKalb County ($20,000).) ($14,511) $4,607 ($14,511) $4,607 ($2,290,890) ($2,290,890) Reflect administrative savings in the Money Follows the Person demonstration project. ($52,171) ($52,171) Eliminate 1 vacant position. ($35,500) ($35,500) Amount appropriated in this Act $59,918,523 $112,764,966 27.10. 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 $8,686,412 Federal Funds and Grants $5,866,268 Federal Funds Not Specifically Identified $5,866,268 Federal Recovery Funds $1,045,000 Federal Recovery Funds Not Specifically Identified $1,045,000 State Funds $1,775,144 State General Funds $657,215 Tobacco Settlement Funds $1,117,929 THURSDAY, FEBRUARY 11, 2010 461 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,937,813 $8,849,081 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($4,337) ($4,337) Reflect an adjustment in the Workers' Compensation premium. ($216) ($216) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,059 $1,059 Reduce personal services to reflect furlough savings associated with 3 days ($2,437) and with 9 days ($10,116). ($12,553) ($12,553) Transfer state funds from the Departmental Administration program to the Elder Support Services program to accurately reflect expenditures for Worker's Compensation. $3,378 $3,378 Discontinue funding for Naturally Occurring Retirement Communities. ($75,000) ($75,000) Eliminate 1 vacant position. ($75,000) ($75,000) Amount appropriated in this Act $1,775,144 $8,686,412 27.11. Eligibility Determination Purpose: Promote access to health care for low income families, children, pregnant women and persons who are aged, blind or disabled. Total Funds $124,593,188 Federal Funds and Grants $65,294,912 Child Care & Development Block Grant (CFDA 93.575) $900,000 Foster Care Title IV-E (CFDA 93.658) $2,882,030 Low-Income Home Energy Assistance (CFDA 93.568) $346,557 Medical Assistance Program (CFDA 93.778) $55,672,662 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $500,000 Federal Funds Not Specifically Identified $4,993,663 Other Funds $4,187,397 Other Funds - Not Specifically Identified $4,187,397 State Funds $55,110,879 State General Funds $55,110,879 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $56,622,168 $126,104,477 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to ($777,947) ($777,947) 462 JOURNAL OF THE HOUSE November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 3 days ($437,163) and with 9 days ($1,381,077). Reduce funds for eligibility service workers effective January 1, 2010. Amount appropriated in this Act ($38,908) $1,539,571 ($38,908) $1,539,571 ($1,818,240) ($1,818,240) ($415,765) ($415,765) $55,110,879 $124,593,188 27.12. Energy Assistance Purpose: 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 (CFDA 93.568) $24,281,180 Other Funds $4,384,452 Other Funds - Not Specifically Identified $4,384,452 27.13. Family Violence Services Purpose: 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 $12,331,929 Federal Funds and Grants $7,848,758 Preventive Health and Health Services Block Grant (CFDA 93.991) $200,470 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $5,565,244 Federal Funds Not Specifically Identified $2,083,044 State Funds $4,483,171 State General Funds $4,483,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,001,950 Total Funds $12,850,708 Reduce contract funds to Rainbow House Children Rescue Center, Rape Crisis Center for the Costal Empire, Advocate for Bartow's Children, Houston Drug Action Council, and Center for Children and Young Adults. Reduce contract funds to state-certified domestic violence and sexual assault programs. ($218,779) ($218,779) ($300,000) ($300,000) Amount appropriated in this Act $4,483,171 $12,331,929 THURSDAY, FEBRUARY 11, 2010 463 27.14. 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 27.15. Food Stamp Eligibility and Benefits Purpose: Promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries. Total Funds $89,375,528 Federal Funds and Grants $52,999,790 Federal Funds Not Specifically Identified $52,999,790 Federal Recovery Funds $2,000,000 Federal Recovery Funds Not Specifically Identified $2,000,000 Other Funds $12,409 Other Funds - Not Specifically Identified $12,409 State Funds $34,363,329 State General Funds $34,363,329 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $37,193,255 Total Funds $92,205,454 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($698,693) ($698,693) ($34,944) ($34,944) Reduce personal services to reflect furlough savings associated with 3 days ($392,627) and 9 additional days ($1,381,077). ($1,773,704) ($1,773,704) Reduce funds for eligibility service workers effective January 1, 2010. ($322,585) ($322,585) Amount appropriated in this Act $34,363,329 $89,375,528 27.16. 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 $241,397,985 Federal Funds and Grants $171,525,698 Foster Care Title IV-E (CFDA 93.658) $40,973,397 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $118,205,301 Federal Funds Not Specifically Identified $12,347,000 464 JOURNAL OF THE HOUSE Federal Recovery Funds Foster Care Title IV-E (CFDA 93.658) State Funds State General Funds $4,037,474 $4,037,474 $65,834,813 $65,834,813 27.17. Refugee Assistance Purpose: 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 27.18. Support for Needy Families - Basic Assistance Purpose: 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 TANF Block Grant - Unobligated Balance $25,201,084 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $31,447,916 State Funds $100,000 State General Funds $100,000 27.19. Support for Needy Families - Family Assistance Purpose: Administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program. Total Funds $52,589,471 Federal Funds and Grants $48,061,825 Community Service Block Grant (CFDA 93.569) $17,185,183 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $29,233,417 Federal Funds Not Specifically Identified $1,643,225 Federal Recovery Funds $1,100,000 Federal Recovery Funds Not Specifically Identified $1,100,000 State Funds $3,427,646 State General Funds $3,427,646 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,865,357 $53,319,893 THURSDAY, FEBRUARY 11, 2010 465 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reduce personal services to reflect furlough savings associated with 3 days ($4,431). Reduce training contract funds. Transfer TANF funds from Support for Needy Families Family Assistance to Child Care Licensing to maintain compliance in monitoring licensed residential facilities. Amount appropriated in this Act ($7,886) ($7,886) ($394) ($4,431) ($425,000) $0 ($394) ($4,431) ($425,000) ($292,711) $3,427,646 $52,589,471 27.20. Support for Needy Families - Work Assistance Purpose: 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 $23,799,264 Federal Funds and Grants $20,221,606 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $17,825,011 Federal Funds Not Specifically Identified $2,396,595 State Funds $3,577,658 State General Funds $3,577,658 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,695,000 Total Funds $27,916,606 Replace state funds for Work Employment Services with non-state funds. ($3,073,742) ($3,073,742) Replace state funds for Supplemental Security Income (SSI) Advocacy Services with non-state funds. ($1,043,600) ($1,043,600) Amount appropriated in this Act $3,577,658 $23,799,264 The following appropriations are for agencies attached for administrative purposes. 27.21. 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 $185,615 State Funds $185,615 State General Funds $185,615 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 466 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days ($2,718) and an additional 6 days ($2,718). Reduce funds for personal services to reflect projected expenditures. Reduce funds for Georgia for a Lifetime (Project 2020). Amount appropriated in this Act State Funds $208,220 ($2,402) Total Funds $208,220 ($2,402) ($5,432) ($10,507) ($4,264) $185,615 ($5,432) ($10,507) ($4,264) $185,615 27.22. Family Connection Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $9,968,572 Federal Funds and Grants $1,941,703 Medical Assistance Program (CFDA 93.778) $741,703 Temporary Assistance for Needy Families Block Grant (CFDA 93.558) $1,200,000 State Funds $8,026,869 State General Funds $8,026,869 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,002,243 Total Funds $11,042,205 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funds for personal services to reflect projected expenditures. ($727) ($727) ($78,338) ($78,338) Reduce funds for Family Connection collaborative and technical assistance contracts (Total Funds: $993,468). ($895,209) ($993,468) Reduce personal services to reflect furlough savings associated with 6 days. ($1,100) ($1,100) Amount appropriated in this Act $8,026,869 $9,968,572 Section 28: Insurance, Office of the Commission of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds $16,615,659 $954,555 $954,555 $97,232 $81,806 THURSDAY, FEBRUARY 11, 2010 467 Other Funds - Not Specifically Identified State Funds State General Funds $15,426 $15,563,872 $15,563,872 28.1. Departmental Administration Purpose: 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 Funds $1,801,916 State Funds $1,801,916 State General Funds $1,801,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,078,205 $2,078,205 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($50,106) ($50,106) $5,590 $5,590 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce personal services. $9,631 ($57,298) ($164,106) $9,631 ($57,298) ($164,106) Reduce travel funds. ($20,000) ($20,000) Amount appropriated in this Act $1,801,916 $1,801,916 28.2. Enforcement Purpose: 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 Funds $592,709 State Funds $592,709 State General Funds $592,709 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $749,047 Total Funds $749,047 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($50,107) ($50,107) 468 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce personal services. Amount appropriated in this Act $5,590 $2,436 ($57,298) ($56,959) $592,709 $5,590 $2,436 ($57,298) ($56,959) $592,709 28.3. Fire Safety Purpose: 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 Funds $5,581,873 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 $4,530,086 State General Funds $4,530,086 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,989,035 $6,040,822 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($50,107) ($50,107) $5,591 $5,591 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce personal services. $33,167 ($57,298) ($390,302) $33,167 ($57,298) ($390,302) Amount appropriated in this Act $4,530,086 $5,581,873 28.4. Industrial Loan Purpose: To protect consumers by licensing, regulating and examining finance companies that provide consumer loans of $3,000 or less. Total Funds $452,596 THURSDAY, FEBRUARY 11, 2010 469 State Funds State General Funds $452,596 $452,596 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $653,190 Total Funds $653,190 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($50,107) ($50,107) $5,590 $5,590 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $817 $817 Reduce personal services to reflect furlough savings associated with 6 days. ($57,298) ($57,298) Reduce personal services. ($49,596) ($49,596) Reduce regular operating expenses. ($50,000) ($50,000) Amount appropriated in this Act $452,596 $452,596 28.5. Insurance Regulation Purpose: 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 Funds $5,013,044 State Funds $5,013,044 State General Funds $5,013,044 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,560,402 $5,560,402 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($50,107) ($50,107) Reflect an adjustment in the Workers' Compensation premium. $5,590 $5,590 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $30,898 $30,898 Reduce personal services to reflect furlough savings associated with 6 days. ($57,298) ($57,298) Reduce personal services. ($436,441) ($436,441) 470 JOURNAL OF THE HOUSE Reduce regular operating expenses. Amount appropriated in this Act ($40,000) $5,013,044 ($40,000) $5,013,044 28.6. Special Fraud Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. Total Funds $3,173,521 State Funds $3,173,521 State General Funds $3,173,521 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,291,610 Total Funds $3,291,610 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce regular operating expenses. $11,411 ($129,500) $11,411 ($129,500) Amount appropriated in this Act $3,173,521 $3,173,521 Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $116,388,976 $31,160,819 $31,160,819 $6,132,772 $6,132,772 $18,939,541 $18,939,541 $60,155,844 $60,155,844 29.1. Bureau Administration Purpose: 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 Funds $11,707,052 Federal Funds and Grants $100,668 Federal Funds Not Specifically Identified $100,668 State Funds $11,606,384 State General Funds $11,606,384 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 471 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate 6 vacant positions. Amount appropriated in this Act State Funds $10,919,277 ($51,946) Total Funds $11,019,945 ($51,946) ($5,343) $1,253,101 ($63,172) ($445,533) $11,606,384 ($5,343) $1,253,101 ($63,172) ($445,533) $11,707,052 29.2. Criminal Justice Information Services Purpose: 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 Funds $10,215,119 Federal Funds and Grants $503,325 Federal Funds Not Specifically Identified $503,325 Other Funds $1,990,604 Other Funds - Not Specifically Identified $1,990,604 State Funds $7,721,190 State General Funds $7,721,190 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,152,907 Total Funds $10,646,836 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($88,304) ($88,304) ($3,989) ($3,989) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $400,061 $400,061 Eliminate 14 vacant positions. ($628,981) ($628,981) Reduce personal services to reflect furlough savings associated with 6 days. ($110,504) ($110,504) Amount appropriated in this Act $7,721,190 $10,215,119 472 JOURNAL OF THE HOUSE 29.3. Forensic Scientific Services Purpose: 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 Funds $20,576,264 Federal Funds and Grants $103,331 Federal Funds Not Specifically Identified $103,331 Federal Recovery Funds $3,066,386 Federal Recovery Funds Not Specifically Identified $3,066,386 Other Funds $157,865 Other Funds - Not Specifically Identified $157,865 State Funds $17,248,682 State General Funds $17,248,682 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $19,155,465 Total Funds $22,483,047 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($236,002) ($236,002) ($9,371) ($9,371) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $111,124 $111,124 Eliminate 38 vacant positions. ($1,516,100) ($1,516,100) Reduce personal services to reflect furlough savings associated with 6 days. ($256,434) ($256,434) Amount appropriated in this Act $17,248,682 $20,576,264 29.4. Georgia Information Sharing and Analysis Center Purpose: 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 Funds $1,187,907 Federal Funds and Grants $360,025 Federal Funds Not Specifically Identified $360,025 State Funds $827,882 State General Funds $827,882 THURSDAY, FEBRUARY 11, 2010 473 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $890,122 $1,250,147 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($11,285) ($11,285) Reflect an adjustment in the Workers' Compensation premium. ($435) ($435) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $29,018 $29,018 Reduce personal services to reflect furlough savings associated with 6 days. ($9,538) ($9,538) Reduce funds for personal services due to agent transfers. ($70,000) ($70,000) Amount appropriated in this Act $827,882 $1,187,907 29.5. Regional Investigative Services Purpose: 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. Total Funds $24,361,276 Federal Funds and Grants $880,858 Federal Funds Not Specifically Identified $880,858 Federal Recovery Funds $3,066,386 Federal Recovery Funds Not Specifically Identified $3,066,386 Other Funds $238,961 Other Funds - Not Specifically Identified $238,961 State Funds $20,175,071 State General Funds $20,175,071 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $20,994,757 $25,180,962 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($268,446) ($268,446) ($10,271) ($10,271) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $148,024 $148,024 474 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for 9 vacant agent positions. ($301,946) ($387,047) ($301,946) ($387,047) Amount appropriated in this Act $20,175,071 $24,361,276 29.6. Medicaid Fraud Control Unit Purpose: 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 Funds $4,727,112 Federal Funds and Grants $3,597,990 Federal Funds Not Specifically Identified $3,597,990 Other Funds $2,111 Other Funds - Not Specifically Identified $2,111 State Funds $1,127,011 State General Funds $1,127,011 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,199,330 Total Funds $4,799,431 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($15,145) ($15,145) ($587) ($587) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for 3 vacant positions and operating expenses. $42,138 ($6,294) ($92,431) $42,138 ($6,294) ($92,431) Amount appropriated in this Act $1,127,011 $4,727,112 29.7. Task Forces Purpose: 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 Funds $1,067,998 State Funds $1,067,998 State General Funds $1,067,998 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,186,367 $1,186,367 THURSDAY, FEBRUARY 11, 2010 475 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for personal services due to agent transfers. Amount appropriated in this Act ($13,548) ($13,548) ($580) $12,157 ($16,398) ($100,000) $1,067,998 ($580) $12,157 ($16,398) ($100,000) $1,067,998 The following appropriations are for agencies attached for administrative purposes. 29.8. Criminal Justice Coordinating Council Purpose: 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 Funds $42,546,248 Federal Funds and Grants $25,614,622 Federal Funds Not Specifically Identified $25,614,622 Other Funds $16,550,000 Other Funds - Not Specifically Identified $16,550,000 State Funds $381,626 State General Funds $381,626 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $407,757 $42,572,379 Reflect an adjustment in the Workers' Compensation premium. ($96) ($96) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $77,363 $77,363 Reduce personal services to reflect furlough savings associated with 6 days. ($3,398) ($3,398) Eliminate the Local Law Enforcement and Fire Safety grant program. ($100,000) ($100,000) Amount appropriated in this Act $381,626 $42,546,248 476 JOURNAL OF THE HOUSE Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $311,585,687 $1,497,576 $1,497,576 $28,020,203 $28,020,203 $13,547,027 $25,060 $13,521,967 $268,520,881 $268,520,881 30.1. Administration Purpose: 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 $27,378,338 Federal Funds and Grants $368,483 Federal Funds Not Specifically Identified $368,483 Federal Recovery Funds $2,493,798 Federal Recovery Funds Not Specifically Identified $2,493,798 Other Funds $236,703 Agency Funds $25,060 Other Funds - Not Specifically Identified $211,643 State Funds $24,279,354 State General Funds $24,279,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $26,339,136 Total Funds $29,446,242 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($163,619) ($163,619) Reflect an adjustment in the Workers' Compensation premium. $30,882 $30,882 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($190,170) and with 6 days additional excluding Juvenile Correctional Officers and food service staff ($104,169). ($128,147) ($294,339) ($136,269) ($294,339) Streamline service delivery and eliminate 25 full-time positions and 4 part-time positions. ($1,235,410) ($1,235,410) THURSDAY, FEBRUARY 11, 2010 477 Streamline delivery of mental health services at secure facilities with existing staff. Eliminate funds for motor vehicle purchases. Reduce funds for personal services to reflect projected expenditures. Reduce contract funds. Amount appropriated in this Act ($26,250) ($63,000) ($57,399) ($122,500) $24,279,354 ($26,250) ($63,000) ($57,399) ($122,500) $27,378,338 30.2. Community Non-secure Commitment Purpose: 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 Funds $43,408,723 Federal Recovery Funds $3,726,687 Federal Recovery Funds Not Specifically Identified $3,726,687 Other Funds $5,002,533 Other Funds - Not Specifically Identified $5,002,533 State Funds $34,679,503 State General Funds $34,679,503 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $34,744,412 $43,473,632 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($20,094) ($20,094) $3,408 $3,408 Reduce personal services to reflect furlough savings associated with 6 days ($26,074) and with 6 additional days excluding Juvenile Correctional Officers and food service staff ($14,280). ($40,354) ($40,354) Reduce funds for personal services to reflect projected expenditures. ($7,869) ($7,869) Amount appropriated in this Act $34,679,503 $43,408,723 30.3. Community Supervision Purpose: 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 Funds $55,138,841 Federal Recovery Funds $4,679,374 478 JOURNAL OF THE HOUSE Federal Recovery Funds Not Specifically Identified $4,679,374 Other Funds $4,297,106 Other Funds - Not Specifically Identified $4,297,106 State Funds $46,162,361 State General Funds $46,162,361 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $46,741,824 Total Funds $55,718,304 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($556,878) ($556,878) $117,881 $117,881 Reduce personal services to reflect furlough savings associated with 6 days ($1,188,136) and with 6 additional days excluding Juvenile Correctional Officers and food service staff ($650,821). ($1,838,957) ($1,838,957) Streamline service delivery and eliminate 15 positions. ($778,618) ($778,618) Eliminate funds for motor vehicle purchases. ($130,543) ($130,543) Reduce contract funds. ($36,965) ($36,965) Reduce funds for personal services to reflect projected expenditures. ($193,553) ($193,553) Fund 24 existing Juvenile Probation and Parole Specialist positions with federal funds. ($942,614) ($942,614) Replace loss of federal revenue with state funds. $3,780,784 $3,780,784 Amount appropriated in this Act $46,162,361 $55,138,841 30.4. Secure Commitment (YDCs) Purpose: 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 Funds $80,952,256 Federal Funds and Grants $1,070,787 Federal Funds Not Specifically Identified $1,070,787 Federal Recovery Funds $8,013,778 Federal Recovery Funds Not Specifically Identified $8,013,778 Other Funds $2,056,667 Other Funds - Not Specifically Identified $2,056,667 State Funds $69,811,024 State General Funds $69,811,024 THURSDAY, FEBRUARY 11, 2010 479 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $83,434,544 $94,575,776 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($970,231) ($970,231) Reflect an adjustment in the Workers' Compensation premium. $184,662 $184,662 Reduce personal services to reflect furlough savings associated with 6 days ($954,412) and with 6 additional days excluding Juvenile Correctional Officers and food service staff ($522,795). ($1,477,207) ($1,477,207) Streamline service delivery and eliminate 4 positions. ($104,933) ($104,933) Close the Bill Ireland YDC effective January 1, 2010. ($9,517,182) ($9,517,182) Reduce the capacity at the Macon YDC by 20 beds. ($624,137) ($624,137) Reduce funds for personal services to reflect projected expenditures. ($837,655) ($837,655) Eliminate funds for motor vehicle purchases. ($84,803) ($84,803) Reduce contract funds. ($192,034) ($192,034) Amount appropriated in this Act $69,811,024 $80,952,256 30.5. Secure Detention (RYDCs) Purpose: 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 Funds $104,707,529 Federal Funds and Grants $58,306 Federal Funds Not Specifically Identified $58,306 Federal Recovery Funds $9,106,566 Federal Recovery Funds Not Specifically Identified $9,106,566 Other Funds $1,954,018 Other Funds - Not Specifically Identified $1,954,018 State Funds $93,588,639 State General Funds $93,588,639 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $96,769,157 $107,888,047 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($1,159,684) ($1,159,684) 480 JOURNAL OF THE HOUSE Reflect an adjustment in the Workers' Compensation premium. Reduce personal services to reflect furlough savings associated with 6 days ($954,412) and with 6 additional days excluding Juvenile Correctional Officers and food service staff ($522,795). Streamline service delivery and eliminate 4 positions. Streamline delivery of mental health services at secure facilities with existing staff. Reduce funds for personal services to reflect projected expenditures. Eliminate funds for motor vehicle purchases. Amount appropriated in this Act $220,329 ($1,477,207) $220,329 ($1,477,207) ($204,390) ($65,910) ($204,390) ($65,910) ($427,925) ($65,731) $93,588,639 ($427,925) ($65,731) $104,707,529 Section 31: 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 $419,012,910 $345,440,508 $345,440,508 $31,523,391 $729,513 $30,793,878 $42,044,211 $42,044,211 $4,800 $4,800 31.1. Business Enterprise Program Purpose: Assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,275,606 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 State Funds $309,521 State General Funds $309,521 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $383,839 Total Funds $2,349,924 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($2,050) ($2,050) $480 $480 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,464) ($1,464) THURSDAY, FEBRUARY 11, 2010 481 Reduce operating expenses. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($68,488) ($2,796) $309,521 ($68,488) ($2,796) $2,275,606 31.2. Commission on Women Purpose: Advance the health, education, economic, social and legal status of women in Georgia. Total Funds $68,075 State Funds $68,075 State General Funds $68,075 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $82,860 Total Funds $82,860 Reduce operating expenses. ($14,785) ($14,785) Amount appropriated in this Act $68,075 $68,075 31.3. Department of Labor Administration Purpose: Work with public partners in building a world-class workforce system that contributes to Georgia's economic prosperity. Total Funds $39,847,062 Federal Funds and Grants $37,923,936 Federal Funds Not Specifically Identified $37,923,936 State Funds $1,923,126 State General Funds $1,923,126 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,376,849 $40,300,785 Reflect an adjustment in the Workers' Compensation premium. $2,970 $2,970 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($9,371) ($9,371) Reduce operating expenses. ($392,936) ($392,936) Reduce contract funds. ($27,520) ($27,520) Reduce personal services to reflect furlough savings associated with 6 days. ($26,866) ($26,866) Amount appropriated in this Act $1,923,126 $39,847,062 482 JOURNAL OF THE HOUSE 31.4. Disability Adjudication Section Purpose: Efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. Total Funds $55,598,820 Federal Funds and Grants $55,598,820 Federal Funds Not Specifically Identified $55,598,820 31.5. Division of Rehabilitation Administration Purpose: Help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. Total Funds $4,645,489 Federal Funds and Grants $2,913,518 Federal Funds Not Specifically Identified $2,913,518 State Funds $1,731,971 State General Funds $1,731,971 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,174,782 $5,088,300 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($11,616) ($11,616) $2,717 $2,717 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce contract funds. ($8,294) ($288,627) ($8,294) ($288,627) Reduce operating expenses. ($110,389) ($110,389) Reduce personal services to reflect furlough savings associated with 6 days. ($26,602) ($26,602) Amount appropriated in this Act $1,731,971 $4,645,489 31.6. Georgia Industries for the Blind Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $12,132,149 Other Funds $11,828,888 Agency Funds $729,513 Other Funds - Not Specifically Identified $11,099,375 State Funds $303,261 State General Funds $303,261 THURSDAY, FEBRUARY 11, 2010 483 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $376,444 $12,205,332 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($2,011) ($2,011) Reflect an adjustment in the Workers' Compensation premium. $470 $470 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,436) ($1,436) Reduce operating expenses. ($67,170) ($67,170) Reduce personal services to reflect furlough savings associated with 6 days. ($3,036) ($3,036) Amount appropriated in this Act $303,261 $12,132,149 31.7. Labor Market Information Purpose: Collect, analyze, and publish a wide array of information about the state's labor market. Total Funds $2,824,348 Federal Funds and Grants $2,249,873 Federal Funds Not Specifically Identified $2,249,873 State Funds $574,475 State General Funds $574,475 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $715,720 Total Funds $2,965,593 Reflect an adjustment in the Workers' Compensation premium. $894 $894 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses. ($2,729) ($127,706) ($2,729) ($127,706) Reduce personal services to reflect furlough savings associated with 6 days. ($11,704) ($11,704) Amount appropriated in this Act $574,475 $2,824,348 31.8. Roosevelt Warm Springs Institute Purpose: Empower individuals with disabilities to achieve personal independence. Total Funds $31,710,534 Federal Funds and Grants $6,989,289 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,888,287 484 JOURNAL OF THE HOUSE Other Funds - Not Specifically Identified $18,888,287 State Funds $5,828,158 State General Funds $5,828,158 Intra-State Government Transfers $4,800 Other Intra-State Government Payments $4,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,708,357 Total Funds $32,590,733 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($35,834) ($35,834) $8,382 $8,382 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($25,583) ($25,583) Reduce operating expenses. ($611,931) ($611,931) Reduce contract funds. ($64,717) ($64,717) Reduce personal services to reflect furlough savings associated with 6 days. ($150,516) ($150,516) Amount appropriated in this Act $5,828,158 $31,710,534 31.9. Safety Inspections Purpose: Promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. Total Funds $2,873,980 Federal Funds and Grants $168,552 Federal Funds Not Specifically Identified $168,552 State Funds $2,705,428 State General Funds $2,705,428 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,087,669 $3,256,221 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($16,493) ($16,493) Reflect an adjustment in the Workers' Compensation premium. $3,858 $3,858 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($11,775) ($11,775) Reduce operating expenses. ($305,333) ($305,333) Reduce contract funds. ($7,238) ($7,238) THURSDAY, FEBRUARY 11, 2010 485 Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($45,260) $2,705,428 ($45,260) $2,873,980 31.10. Unemployment Insurance Purpose: Enhance Georgia's economic strength by collecting unemployment insurance taxes from Georgia's employers and distributing unemployment benefits to eligible claimants. Total Funds $55,265,642 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 State Funds $6,092,456 State General Funds $6,092,456 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,433,116 Total Funds $56,606,302 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($57,080) ($57,080) $9,287 $9,287 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 23 vacant positions. ($28,347) ($28,347) ($1,157,224) ($1,157,224) Reduce personal services to reflect furlough savings associated with 6 days. ($107,296) ($107,296) Amount appropriated in this Act $6,092,456 $55,265,642 31.11. Vocational Rehabilitation Program Purpose: Assist people with disabilities so that they may go to work. Total Funds $82,676,515 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 $16,203,146 State General Funds $16,203,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $16,488,544 $82,961,913 486 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce contract funds. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($55,960) ($55,960) $20,602 ($62,880) ($51,820) ($135,340) $16,203,146 $20,602 ($62,880) ($51,820) ($135,340) $82,676,515 31.12. Workforce Development Purpose: Assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $129,094,690 Federal Funds and Grants $122,790,096 Federal Funds Not Specifically Identified $122,790,096 State Funds $6,304,594 State General Funds $6,304,594 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $7,603,841 $130,393,937 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($72,318) ($72,318) Reflect an adjustment in the Workers' Compensation premium. $9,501 $9,501 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Eliminate 26 vacant positions. ($29,006) ($29,006) ($1,157,224) ($1,157,224) Reduce personal services to reflect furlough savings associated with 6 days. ($50,200) ($50,200) Amount appropriated in this Act $6,304,594 $129,094,690 Section 32: Law, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $53,539,540 $36,826,240 $36,826,240 $16,713,300 $16,713,300 THURSDAY, FEBRUARY 11, 2010 487 32.1. Department of Law Purpose: 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 Funds $53,539,540 Other Funds $36,826,240 Other Funds - Not Specifically Identified $36,826,240 State Funds $16,713,300 State General Funds $16,713,300 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $18,008,924 Total Funds $54,835,164 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($333,719) ($333,719) Reflect an adjustment in the Workers' Compensation premium. $1,947 $1,947 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($401,460) and 3 additional days ($200,730). Reduce contract funds for staffing services. ($13,822) ($602,190) ($20,586) ($13,822) ($602,190) ($20,586) Defer filling 3 vacant attorney positions and 1 vacant paralegal position. ($327,254) ($327,254) Amount appropriated in this Act $16,713,300 $53,539,540 Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds $250,443,749 $46,523,404 $46,523,404 $113,112,907 $59,686,329 $53,322,665 $103,913 $90,807,438 $90,807,438 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 488 JOURNAL OF THE HOUSE 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. 33.1. Coastal Resources Purpose: 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 Funds $5,871,023 Federal Funds and Grants $3,563,559 Federal Funds Not Specifically Identified $3,563,559 Other Funds $119,549 Other Funds - Not Specifically Identified $119,549 State Funds $2,187,915 State General Funds $2,187,915 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,457,171 $6,140,279 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($21,515) ($21,515) ($3,343) ($3,343) Reduce operating expenses. ($20,350) ($20,350) Reduce personal services to reflect furlough savings associated with 6 days ($67,046) and 3 additional days ($33,523). Replace state funds with other funds for operating expenses. ($100,569) ($29,345) ($100,569) ($29,345) Reduce state funds for the water quality laboratory analysis contract. ($17,432) ($17,432) Replace state funds with other funds for artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters. ($76,702) ($76,702) Amount appropriated in this Act $2,187,915 $5,871,023 THURSDAY, FEBRUARY 11, 2010 489 33.2. Departmental Administration Purpose: Provide administrative support for all programs of the department. Total Funds $11,183,830 Federal Funds and Grants $174,383 Federal Funds Not Specifically Identified $174,383 State Funds $11,009,447 State General Funds $11,009,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $11,186,710 Total Funds $11,934,359 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($70,639) ($70,639) ($9,320) ($9,320) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($131,766) and 3 additional days ($65,883). $458,791 ($197,649) $458,791 ($197,649) Reduce personal services and eliminate 6 vacant positions. (H:Reflect 8 vacancies.) ($232,627) ($232,627) Reduce operating expenses. (H:Increase reduction to reflect agency's 5% withhold plan.) Eliminate other funds for operating expenses ($573,266). ($125,819) $0 ($125,819) ($573,266) Amount appropriated in this Act $11,009,447 $11,183,830 33.3. Environmental Protection Purpose: 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 Funds $109,202,313 490 JOURNAL OF THE HOUSE Federal Funds and Grants $23,614,093 Federal Funds Not Specifically Identified $23,614,093 Other Funds $59,751,329 Agency Funds $59,686,329 Other Funds - Not Specifically Identified $65,000 State Funds $25,836,891 State General Funds $25,836,891 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $29,633,853 $112,902,956 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($363,247) ($363,247) ($56,347) ($56,347) Reduce personal services to reflect furlough savings associated with 6 days ($465,294) and 2 additional days ($155,098). Replace state funds with other funds for fuel testing ($131,000), total maximum daily load ($360,000) and the state water plan ($540,000). ($620,392) ($620,392) ($1,031,000) ($1,031,000) Eliminate contract funds for Clean Cities ($10,000) and the Clean Air Campaign ($620,000). ($630,000) ($630,000) Reduce contract funds for the environmental monitoring contract. ($80,000) ($80,000) Reduce personal services and eliminate 14 vacant positions. (H:Reflect additional vacancies.) Replace state funds with federal funds in personal services ($74,353) and regular operating expenses ($21,966). ($919,657) ($96,319) ($919,657) $0 Amount appropriated in this Act $25,836,891 $109,202,313 33.4. Hazardous Waste Trust Fund Purpose: 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 Funds $3,091,331 State Funds $3,091,331 State General Funds $3,091,331 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,197,099 Total Funds $3,197,099 Reduce operating expenses. ($255,768) ($255,768) THURSDAY, FEBRUARY 11, 2010 491 Provide funds for Voluntary Remediation per HB 248. Amount appropriated in this Act $150,000 $3,091,331 $150,000 $3,091,331 33.5. Historic Preservation Purpose: 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 Funds $2,565,029 Federal Funds and Grants $1,007,287 Federal Funds Not Specifically Identified $1,007,287 State Funds $1,557,742 State General Funds $1,557,742 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,834,713 $2,842,000 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($18,948) ($18,948) ($3,223) ($3,223) Reduce personal services to reflect furlough savings associated with 6 days ($34,144) and 3 additional days ($17,072). ($51,216) ($51,216) Reduce personal services and eliminate 6 vacant positions. ($185,595) ($185,595) Replace state funds with other funds for the National Register of Historic Places surveying contract. Recognize expenditure control efficiencies from agency's 5% withhold plan. ($13,500) ($4,489) ($13,500) ($4,489) Amount appropriated in this Act $1,557,742 $2,565,029 33.6. Land Conservation Purpose: 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 Funds $420,440 State Funds $420,440 State General Funds $420,440 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 492 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Amount appropriated in this Act State Funds $425,768 ($4,731) Total Funds $425,768 ($4,731) ($597) $420,440 ($597) $420,440 33.7. Parks, Recreation and Historic Sites Purpose: Manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. Total Funds $57,538,785 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 $14,714,517 State General Funds $14,714,517 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $16,798,872 Total Funds $59,623,140 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($216,519) ($216,519) ($64,346) ($64,346) Reduce personal services to reflect furlough savings associated with 6 days ($535,660) and 3 additional days ($267,830). Reduce state funds for new construction of state parks' cabins. ($803,490) ($803,490) ($1,000,000) ($1,000,000) Amount appropriated in this Act $14,714,517 $57,538,785 33.8. Pollution Prevention Assistance Purpose: 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 Funds $211,893 Federal Funds and Grants $96,580 Federal Funds Not Specifically Identified $96,580 Other Funds $115,313 THURSDAY, FEBRUARY 11, 2010 493 Other Funds - Not Specifically Identified Prior Year Funds - Other $11,400 $103,913 33.9. Solid Waste Trust Fund Purpose: 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 Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,407,138 Total Funds $1,407,138 Eliminate operating funds. ($1,407,138) ($1,407,138) Amount appropriated in this Act $0 $0 33.10. Wildlife Resources Purpose: 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 Funds $58,058,182 Federal Funds and Grants $16,363,473 Federal Funds Not Specifically Identified $16,363,473 Other Funds $12,006,477 Other Funds - Not Specifically Identified $12,006,477 State Funds $29,688,232 State General Funds $29,688,232 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $32,414,857 $60,784,807 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($321,327) ($321,327) ($59,332) ($59,332) Reduce personal services to reflect furlough savings associated with 6 days ($543,050) and 3 additional days ($271,525). Reduce personal services and eliminate 17 vacant and 1 filled positions. ($814,575) ($814,575) ($1,031,539) ($1,031,539) 494 JOURNAL OF THE HOUSE Replace state funds with federal funds for personal services. Replace state funds with other funds for the Bobwhite Quail Initiative (BQI). Reduce operating expenses. (H:Reflect efficiency savings as reflected in the agency's 5% withhold plan.) Defer repairs and maintenance funding for boat house construction and office maintenance. Amount appropriated in this Act ($30,000) ($167,582) ($217,270) ($30,000) ($167,582) ($217,270) ($85,000) ($85,000) $29,688,232 $58,058,182 The following appropriations are for agencies attached for administrative purposes. 33.11. Payments to Georgia Agricultural Exposition Authority Purpose: Reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. Total Funds $1,378,701 State Funds $1,378,701 State General Funds $1,378,701 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,563,704 $1,563,704 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($16,990) ($16,990) Reflect an adjustment in the Workers' Compensation premium. $7,898 $7,898 Reduce funds to the Georgia Agricultural Exposition Authority. ($156,851) ($156,851) Reduce personal services to reflect furlough savings associated with 6 days. ($19,060) ($19,060) Amount appropriated in this Act $1,378,701 $1,378,701 33.12. Payments to Georgia Agrirama Development Authority Purpose: 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 Funds $691,760 State Funds $691,760 State General Funds $691,760 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 495 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funds to the Agrirama Development Authority. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act State Funds $775,248 ($11,932) Total Funds $775,248 ($11,932) ($383) $1,110 ($58,897) ($13,386) $691,760 ($383) $1,110 ($58,897) ($13,386) $691,760 33.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority. Total Funds $35,795 State Funds $35,795 State General Funds $35,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $75,000 $75,000 Reduce funds to the Lake Allatoona Preservation Authority. ($39,205) ($39,205) Amount appropriated in this Act $35,795 $35,795 33.14. Payments to Southwest Georgia Railroad Excursion Authority Purpose: Provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in Crisp and Sumter counties located in Southwest Georgia. Total Funds $194,667 State Funds $194,667 State General Funds $194,667 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $211,595 Total Funds $211,595 Reduce funds to the Southwest Georgia Railroad Excursion Authority. ($16,928) ($16,928) Amount appropriated in this Act $194,667 $194,667 496 JOURNAL OF THE HOUSE Section 34: Pardons and Paroles, State Board of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $50,533,035 $806,050 $806,050 $49,726,985 $49,726,985 34.1. Board Administration Purpose: The purpose of this appropriation is to provide administrative support for the agency. Total Funds $5,603,514 State Funds $5,603,514 State General Funds $5,603,514 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,726,454 Total Funds $5,726,454 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($50,401) ($50,401) Reflect an adjustment in the Workers' Compensation premium. $392 $392 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate 1 basic training class and delay replacement of computers. $71,142 ($59,360) ($100,054) $71,142 ($59,360) ($100,054) Redistribute funds for telecommunication expenses paid to GTA from the Parole Supervision program to reflect proper program alignment. Reduce operating expenses. $40,000 ($19,786) $40,000 ($19,786) Reduce personal services. ($4,873) ($4,873) Amount appropriated in this Act $5,603,514 $5,603,514 34.2. Clemency Decisions Purpose: 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 Funds $6,639,047 State Funds $6,639,047 State General Funds $6,639,047 THURSDAY, FEBRUARY 11, 2010 497 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,918,116 $6,918,116 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($94,566) ($94,566) Reflect an adjustment in the Workers' Compensation premium. $878 $878 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $12,528 $12,528 Reduce personal services to reflect furlough savings associated with 6 days. ($108,000) ($108,000) Eliminate funds for equipment purchases. ($13,909) ($13,909) Recognize savings due to a delay in replacing a retiring employee in Records Processing. ($40,000) ($40,000) Reduce operating expenses. ($36,000) ($36,000) Amount appropriated in this Act $6,639,047 $6,639,047 34.3. Parole Supervision Purpose: 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 Funds $37,856,596 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 State Funds $37,050,546 State General Funds $37,050,546 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $40,325,126 $41,131,176 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($502,502) ($502,502) $5,514 $5,514 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce contract funds for extradition of Georgia parole violators being supervised in other states. $57,208 ($561,600) ($75,000) $57,208 ($561,600) ($75,000) 498 JOURNAL OF THE HOUSE Recognize savings due to a delay in hiring for 25 vacant parole officer positions. Reduce operating expenditures for travel, telecommunications and copiers. Redistribute funds for telecommunication expenses paid to GTA to the Board Administration program to reflect proper program alignment. Reduce one-time funds available for the community-based substance abuse program. Reduce one-time funds available for the GPS electronic monitoring program. Reduce operating expenses. Amount appropriated in this Act ($1,121,000) ($1,121,000) ($550,000) ($550,000) ($40,000) ($40,000) ($250,000) ($50,000) ($187,200) $37,050,546 ($250,000) ($50,000) ($187,200) $37,856,596 34.4. Victim Services Purpose: 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 Funds $433,878 State Funds $433,878 State General Funds $433,878 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $447,610 Total Funds $447,610 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($5,829) ($5,829) $51 $51 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. $1,406 ($7,020) ($2,340) $1,406 ($7,020) ($2,340) Amount appropriated in this Act $433,878 $433,878 Section 35: Personnel Administration, State Total Funds Intra-State Government Transfers Other Intra-State Government Payments $11,320,799 $11,320,799 $11,320,799 THURSDAY, FEBRUARY 11, 2010 499 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. 35.1. Recruitment and Staffing Services Purpose: 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 Funds $1,055,312 Intra-State Government Transfers $1,055,312 Other Intra-State Government Payments $1,055,312 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $1,173,280 Reduce other funds for operating expenses ($93,080). $0 ($93,080) Reduce personal services to reflect furlough savings associated with 6 days ($24,888). $0 ($24,888) Amount appropriated in this Act $0 $1,055,312 35.2. System Administration Purpose: Provide administrative and technical support to the agency. Total Funds Intra-State Government Transfers Other Intra-State Government Payments $3,474,963 $3,474,963 $3,474,963 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $2,620,875 Reduce other funds for operating expenses ($205,850). $0 ($205,850) Reduce personal services to reflect furlough savings associated with 6 days ($83,462). $0 ($83,462) Increase payments to the Treasury by $1,143,400 from $1,398,877 to $2,542,277. $0 $1,143,400 Amount appropriated in this Act $0 $3,474,963 35.3. Total Compensation and Rewards Purpose: Ensure fair and consistent employee compensation practices across state agencies. 500 JOURNAL OF THE HOUSE Total Funds $3,601,789 Intra-State Government Transfers $3,601,789 Other Intra-State Government Payments $3,601,789 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $3,984,178 Reduce other funds for operating expenses ($315,935). $0 ($315,935) Reduce personal services to reflect furlough savings associated with 6 days ($66,454). Amount appropriated in this Act $0 ($66,454) $0 $3,601,789 35.4. Workforce Development and Alignment Purpose: 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 Funds $3,188,735 Intra-State Government Transfers $3,188,735 Other Intra-State Government Payments $3,188,735 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $3,542,466 Reduce other funds for operating expenses ($280,135). $0 ($280,135) Reduce personal services to reflect furlough savings associated with 6 days ($73,596). $0 ($73,596) Amount appropriated in this Act $0 $3,188,735 Section 36: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified $1,037,739 $1,037,739 $1,037,739 36.1. State Properties Commission Purpose: 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 Funds $918,528 THURSDAY, FEBRUARY 11, 2010 501 Other Funds $918,528 Other Funds - Not Specifically Identified $918,528 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $1,037,739 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. $0 ($19,215) Reduce personal services to reflect furlough savings associated with 6 days (Other Funds: ($21,256)). $0 ($21,256) Affect a reduction in operating budget through continued efficiencies and by requiring a payment to the State Treasury from GBA prior year reserves including an adjustment recognizing an increase in Workers' Compensation premiums (Other Funds: ($78,740)). $0 ($78,740) Amount appropriated in this Act $0 $918,528 The following appropriations are for agencies attached for administrative purposes. 36.2. Payments to Georgia Building Authority Purpose: The purpose of this appropriation is to provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority. Total Funds $119,211 Other Funds $119,211 Other Funds - Not Specifically Identified $119,211 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $0 Total Funds $0 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days (Other Funds: ($188,992)). Affect a reduction in operating budget through continued efficiencies and by requiring a payment to the State Treasury from prior year reserves including an adjustment recognizing an increase in Workers' Compensation premiums (Other Funds: ($2,549,454)). Increase payments to Treasury (Other Funds: $3,028,404). $0 ($170,747) $0 ($188,992) $0 ($2,549,454) $0 $3,028,404 Amount appropriated in this Act $0 $119,211 502 JOURNAL OF THE HOUSE Section 37: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $38,585,722 $1,200,000 $1,200,000 $37,385,722 $37,385,722 37.1. Public Defender Standards Council Purpose: The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. Total Funds $6,840,171 Other Funds $1,200,000 Other Funds - Not Specifically Identified $1,200,000 State Funds $5,640,171 State General Funds $5,640,171 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,042,063 Total Funds $7,242,063 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($72,811) ($72,811) Reflect an adjustment in the Workers' Compensation premium. $12,216 $12,216 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. $7,230 ($61,240) ($105,430) $7,230 ($61,240) ($105,430) Reduce funds for personal services to reflect projected expenditures. ($181,857) ($181,857) Amount appropriated in this Act $5,640,171 $6,840,171 37.2. Public Defenders Purpose: 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 Funds $30,135,383 State Funds $30,135,383 State General Funds $30,135,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 503 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for personal services to reflect projected expenditures. Reduce funds to the 6 opt-out circuits to match agency-wide reductions. Reduce operating expenses in the regional conflict offices. Amount appropriated in this Act State Funds $32,137,164 ($380,466) Total Funds $32,137,164 ($380,466) ($446,728) ($446,728) ($1,050,238) ($70,028) ($1,050,238) ($70,028) ($54,321) $30,135,383 ($54,321) $30,135,383 37.3. Public Defenders - Special Project Purpose: Increase funds for all outstanding non-capital conflict liabilities over a twoyear period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151), and 2008 ($583,343). Total Funds $1,610,168 State Funds $1,610,168 State General Funds $1,610,168 Section 38: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery 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 $162,748,025 $37,366,177 $37,366,177 $8,872,757 $8,872,757 $10,988,186 $1,017,000 $9,971,186 $98,698,406 $98,698,406 $6,822,499 $6,822,499 38.1. Aviation Purpose: 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. 504 JOURNAL OF THE HOUSE Total Funds $1,670,523 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 State Funds $1,470,523 State General Funds $1,470,523 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,501,518 Total Funds $1,701,518 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($9,185) ($9,185) $1,660 $1,660 Reduce personal services to reflect furlough savings associated with 6 days. ($23,470) ($23,470) Amount appropriated in this Act $1,470,523 $1,670,523 38.2. Capitol Police Services Purpose: 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 Funds $6,822,499 Intra-State Government Transfers $6,822,499 Other Intra-State Government Payments $6,822,499 38.3. Departmental Administration Purpose: 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 Funds $7,914,545 Federal Funds and Grants $141,571 Federal Funds Not Specifically Identified $141,571 Other Funds $1,895 Other Funds - Not Specifically Identified $1,895 State Funds $7,771,079 State General Funds $7,771,079 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 505 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($93,384) and 6 additional days ($93,383). Reduce personal services to reflect savings from increased lapse. Reduce replacement funding for computers and related equipment. Amount appropriated in this Act State Funds $8,298,626 ($61,014) Total Funds $8,442,092 ($61,014) $11,025 $53,563 ($186,767) ($44,354) ($300,000) $7,771,079 $11,025 $53,563 ($186,767) ($44,354) ($300,000) $7,914,545 38.4. Executive Security Services Purpose: 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 Funds $1,442,317 State Funds $1,442,317 State General Funds $1,442,317 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,488,079 $1,488,079 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($11,216) ($11,216) Reflect an adjustment in the Workers' Compensation premium. $2,027 $2,027 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $3,749 $3,749 Reduce personal services to reflect furlough savings associated with 6 days. ($20,322) ($20,322) Reduce personal services to reflect savings from attrition. ($20,000) ($20,000) Amount appropriated in this Act $1,442,317 $1,442,317 38.5. Field Offices and Services Purpose: 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 506 JOURNAL OF THE HOUSE 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 Funds $83,441,095 Federal Funds and Grants $11,492,428 Federal Funds Not Specifically Identified $11,492,428 Federal Recovery Funds $8,872,757 Federal Recovery Funds Not Specifically Identified $8,872,757 Other Funds $1,252,400 Other Funds - Not Specifically Identified $1,252,400 State Funds $61,823,510 State General Funds $61,823,510 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $66,219,677 Total Funds $87,837,262 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($761,402) ($761,402) Reflect an adjustment in the Workers' Compensation premium. $137,706 $137,706 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($897,561) and 6 additional days ($897,561). Reduce operating funds to reflect lower fuel and maintenance expenses. $439,851 $439,851 ($1,795,122) ($1,795,122) ($400,000) ($400,000) Reduce non-GTA telecommunications agency-wide. ($100,000) ($100,000) Reduce funding for office supplies agency-wide. ($247,253) ($247,253) Remove motor vehicle replacement funding. ($867,447) ($867,447) Reduce personal services to reflect reassignment of troopers to nonstate funded missions. ($802,500) ($802,500) Amount appropriated in this Act $61,823,510 $83,441,095 38.6. Motor Carrier Compliance Purpose: 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 Funds $20,592,105 Federal Funds and Grants $6,699,743 THURSDAY, FEBRUARY 11, 2010 507 Federal Funds Not Specifically Identified $6,699,743 Other Funds $6,510,227 Other Funds - Not Specifically Identified $6,510,227 State Funds $7,382,135 State General Funds $7,382,135 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,510,849 Total Funds $20,720,819 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Amount appropriated in this Act ($181,011) ($181,011) $32,708 $19,589 $7,382,135 $32,708 $19,589 $20,592,105 38.7. Specialized Collision Reconstruction Team Purpose: 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 Funds $2,946,707 State Funds $2,946,707 State General Funds $2,946,707 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,072,048 $3,072,048 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($26,289) ($26,289) Reflect an adjustment in the Workers' Compensation premium. $4,750 $4,750 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $4,464 $4,464 Reduce personal services to reflect furlough savings associated with 6 days ($54,133) and 6 additional days ($54,133). ($108,266) ($108,266) Amount appropriated in this Act $2,946,707 $2,946,707 508 JOURNAL OF THE HOUSE 38.8. Troop J Specialty Units Purpose: 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. Total Funds $2,338,286 State Funds $2,338,286 State General Funds $2,338,286 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($33,676) and 6 additional days ($33,676). Amount appropriated in this Act State Funds $2,417,495 ($17,741) Total Funds $2,417,495 ($17,741) $3,206 $2,678 ($67,352) $2,338,286 $3,206 $2,678 ($67,352) $2,338,286 The following appropriations are for agencies attached for administrative purposes. 38.9. Firefighters Standards and Training Council Purpose: 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 Funds $668,044 State Funds $668,044 State General Funds $668,044 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $758,842 Total Funds $758,842 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($8,532) ($8,532) $851 $851 Reduce all non-motor vehicle related operating expenses. ($22,534) ($22,534) THURSDAY, FEBRUARY 11, 2010 509 Remove motor vehicle replacement funding. Reduce replacement funding for computers and related equipment. Reduce per diem and fees used for firefighter certification evaluations. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($22,273) ($6,000) ($22,648) ($9,662) $668,044 ($22,273) ($6,000) ($22,648) ($9,662) $668,044 38.10. Office of Highway Safety Purpose: 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 Funds $18,571,975 Federal Funds and Grants $17,086,129 Federal Funds Not Specifically Identified $17,086,129 Other Funds $1,077,226 Other Funds - Not Specifically Identified $1,077,226 State Funds $408,620 State General Funds $408,620 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $454,022 Total Funds $18,617,377 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses agency-wide. ($6,658) ($6,658) $30,351 ($7,540) ($61,555) $30,351 ($7,540) ($61,555) Amount appropriated in this Act $408,620 $18,571,975 38.11. Peace Officers Standards and Training Council Purpose: 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 Funds $2,196,564 Other Funds $50,000 510 JOURNAL OF THE HOUSE Other Funds - Not Specifically Identified $50,000 State Funds $2,146,564 State General Funds $2,146,564 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $2,186,681 Total Funds $2,236,681 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Replace funds lost due to inability to generate agency revenue. ($20,986) ($20,986) $6,812 ($23,650) $172,958 $6,812 ($23,650) $172,958 Reduce operating expenses agency-wide. ($78,125) ($78,125) Reduce personal services by delaying filling vacant positions ($29,426) and through increased attrition ($6,990). Reduce contracts with the Georgia Sheriffs' Association ($33,974) and the Georgia Association of Chiefs of Police ($26,736). ($36,416) ($60,710) ($36,416) ($60,710) Amount appropriated in this Act $2,146,564 $2,196,564 38.12. Public Safety Training Center Purpose: 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 Funds $14,143,365 Federal Funds and Grants $1,746,306 Federal Funds Not Specifically Identified $1,746,306 Other Funds $2,096,438 Agency Funds $1,017,000 Other Funds - Not Specifically Identified $1,079,438 State Funds $10,300,621 State General Funds $10,300,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $10,990,243 $14,832,987 THURSDAY, FEBRUARY 11, 2010 511 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce funding for the purchase of replacement supplies. Reduce contracts with the Fulton, Clayton, and North Central regional police academies ($81,585), as well as the Georgia Association of Fire Chiefs ($8,500). Delay filling 1 vacant registration clerk position. Reduce personal services to reflect furlough savings associated with 6 days. Transfer duties of weekend front gate security to the Department of Corrections. Reduce funding in basic training division by recruiting students funded by HOPE grants. Reduce contracts. Reduce personal services. Amount appropriated in this Act ($117,693) ($117,693) $11,607 $288,771 ($345,880) ($90,085) $11,607 $288,771 ($345,880) ($90,085) ($13,050) ($132,636) ($13,866) ($177,806) ($72,068) ($26,916) $10,300,621 ($13,050) ($132,636) ($13,866) ($177,806) ($72,068) ($26,916) $14,143,365 Section 39: 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 $9,388,582 $600,000 $600,000 $70,000 $70,000 $8,718,582 $8,718,582 39.1. Commission Administration Purpose: Assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,291,370 Other Funds $70,000 Other Funds - Not Specifically Identified $70,000 State Funds $1,221,370 State General Funds $1,221,370 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,269,316 $1,339,316 512 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses. Amount appropriated in this Act ($18,031) ($18,031) ($577) $1,817 ($31,155) $1,221,370 ($577) $1,817 ($31,155) $1,291,370 39.2. Facility Protection Purpose: Enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. Total Funds $1,442,910 Federal Funds and Grants $600,000 Federal Funds Not Specifically Identified $600,000 State Funds $842,910 State General Funds $842,910 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $860,024 $1,460,024 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($18,032) ($18,032) Reflect an adjustment in the Workers' Compensation premium. ($577) ($577) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,495 $1,495 Amount appropriated in this Act $842,910 $1,442,910 39.3. Utilities Regulation Purpose: 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 Funds $6,654,302 State Funds $6,654,302 State General Funds $6,654,302 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 513 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce operating expenses. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate 3 vacant positions. (H:Remove funding but maintain position count.) Amount appropriated in this Act State Funds $7,606,603 ($84,147) Total Funds $7,606,603 ($84,147) ($2,692) $5,337 ($85,500) ($134,852) ($650,447) $6,654,302 ($2,692) $5,337 ($85,500) ($134,852) ($650,447) $6,654,302 Section 40: Regents, University System of Georgia Total Funds Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds Tobacco Settlement Funds $5,306,970,511 $140,205,159 $140,205,159 $3,318,402,187 $1,749,265,876 $4,600,248 $1,564,536,063 $1,848,363,165 $1,834,343,092 $14,020,073 40.1. Advanced Technology Development Center/Economic Development Institute Purpose: 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 Funds $21,390,436 Other Funds $12,975,000 Agency Funds $12,975,000 State Funds $8,415,436 State General Funds $8,415,436 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,786,796 $24,761,796 514 JOURNAL OF THE HOUSE Reduce funding for personal services and operating expenses. Redirect funding from the seed capital fund in the ATDC/EDI program to the ICAPP Initiative in the Public Service/Special Funding Initiative program for leadership development and training. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($1,342,944) ($1,900,000) ($1,342,944) ($1,900,000) ($128,416) $8,415,436 ($128,416) $21,390,436 40.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness. Total Funds $75,296,872 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $37,743,953 State General Funds $37,743,953 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $41,520,176 Total Funds $79,073,095 Reduce funding for personal services and operating expenses. ($3,321,615) ($3,321,615) Reduce personal services to reflect furlough savings associated with 6 days. ($454,608) ($454,608) Amount appropriated in this Act $37,743,953 $75,296,872 40.3. Athens/Tifton Vet laboratories Purpose: 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 Funds $4,944,522 Other Funds $4,944,522 Research Funds $4,944,522 40.4. Cooperative Extension Service Purpose: Provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4H youth program for the state. Total Funds $56,752,363 Other Funds $25,083,929 THURSDAY, FEBRUARY 11, 2010 515 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $31,668,434 State General Funds $31,668,434 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $34,981,640 Total Funds $60,065,569 Reduce funding for personal services and operating expenses. ($2,798,532) ($2,798,532) Reduce personal services to reflect furlough savings associated with 6 days. ($514,674) ($514,674) Amount appropriated in this Act $31,668,434 $56,752,363 40.5. Forestry Cooperative Extension Purpose: Provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. Total Funds $978,909 Other Funds $400,000 Other Funds - Not Specifically Identified $24,012 Research Funds $375,988 State Funds $578,909 State General Funds $578,909 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $643,589 Total Funds $1,043,589 Reduce funding for personal services. ($51,488) ($51,488) Reduce personal services to reflect furlough savings associated with 6 days. ($13,192) ($13,192) Amount appropriated in this Act $578,909 $978,909 40.6. Forestry Research Purpose: 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 Funds $6,773,070 Other Funds $3,950,426 Other Funds - Not Specifically Identified $950,426 Research Funds $3,000,000 State Funds $2,822,644 State General Funds $2,822,644 516 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,131,681 Total Funds $7,082,107 Reduce funding for personal services. ($250,535) ($250,535) Reduce personal services to reflect furlough savings associated with 6 days. ($58,502) ($58,502) Amount appropriated in this Act $2,822,644 $6,773,070 40.7. Georgia Radiation Therapy Center Purpose: Provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. Total Funds Other Funds Other Funds - Not Specifically Identified $3,625,810 $3,625,810 $3,625,810 40.8. Georgia Tech Research Institute Purpose: 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 Funds $155,309,476 Other Funds $148,917,958 Research Funds $148,917,958 State Funds $6,391,518 State General Funds $6,391,518 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $6,977,104 $155,895,062 Reduce funding for operating expenses. ($585,586) ($585,586) Amount appropriated in this Act $6,391,518 $155,309,476 40.9. Marine Institute Purpose: 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 Funds $1,294,585 Other Funds $486,281 Agency Funds $118,633 Research Funds $367,648 THURSDAY, FEBRUARY 11, 2010 517 State Funds $808,304 State General Funds $808,304 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $891,635 $1,377,916 Reduce funding for personal services and operating expenses. ($71,331) ($71,331) Reduce personal services to reflect furlough savings associated with 6 days. ($12,000) ($12,000) Amount appropriated in this Act $808,304 $1,294,585 40.10. Marine Resources Extension Center Purpose: Fund outreach, education, and research to enhance coastal environmental and economic sustainability. Total Funds $2,669,157 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,323,628 State General Funds $1,323,628 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,465,244 Total Funds $2,810,773 Reduce funding for personal services. ($117,220) ($117,220) Reduce personal services to reflect furlough savings associated with 6 days. ($24,396) ($24,396) Amount appropriated in this Act $1,323,628 $2,669,157 40.11. Medical College of Georgia Hospital and Clinics Purpose: Provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. Total Funds $32,014,306 State Funds $32,014,306 State General Funds $32,014,306 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $34,265,312 $34,265,312 518 JOURNAL OF THE HOUSE Reduce funding for personal services and operating expenses. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($1,713,266) ($537,740) ($1,713,266) ($537,740) $32,014,306 $32,014,306 40.12. Public Libraries Purpose: 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 Funds $39,301,106 Other Funds $4,522,400 Agency Funds $4,522,400 State Funds $34,778,706 State General Funds $34,778,706 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $38,518,043 $43,040,443 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce funding for personal services and operating expenses. ($217,860) ($217,860) ($3,073,935) ($3,073,935) Reduce personal services to reflect furlough savings associated with 6 days. ($447,542) ($447,542) Amount appropriated in this Act $34,778,706 $39,301,106 40.13. Public Service/Special Funding Initiatives Purpose: Fund leadership, service, and education initiatives that require funding beyond what is provided by formula. Total Funds $23,859,099 State Funds $23,859,099 State General Funds $18,859,099 Tobacco Settlement Funds $5,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $43,131,266 Total Funds $43,131,266 Reduce funding for personal services and operating expenses. ($3,044,501) ($3,044,501) Reduce personal services to reflect furlough savings associated with 6 days. ($427,652) ($427,652) THURSDAY, FEBRUARY 11, 2010 519 Redirect funding from the seed capital fund in the ATDC/EDI program to the ICAPP Initiative in the Public Service/Special Funding Initiative program for leadership development and training. Reduce funding for Special Funding Initiatives. Transfer funding for Georgia Gwinnett College from the Public Service/Special Funding Initiative Program to the Teaching Program to more accurately reflect program activities as part of core instruction. Georgia Gwinnett College, first funded in FY 2007 and not part of the funding base in FY 2006, should be classified as a Teaching Program expenditure to ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education. Amount appropriated in this Act $1,750,000 $1,750,000 ($1,702,659) ($1,702,659) ($15,847,355) ($15,847,355) $23,859,099 $23,859,099 40.14. Regents Central Office Purpose: Provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. Total Funds $6,132,556 State Funds $6,132,556 State General Funds $6,132,556 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,777,980 Total Funds $6,777,980 Reflect an adjustment in the Workers' Compensation premium. ($281) ($281) Reduce funding for personal services and operating expenses in the University System Office. ($510,199) ($510,199) Reduce funding for the Southern Regional Education Board (SREB). $0 $0 Reduce personal services to reflect furlough savings associated with 6 days. ($134,944) ($134,944) Amount appropriated in this Act $6,132,556 $6,132,556 40.15. Research Consortium Purpose: 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 Funds $24,057,334 State Funds $24,057,334 520 JOURNAL OF THE HOUSE State General Funds $23,307,334 Tobacco Settlement Funds $750,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $26,324,718 $26,324,718 Reduce funding for personal services and operating expenses. ($2,218,978) ($2,218,978) Reduce personal services to reflect furlough savings associated with 6 days. ($48,406) ($48,406) Amount appropriated in this Act $24,057,334 $24,057,334 40.16. Skidaway Institute of Oceanography Purpose: Fund research and educational programs regarding marine and ocean science and aquatic environments. Total Funds $5,491,397 Other Funds $4,072,620 Agency Funds $1,000,000 Research Funds $3,072,620 State Funds $1,418,777 State General Funds $1,418,777 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,563,946 $5,636,566 Reflect an adjustment in the Workers' Compensation premium. $8,331 $8,331 Reduce funding for personal services and operating expenses. ($125,116) ($125,116) Reduce personal services to reflect furlough savings associated with 6 days. ($28,384) ($28,384) Amount appropriated in this Act $1,418,777 $5,491,397 40.17. Teaching Purpose: 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 Funds $4,808,803,639 Federal Recovery Funds $140,205,159 Federal Recovery Funds Not Specifically Identified $140,205,159 Other Funds $3,060,902,842 Agency Funds $1,692,645,515 Research Funds $1,368,257,327 THURSDAY, FEBRUARY 11, 2010 521 State Funds $1,607,695,638 State General Funds $1,607,695,638 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,794,043,592 $4,947,564,330 Reflect an adjustment in the Workers' Compensation premium. $115,952 $115,952 Reduce funding for personal services and operating expenses in the Public Service Institutes. ($658,888) ($658,888) Reduce personal services and operating expenses in the Resident Instruction program by 10% and provide federal stabilization funds for a total reduction of 7.3%. ($178,696,700) ($178,696,700) Reduce personal services to reflect furlough savings associated with 4 days.(H:Reduce personal services to reflect furlough savings associated with 6 days.) ($22,955,673) ($22,955,673) Recognize stabilization funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $47,587,263). Transfer funding for Georgia Gwinnett College from the Public Service/Special Funding Initiative Program to the Teaching Program to more accurately reflect program activities as part of core instruction. Georgia Gwinnett College, first funded in FY 2007 and not part of the funding base in FY 2006, should be classified as a Teaching Program expenditure to ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education. Amount appropriated in this Act $0 $15,847,355 $47,587,263 $15,847,355 $1,607,695,638 $4,808,803,639 40.18. Veterinary Medicine Experiment Station Purpose: 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 Funds $2,858,730 State Funds $2,858,730 State General Funds $2,858,730 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,155,597 $3,155,597 Reduce funding for personal services and operating expenses. ($252,447) ($252,447) Reduce personal services to reflect furlough savings associated with 6 days. ($44,420) ($44,420) Amount appropriated in this Act $2,858,730 $2,858,730 522 JOURNAL OF THE HOUSE 40.19. Veterinary Medicine Teaching Hospital Purpose: 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 Funds $10,105,523 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $483,572 State General Funds $483,572 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $538,294 Total Funds $10,160,245 Reduce funding for personal services. ($43,064) ($43,064) Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($11,658) $483,572 ($11,658) $10,105,523 The following appropriations are for agencies attached for administrative purposes. 40.20. Payments to Georgia Military College Purpose: Provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. Total Funds $2,362,086 State Funds $2,362,086 State General Funds $2,362,086 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,729,058 $2,729,058 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($24,985) ($24,985) Reflect an adjustment in the Workers' Compensation premium. ($3,887) ($3,887) Reduce personal services to reflect furlough savings associated with 6 days. ($65,194) ($65,194) Reduce personal services for the Prep School ($182,847) and the Junior College ($90,059). ($272,906) ($272,906) Amount appropriated in this Act $2,362,086 $2,362,086 THURSDAY, FEBRUARY 11, 2010 523 40.21. Payments to Georgia Public Telecommunications Commission Purpose: Create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. Total Funds $14,679,462 State Funds $14,679,462 State General Funds $14,679,462 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $16,398,957 Total Funds $16,398,957 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($126,255) ($126,255) $6,984 $6,984 Reduce personal services to reflect furlough savings associated with 6 days. Eliminate staff vacancies and reduce operating expenses. Amount appropriated in this Act ($141,632) ($141,632) ($1,458,592) $14,679,462 ($1,458,592) $14,679,462 40.22. Payments to the Georgia Cancer Coalition Purpose: Provide funds to the Cancer Coalition for ongoing research and prevention. Total Funds $8,270,073 State Funds $8,270,073 Tobacco Settlement Funds $8,270,073 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,509,466 $11,509,466 Reduce personal services to reflect furlough savings associated with 6 days ($11,486) and 5 additional days ($9,573). ($21,059) ($21,059) Reduce coalition operating expenses. ($101,374) ($101,374) Reduce funds to capture unobligated reserves and delay new scholar recruitment until FY 2012. ($2,900,000) ($2,900,000) Delay start-up of a new tumor tissue bank site. ($24,000) ($24,000) Recognize Georgia CORE administrative savings. ($24,000) ($24,000) Capture full reserve. ($168,960) ($168,960) Amount appropriated in this Act $8,270,073 $8,270,073 524 JOURNAL OF THE HOUSE Section 41: 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 State General Funds Tobacco Settlement Funds $120,392,187 $397,422 $397,422 $15,956,671 $8,610,093 $7,346,578 $104,038,094 $103,888,094 $150,000 41.1. Customer Service Purpose: 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 Funds $13,062,358 State Funds $13,062,358 State General Funds $13,062,358 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,210,356 Total Funds $14,210,356 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($124,030) ($124,030) $4,384 $4,384 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($171,147) ($171,147) Reduce personal services to reflect furlough savings associated with 6 days. Realize operational efficiencies by reducing the amount of tax forms printed and mailed. ($134,074) ($723,131) ($134,074) ($723,131) Amount appropriated in this Act $13,062,358 $13,062,358 41.2. Departmental Administration Purpose: 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 Funds $7,576,217 Other Funds $375,000 Other Funds - Not Specifically Identified $375,000 THURSDAY, FEBRUARY 11, 2010 525 State Funds $7,201,217 State General Funds $7,201,217 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $8,365,181 $8,740,181 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($75,604) ($75,604) Reflect an adjustment in the Workers' Compensation premium. $2,581 $2,581 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($9,061) ($9,061) Reduce personal services to reflect furlough savings associated with 6 days. ($100,854) ($100,854) Eliminate 2 filled positions and funding for 2 vacant positions. ($297,472) ($297,472) Reflect savings from renegotiated rental rate from $23.76 per square foot to $17.50 per square foot for 218,388 square feet of space effective January 1, 2010 - June 30, 2010. ($683,554) ($683,554) Amount appropriated in this Act $7,201,217 $7,576,217 41.3. Industry Regulation Purpose: 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 Funds $3,756,635 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $529,176 Other Funds - Not Specifically Identified $529,176 State Funds $3,040,037 State General Funds $2,890,037 Tobacco Settlement Funds $150,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,688,566 Total Funds $3,875,988 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($35,802) ($35,802) $1,092 $1,092 526 JOURNAL OF THE HOUSE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Replace state funds with other funds for the operation of the Tobacco Stamp program. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($10,097) ($564,904) ($38,818) $3,040,037 ($10,097) ($35,728) ($38,818) $3,756,635 41.4. Litigations and Investigations Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Total Funds $1,559,818 State Funds $1,559,818 State General Funds $1,559,818 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,489,415 Total Funds $1,489,415 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($16,717) ($16,717) Reflect an adjustment in the Workers' Compensation premium. $460 $460 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Delay filling 2 vacancies. ($1,142) ($20,722) ($60,701) ($1,142) ($20,722) ($60,701) Add 6 Special Investigation Agents and 4 Fraud Detection Group Financial Analysts to enhance collection efforts with a projected start date of April 1, 2010. $169,225 $169,225 Amount appropriated in this Act $1,559,818 $1,559,818 41.5. Local Government Services Purpose: 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 Funds $4,648,259 Other Funds $2,246,702 Other Funds - Not Specifically Identified $2,246,702 State Funds $2,401,557 State General Funds $2,401,557 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 527 Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Replace state funds with other funds for the operation of the Unclaimed Property program. Amount appropriated in this Act State Funds $2,640,216 ($32,900) Total Funds $4,750,351 ($32,900) $815 ($33,803) ($36,204) ($136,567) $2,401,557 $815 ($33,803) ($36,204) $0 $4,648,259 41.6. Local Tax Officials Retirement and FICA Purpose: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Total Funds $5,149,163 State Funds $5,149,163 State General Funds $5,149,163 41.7. Motor Vehicle Registration and Titling Purpose: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for roadworthiness for new title issuance. Total Funds $13,067,407 Other Funds $4,195,700 Other Funds - Not Specifically Identified $4,195,700 State Funds $8,871,707 State General Funds $8,871,707 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $10,045,216 Total Funds $13,740,916 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($83,756) ($83,756) $3,099 $3,099 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($190,936) ($190,936) 528 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce personal services and regular operating expenses by privatizing salvage vehicle inspections. (H:Reflect 50% savings from privatization.) Replace state funds with Tag Data Receipts for telecommunications expenses. Eliminate 2 management positions. Provide funding for one month of GRATIS printer leases in county tag offices. (H:Provide six months funding and authorize the Department to use other available funds to pay remaining balance.) Amount appropriated in this Act ($153,262) ($406,000) ($153,262) ($406,000) ($500,000) ($62,483) $219,829 $0 ($62,483) $219,829 $8,871,707 $13,067,407 41.8. Revenue Processing Purpose: 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 Funds $12,483,383 State Funds $12,483,383 State General Funds $12,483,383 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $13,056,079 $13,056,079 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($107,744) ($107,744) $4,028 $4,028 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for maintenance contracts on scanning and processing equipment. ($101,630) ($72,350) ($295,000) ($101,630) ($72,350) ($295,000) Amount appropriated in this Act $12,483,383 $12,483,383 41.9. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Total Funds $36,130,282 Federal Funds and Grants $210,000 Federal Funds Not Specifically Identified $210,000 THURSDAY, FEBRUARY 11, 2010 529 Other Funds $8,610,093 Agency Funds $8,610,093 State Funds $27,310,189 State General Funds $27,310,189 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $28,946,134 $37,281,134 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($276,641) ($276,641) Reflect an adjustment in the Workers' Compensation premium. $8,931 $8,931 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($195,484) ($195,484) Reduce personal services to reflect furlough savings associated with 6 days. ($286,810) ($286,810) Recognize savings due to hiring timeline of temporary labor force. ($466,197) ($466,197) Reduce personal services due to attrition. ($107,677) ($107,677) Maximize the use of Cost of Collection fees for 8 revenue agent ($485,093) $0 positions. Add 10 Compliance Auditors to enhance collection efforts with a projected start date of April 1, 2010. $173,026 $173,026 Amount appropriated in this Act $27,310,189 $36,130,282 41.10. Tax Law and Policy Purpose: 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 Funds $1,304,614 State Funds $1,304,614 State General Funds $1,304,614 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,398,668 $1,398,668 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($16,160) ($16,160) $432 $432 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. ($1,142) ($1,142) 530 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for temporary staff. Amount appropriated in this Act ($20,182) ($57,002) $1,304,614 ($20,182) ($57,002) $1,304,614 41.11. Technology Support Services Purpose: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. Total Funds $21,654,051 State Funds $21,654,051 State General Funds $21,654,051 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $24,246,393 Total Funds $24,246,393 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce contractual services by eliminating 7 contractor positions. (H:Reflect savings of 12 contractor positions per agency's 8% request.) Realize cost savings by converting 4 information technology contractors to permanent positions. Eliminate funds for software maintenance contracts. Amount appropriated in this Act Section 42: Secretary of State Total Funds Other Funds Other Funds - Not Specifically Identified Records Center Storage Fee State Funds State General Funds ($158,276) ($158,276) $7,481 ($435,196) $7,481 ($435,196) ($177,338) ($177,338) ($1,290,089) ($1,290,089) ($68,924) ($470,000) $21,654,051 ($68,924) ($470,000) $21,654,051 $32,242,079 $1,939,894 $1,504,123 $435,771 $30,302,185 $30,302,185 THURSDAY, FEBRUARY 11, 2010 531 42.1. Archives and Records Purpose: 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 Funds $5,389,514 Other Funds $532,671 Other Funds - Not Specifically Identified $96,900 Records Center Storage Fee $435,771 State Funds $4,856,843 State General Funds $4,856,843 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $5,398,981 $5,931,652 Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($36,911) ($30,097) ($36,911) ($30,097) ($962) ($962) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services by holding up to 3 positions vacant and eliminating up to 5 filled positions. Reduce regular operating expenses. $6,347 ($338,626) ($60,500) $6,347 ($338,626) ($60,500) Reduce insurance costs based on contract renegotiations. ($32,733) ($32,733) Reduce temporary staff. ($48,656) ($48,656) Amount appropriated in this Act $4,856,843 $5,389,514 42.2. Corporations Purpose: 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 Funds $1,903,149 Other Funds $739,512 Other Funds - Not Specifically Identified $739,512 State Funds $1,163,637 State General Funds $1,163,637 532 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 (HB119) $1,275,146 $2,014,658 Reduce personal services to reflect furlough savings associated with 6 days. ($24,392) ($24,392) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($19,889) ($19,889) Reflect an adjustment in the Workers' Compensation premium. ($515) ($515) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $4,373 $4,373 Reduce temporary staff. ($20,112) ($20,112) Reduce personal services. ($50,974) ($50,974) Amount appropriated in this Act $1,163,637 $1,903,149 42.3. Elections Purpose: 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 Funds $5,095,267 Other Funds $340,133 Other Funds - Not Specifically Identified $340,133 State Funds $4,755,134 State General Funds $4,755,134 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,695,722 $5,035,855 Reduce personal services to reflect furlough savings associated with 6 days. ($27,268) ($27,268) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($22,234) ($22,234) Reflect an adjustment in the Workers' Compensation premium. ($504) ($504) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $59,365 $59,365 Redistribute funding for 1 warehouse services worker from the Office Administration program to the Elections program. $50,053 $50,053 Amount appropriated in this Act $4,755,134 $5,095,267 THURSDAY, FEBRUARY 11, 2010 533 42.4. Office Administration Purpose: The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. Total Funds $6,265,925 Other Funds $127,578 Other Funds - Not Specifically Identified $127,578 State Funds $6,138,347 State General Funds $6,138,347 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $7,167,144 Total Funds $7,294,722 Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($105,522) ($86,042) ($105,522) ($86,042) ($943) ($943) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services by holding up to 12 positions vacant. $10,486 ($574,860) $10,486 ($574,860) Reduce regular operating expenses. ($97,087) ($97,087) Reduce equipment funding. ($5,000) ($5,000) Reduce temporary staff. ($10,000) ($10,000) Close the administrative portion of the warehouse in Hapeville. ($44,276) ($44,276) Eliminate contractual staff. ($65,500) ($65,500) Redistribute funding for 1 warehouse services worker from the Office Administration program to the Elections program. ($50,053) ($50,053) Amount appropriated in this Act $6,138,347 $6,265,925 42.5. Professional Licensing Boards Purpose: The purpose of this appropriation is to protect the public health and welfare by supporting all operations of Boards which license professions. Total Funds $6,577,225 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $6,427,225 State General Funds $6,427,225 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 534 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce board member per diem based on reduced travel costs due to use of teleconferencing. Reduce personal services by holding 12 positions vacant. Realize savings in personal services. Reduce regular operating expenses. Amount appropriated in this Act State Funds $7,584,347 ($79,568) ($64,879) Total Funds $7,734,347 ($79,568) ($64,879) ($3,215) $9,187 ($30,000) ($468,592) ($371,633) ($148,422) $6,427,225 ($3,215) $9,187 ($30,000) ($468,592) ($371,633) ($148,422) $6,577,225 42.6. Securities Purpose: 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 Funds $1,365,557 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $1,315,557 State General Funds $1,315,557 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,609,169 Total Funds $1,659,169 Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($28,301) ($23,076) ($28,301) ($23,076) Reflect an adjustment in the Workers' Compensation premium. ($504) ($504) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services by holding 3 positions vacant. $1,462 ($209,693) $1,462 ($209,693) Reduce temporary staff. ($33,500) ($33,500) THURSDAY, FEBRUARY 11, 2010 535 Amount appropriated in this Act $1,315,557 $1,365,557 The following appropriations are for agencies attached for administrative purposes. 42.7. Georgia Commission on the Holocaust Purpose: 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 Funds $291,253 State Funds $291,253 State General Funds $291,253 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $323,001 Total Funds $323,001 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reduce regular operating expenses by reducing teacher training and programming. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. Amount appropriated in this Act ($2,117) ($2,117) ($25,609) ($4,022) $0 $291,253 ($25,609) ($4,022) $0 $291,253 42.8. Georgia Drugs and Narcotics Agency Purpose: 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 Funds $1,259,959 State Funds $1,259,959 State General Funds $1,259,959 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,362,433 Total Funds $1,362,433 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($10,386) ($10,386) 536 JOURNAL OF THE HOUSE Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services by holding up to 2 positions vacant. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act $29,156 ($88,358) ($32,886) $1,259,959 $29,156 ($88,358) ($32,886) $1,259,959 42.9. Real Estate Commission Purpose: 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 Funds $2,958,399 State Funds $2,958,399 State General Funds $2,958,399 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Reduce personal services by maintaining 1 vacant position and reducing the use of hourly employees. Reduce regular operating expenses. Reduce non-GTA telecommunications. Reduce contractual services in recognition of ability to adjust fines based on investigation costs. Amount appropriated in this Act State Funds $3,220,491 ($18,534) Total Funds $3,220,491 ($18,534) $0 ($35,212) ($66,644) ($27,000) ($7,000) ($107,702) $2,958,399 $0 ($35,212) ($66,644) ($27,000) ($7,000) ($107,702) $2,958,399 42.10. State Ethics Commission Purpose: 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 Funds $1,135,831 State Funds $1,135,831 State General Funds $1,135,831 THURSDAY, FEBRUARY 11, 2010 537 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,234,591 $1,234,591 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($9,746) ($9,746) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $26,370 $26,370 Reduce personal services to reflect furlough savings associated with 6 days. ($18,516) ($18,516) Reduce personal services to reflect projected expenditures. ($50,303) ($50,303) Reduce regular operating expenses by restricting supply purchases, eliminating purchases of software and equipment, and eliminating travel. ($30,565) ($30,565) Reduce non-GTA computer charges. ($12,000) ($12,000) Reduce non-GTA telecommunications. ($4,000) ($4,000) Amount appropriated in this Act $1,135,831 $1,135,831 Section 43: 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 $7,270,366 $1,602,500 $1,602,500 $2,127,204 $2,127,204 $2,816,041 $2,816,041 $724,621 $724,621 43.1. Commission Administration Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $717,477 State Funds $717,477 State General Funds $717,477 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $732,169 $732,169 538 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($9,013) ($9,013) $406 $2,965 ($9,050) $717,477 $406 $2,965 ($9,050) $717,477 43.2. Conservation of Agricultural Water Supplies Purpose: 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 Funds $3,471,638 Federal Funds and Grants $1,350,000 Federal Funds Not Specifically Identified $1,350,000 Other Funds $1,852,204 Agency Funds $1,852,204 State Funds $269,434 State General Funds $269,434 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $315,727 $3,517,931 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($2,621) ($2,621) Reflect an adjustment in the Workers' Compensation premium. $304 $304 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $1,254 $1,254 Eliminate 1 vacant position. (H:Remove funds and maintain position count.) ($41,226) ($41,226) Reduce personal services to reflect furlough savings associated with 6 days. ($4,004) ($4,004) Amount appropriated in this Act $269,434 $3,471,638 43.3. Conservation of Soil and Water Resources Purpose: Conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from THURSDAY, FEBRUARY 11, 2010 539 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 Funds $2,759,704 Federal Funds and Grants $252,500 Federal Funds Not Specifically Identified $252,500 Other Funds $275,000 Agency Funds $275,000 State Funds $1,507,583 State General Funds $1,507,583 Intra-State Government Transfers $724,621 Other Intra-State Government Payments $724,621 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,579,970 Total Funds $2,832,091 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Eliminate 1 vacant position.(H:Remove funds and maintain position count.) Amount appropriated in this Act ($17,738) ($17,738) $1,301 $2,749 ($19,534) ($39,165) $1,507,583 $1,301 $2,749 ($19,534) ($39,165) $2,759,704 43.4. USDA Flood Control Watershed Structures Purpose: Inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. Total Funds $168,126 State Funds $168,126 State General Funds $168,126 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $168,789 $168,789 540 JOURNAL OF THE HOUSE Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($363) ($363) $14 $48 ($362) $168,126 $14 $48 ($362) $168,126 43.5. Water Resources and Land Use Planning Purpose: Provide funds for planning and research on water management, erosion and sedimentation control. Total Funds $153,421 State Funds $153,421 State General Funds $153,421 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $388,638 $388,638 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($907) $70 ($907) $70 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce contract funds. $107 ($181,400) $107 ($181,400) Reduce funds for computer charges ($15,000) and equipment purchases ($11,690). Reduce funds for personal services to reflect projected expenditures. ($26,690) ($2,061) ($26,690) ($2,061) Replace state funds with other funds in personal services. ($23,000) ($23,000) Reduce personal services to reflect furlough savings associated with 6 days. ($1,336) ($1,336) Amount appropriated in this Act $153,421 $153,421 Section 44: Student Finance Commission, Georgia Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds $736,009,303 $520,653 $520,653 $909,178 $50,911 THURSDAY, FEBRUARY 11, 2010 541 Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds $858,267 $734,579,472 $701,895,846 $32,683,626 44.1. 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 $5,764,625 State Funds $5,764,625 Lottery Funds $5,764,625 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $4,500,000 $4,500,000 Increase funding for the Accel program to meet the projected need. $1,264,625 $1,264,625 Amount appropriated in this Act $5,764,625 $5,764,625 44.2. 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 44.3. 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 44.4. Guaranteed Educational Loans Purpose: Provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical therapy, and pharmacy. Total Funds $29,000 Other Funds $29,000 Other Funds - Not Specifically Identified $29,000 542 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $3,189,883 Total Funds $3,189,883 Eliminate the Guaranteed Educational Loans program. ($3,160,883) ($3,160,883) Utilize deferred revenue to fund the Guaranteed Educational Loans ($29,000) $0 program (Other Funds: $29,000). Amount appropriated in this Act $0 $29,000 44.5. 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 $720,000 State Funds $720,000 State General Funds $720,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $800,000 $800,000 Utilize lottery funds to support the HERO Scholarship program ($800,000). (H:NO;Do not supplant state general funds with lottery funds.) $0 $0 Reduce funding for the HERO Scholarship by 10% to more closely align funding with the projected need. ($80,000) ($80,000) Amount appropriated in this Act $720,000 $720,000 44.6. Hope Administration Purpose: Provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges. Total Funds $6,143,352 Other Funds $800,000 Other Funds - Not Specifically Identified $800,000 State Funds $5,343,352 Lottery Funds $5,343,352 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,428,276 Total Funds $5,428,276 Utilize Workforce Investment Act (WIA) funds for enhancements to the www.GAcollege411.org website (Other Funds: $800,000). $0 $800,000 THURSDAY, FEBRUARY 11, 2010 543 Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($84,924) $5,343,352 ($84,924) $6,143,352 44.7. 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 $2,503,617 State Funds $2,503,617 Lottery Funds $2,503,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $2,356,654 $2,356,654 Increase funding for the HOPE GED program to meet the projected need. $146,963 $146,963 Amount appropriated in this Act $2,503,617 $2,503,617 44.8. HOPE Grant Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $179,767,746 State Funds $179,767,746 Lottery Funds $179,767,746 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $130,440,759 $130,440,759 Increase funding for the HOPE Grant program to meet the projected need. $49,326,987 $49,326,987 Amount appropriated in this Act $179,767,746 $179,767,746 44.9. HOPE Scholarships - Private Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution. Total Funds $44,471,840 State Funds $44,471,840 Lottery Funds $44,471,840 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 544 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Increase funding for the HOPE Scholarships- Private Schools program to meet the projected need. Amount appropriated in this Act State Funds $42,323,094 $2,148,746 $44,471,840 Total Funds $42,323,094 $2,148,746 $44,471,840 44.10. HOPE Scholarships - Public Schools Purpose: Provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $450,662,132 State Funds $450,662,132 Lottery Funds $450,662,132 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $390,061,730 $390,061,730 Increase funding for the HOPE Scholarship - Public Schools program to meet the projected need. (H:Provide funds for projected need to include excess lottery funds from reversal of state general fund lottery fund supplant.) $60,600,402 $60,600,402 Amount appropriated in this Act $450,662,132 $450,662,132 44.11. Law Enforcement Dependents Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, and prison guards who were permanently disabled or killed in the line of duty, to attend an eligible private or public postsecondary institution in Georgia. Total Funds $50,911 Other Funds $50,911 Agency Funds $50,911 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $50,911 $50,911 Utilize deferred revenue to fund the Law Enforcement Dependents ($50,911) $0 Grant program (Other Funds: $50,911). Amount appropriated in this Act $0 $50,911 44.12. 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 $1,390,734 THURSDAY, FEBRUARY 11, 2010 545 Federal Funds and Grants $520,653 Federal Funds Not Specifically Identified $520,653 State Funds $870,081 State General Funds $870,081 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $966,757 $1,487,410 Utilize lottery funds to support the LEAP program ($966,757). (H:NO;Do not supplant state general funds with lottery funds.) $0 $0 Reduce funding for the Leveraging Educational Assistance Partnership (LEAP) Program by 10% to more closely align funding with the projected need. ($96,676) ($96,676) Amount appropriated in this Act $870,081 $1,390,734 44.13. 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 $1,302,800 State Funds $1,302,800 State General Funds $1,302,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $1,502,800 Total Funds $1,502,800 Utilize lottery funds to support the North Georgia Military Scholarship Grants program ($1,502,800). (H:NO;Do not supplant state general funds with lottery funds.) Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. $0 $0 ($200,000) ($200,000) Amount appropriated in this Act $1,302,800 $1,302,800 44.14. 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 $852,479 State Funds $852,479 State General Funds $852,479 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 546 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Utilize lottery funds to support the North Georgia ROTC Grants program ($652,479). (H:NO;Do not supplant state general funds with lottery funds.) Transfer funds from North Georgia Military Scholarship Grants to North Georgia ROTC Grants to meet projected need. Amount appropriated in this Act State Funds $652,479 $0 Total Funds $652,479 $0 $200,000 $852,479 $200,000 $852,479 44.15. 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 44.16. Public Memorial Safety Grant Purpose: Provide educational grant assistance to the children of Georgia law enforcement officers, firefighters, emergency medical technicians (EMTs), correctional officers, and prison guards 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 44.17. Teacher Scholarship Purpose: Provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. Total Funds $5,332,698 State Funds $5,332,698 Lottery Funds $5,332,698 44.18. Tuition Equalization Grants Purpose: Promote the private segment of higher education in Georgia by providing nonrepayable grant aid to Georgia residents who attend eligible private postsecondary institutions. Total Funds $28,276,934 State Funds $28,276,934 State General Funds $28,276,934 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: THURSDAY, FEBRUARY 11, 2010 547 Amount from prior Appropriation Act (HB119) Utilize lottery funds to support the Tuition Equalization Grant program ($29,765,194). (H:NO;Do not supplant state general funds with lottery funds.) Reduce funding for Tuition Equalization Grants to reflect the projected need. Amount appropriated in this Act State Funds $29,765,194 $0 Total Funds $29,765,194 $0 ($1,488,260) ($1,488,260) $28,276,934 $28,276,934 The following appropriations are for agencies attached for administrative purposes. 44.19. Nonpublic Postsecondary Education Commission Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. Total Funds $690,599 Other Funds $29,267 Other Funds - Not Specifically Identified $29,267 State Funds $661,332 State General Funds $661,332 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $771,953 $771,953 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($10,610) ($10,610) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $2,074 $2,074 Reduce personal services to reflect furlough savings associated with 6 days. ($11,902) ($11,902) Reduce contracts. ($60,916) ($60,916) Utilize funds from the Tuition Guaranty Trust Fund (TGTF) for program administration costs (Other Funds: $29,267). ($29,267) $0 Amount appropriated in this Act $661,332 $690,599 Section 45: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $28,580,574 $965,000 $965,000 $27,615,574 $27,615,574 548 JOURNAL OF THE HOUSE It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010. 45.1. Local/Floor COLA Purpose: 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 Funds $965,000 State Funds $965,000 State General Funds $965,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,129,000 $1,129,000 Reduce funds based on projected expenditures. ($164,000) ($164,000) Amount appropriated in this Act $965,000 $965,000 45.2. System Administration Purpose: Provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing. Total Funds $27,615,574 Intra-State Government Transfers $27,615,574 Retirement Payments $27,615,574 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $0 $27,616,307 Reflect an adjustment in the Workers' Compensation premium. $0 ($733) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $0 $0 Amount appropriated in this Act $0 $27,615,574 Section 46: Technical College System of Georgia Total Funds Federal Funds and Grants Child Care & Development Block Grant (CFDA 93.575) Federal Funds Not Specifically Identified Federal Recovery Funds Federal Recovery Funds Not Specifically Identified Other Funds Agency Funds $607,033,020 $59,926,838 $1,662,111 $58,264,727 $23,690,492 $23,690,492 $230,940,000 $230,900,000 THURSDAY, FEBRUARY 11, 2010 549 Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $40,000 $291,500,690 $291,500,690 $975,000 $975,000 46.1. Adult Literacy Purpose: Develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. Total Funds $32,427,100 Federal Funds and Grants $15,500,000 Federal Funds Not Specifically Identified $15,500,000 Other Funds $3,600,000 Agency Funds $3,600,000 State Funds $13,327,100 State General Funds $13,327,100 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $14,703,836 $33,803,836 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($149,013) ($149,013) $3,396 $3,396 Reduce Adult Literacy grants. ($1,021,235) ($1,021,235) Reduce personal services to reflect furlough savings associated with 6 days. ($209,884) ($209,884) Amount appropriated in this Act $13,327,100 $32,427,100 46.2. Departmental Administration Purpose: Provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. Total Funds $12,629,492 Federal Funds and Grants $3,350,000 Federal Funds Not Specifically Identified $3,350,000 Other Funds $1,440,000 Agency Funds $1,400,000 Other Funds - Not Specifically Identified $40,000 State Funds $7,839,492 550 JOURNAL OF THE HOUSE State General Funds $7,839,492 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,854,367 Total Funds $13,644,367 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($101,867) ($101,867) $2,322 $2,322 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $5,343 $5,343 Reduce personal services and operating expenses. ($782,297) ($782,297) Reduce personal services to reflect furlough savings associated with 6 days. ($138,376) ($138,376) Amount appropriated in this Act $7,839,492 $12,629,492 46.3. Quick Start and Customized Services Purpose: 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 Funds $23,221,619 Federal Funds and Grants $300,000 Federal Funds Not Specifically Identified $300,000 Other Funds $9,375,000 Agency Funds $9,375,000 State Funds $13,546,619 State General Funds $13,546,619 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $14,633,438 Total Funds $24,308,438 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($69,876) ($69,876) $1,592 $1,592 Reduce personal services to reflect furlough savings associated with 6 days. ($143,758) ($143,758) Reduce funding for Quick Start. ($874,777) ($874,777) Amount appropriated in this Act $13,546,619 $23,221,619 THURSDAY, FEBRUARY 11, 2010 551 46.4. Technical Education Purpose: 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 Funds $538,754,809 Federal Funds and Grants $40,776,838 Child Care & Development Block Grant (CFDA 93.575) $1,662,111 Federal Funds Not Specifically Identified $39,114,727 Federal Recovery Funds $23,690,492 Federal Recovery Funds Not Specifically Identified $23,690,492 Other Funds $216,525,000 Agency Funds $216,525,000 State Funds $256,787,479 State General Funds $256,787,479 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: Amount from prior Appropriation Act (HB119) State Funds Total Funds $293,638,335 $567,321,412 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($4,283,465) ($4,283,465) Reflect an adjustment in the Workers' Compensation premium. $97,630 $97,630 Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services and operating expenses in the Technical Education program by 10% and provide federal stabilization funds for a total reduction of 7.3%. Reduce personal services to reflect furlough savings associated with 4 days. (H:Reduce personal services to reflect furlough savings associated with 6 days. ) $238,404 $238,404 ($28,350,805) ($28,350,805) ($4,552,620) ($4,552,620) Recognize stabilization funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $8,284,253). $0 $8,284,253 Amount appropriated in this Act $256,787,479 $538,754,809 Section 47: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $1,971,638,690 $1,269,017,473 $1,242,517,473 552 JOURNAL OF THE HOUSE Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $26,500,000 $5,781,652 $5,724,308 $57,344 $696,079,332 $685,739,464 $10,339,868 $760,233 $760,233 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. 47.1. Air Transportation Purpose: Provide air transportation to state officials and businesses considering relocating to or expanding in Georgia to conduct aerial photography flights for transportation projects. Total Funds $57,344 Other Funds $57,344 THURSDAY, FEBRUARY 11, 2010 553 Other Funds - Not Specifically Identified $57,344 47.2. Airport Aid Purpose: 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 Funds $11,524,912 Federal Funds and Grants $6,500,000 Federal Funds Not Specifically Identified $6,500,000 State Funds $5,024,912 State General Funds $5,024,912 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reduce funds for non-federal grants and operating expenses. Reduce contract funds. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act State Funds $7,222,712 ($6,953) Total Funds $13,722,712 ($6,953) ($231) ($2,155,642) ($30,300) ($4,674) ($231) ($2,155,642) ($30,300) ($4,674) $5,024,912 $11,524,912 47.3. Data Collection, Compliance and Reporting Purpose: 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 Funds $11,209,908 Federal Funds and Grants $8,270,257 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $8,270,257 Other Funds $62,257 Agency Funds $62,257 State Funds $2,877,394 Motor Fuel Funds $2,804,774 State General Funds $72,620 554 JOURNAL OF THE HOUSE The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $3,168,233 $11,500,747 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($9,126) ($9,126) Reflect an adjustment in the Workers' Compensation premium. ($461) ($461) Reduce operating expenses. ($279,442) ($279,442) Reduce personal services to reflect furlough savings associated with 6 days. ($1,810) ($1,810) Amount appropriated in this Act $2,877,394 $11,209,908 47.4. Departmental Administration Purpose: 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, airports, railroads and waterways. Total Funds $65,255,114 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $53,516,321 Motor Fuel Funds $53,516,321 47.5. Local Road Assistance Purpose: Provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. Total Funds $69,830,871 Federal Funds and Grants $32,758,670 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $32,758,670 State Funds $36,476,968 Motor Fuel Funds $36,476,968 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 47.6. Local Road Assistance - Special Project 1 Purpose: Provide funding for Capital Outlay grants to local governments for State THURSDAY, FEBRUARY 11, 2010 555 Funded Construction - Most Needed projects. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction (CFDA 20.205) State Funds Motor Fuel Funds $37,354,211 $18,450,000 $18,450,000 $18,904,211 $18,904,211 47.7. Local Road Assistance - Special Project 2 Purpose: Provide funding for Capital Outlay grants to local governments for State Funded Construction - Off System projects. Total Funds $35,893,092 Federal Funds and Grants $18,450,000 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $18,450,000 State Funds $17,443,092 Motor Fuel Funds $17,443,092 47.8. Local Road Assistance - Special Project 3 Purpose: Provide funding for Capital Outlay grants to local governments for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program. Total Funds $60,000,000 State Funds $60,000,000 Motor Fuel Funds $60,000,000 47.9. Payments to State Road and Tollway Authority Purpose: 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 Funds $96,051,941 State Funds $96,051,941 Motor Fuel Funds $96,051,941 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $98,093,687 Total Funds $98,093,687 Reduce motor fuel match. ($2,041,746) ($2,041,746) Amount appropriated in this Act $96,051,941 $96,051,941 556 JOURNAL OF THE HOUSE 47.10. Ports and Waterways Purpose: 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 Funds $679,560 State Funds $679,560 State General Funds $679,560 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $926,676 Total Funds $926,676 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($3,911) ($3,911) Reflect an adjustment in the Workers' Compensation premium. Reduce personal services to reflect furlough savings associated with 6 days. Reduce operating expenses. Amount appropriated in this Act ($77) ($1,628) ($241,500) $679,560 ($77) ($1,628) ($241,500) $679,560 47.11. Rail Purpose: Oversee the development, construction, financing, and operation of passenger and freight rail service for the state. Total Funds $185,294 Other Funds $88,239 Agency Funds $88,239 State Funds $97,055 State General Funds $97,055 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $215,527 $303,766 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($5,215) ($5,215) ($154) ($154) Reduce personal services to reflect furlough savings associated with 6 days. Reduce funds for personal services to reflect projected expenditures. ($2,538) ($110,565) ($2,538) ($110,565) THURSDAY, FEBRUARY 11, 2010 557 Amount appropriated in this Act $97,055 $185,294 47.12. State Highway System Construction and Improvement Purpose: 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 Funds $107,890,540 Federal Funds and Grants $79,576,794 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $79,576,794 State Funds $28,148,746 Motor Fuel Funds $28,148,746 Intra-State Government Transfers $165,000 Other Intra-State Government Payments $165,000 47.13. State Highway System Construction and Improvement - Special Project Purpose: Provide funding for Capital Outlay road construction and enhancement projects on local and state road systems. Total Funds $1,074,745,688 Federal Funds and Grants $885,396,550 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $885,396,550 State Funds $189,349,138 Motor Fuel Funds $189,349,138 47.14. State Highway System Maintenance Purpose: 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 roads 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 Funds $162,777,870 Federal Funds and Grants $24,886,452 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $24,886,452 Other Funds $642,602 Agency Funds $642,602 State Funds $137,248,816 558 JOURNAL OF THE HOUSE Motor Fuel Funds $137,248,816 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds Total Funds $137,786,300 $163,315,354 Reduce operating expenses. ($537,484) ($537,484) Amount appropriated in this Act $137,248,816 $162,777,870 47.15. State Highway System Maintenance - Special Project Purpose: Provide funding for Capital Outlay for maintenance projects. Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction (CFDA 20.205) State Funds Motor Fuel Funds $154,372,981 $128,218,385 $128,218,385 $26,154,596 $26,154,596 47.16. State Highway System Operations Purpose: 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 Funds $59,337,643 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning & Construction (CFDA 20.205) $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $19,640,861 Motor Fuel Funds $19,640,861 47.17. 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 $24,471,721 Federal Funds and Grants $20,000,000 Federal Funds Not Specifically Identified $20,000,000 Other Funds $6,000 THURSDAY, FEBRUARY 11, 2010 559 Agency Funds $6,000 State Funds $4,465,721 State General Funds $4,465,721 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $6,692,410 Total Funds $26,698,410 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. Reduce funds for non-federal grants and operating expenses. Reduce personal services to reflect furlough savings associated with 6 days. Amount appropriated in this Act ($18,253) ($18,253) ($461) ($2,201,693) ($6,282) ($461) ($2,201,693) ($6,282) $4,465,721 $24,471,721 Section 48: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $40,676,428 $20,849,052 $20,849,052 $19,827,376 $19,827,376 48.1. Administration Purpose: 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 $1,224,566 State Funds $1,224,566 State General Funds $1,224,566 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $1,272,379 $1,272,379 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($9,857) ($9,857) ($2,558) ($2,558) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. $24,221 $24,221 560 JOURNAL OF THE HOUSE Reduce personal services to reflect furlough savings associated with 6 days ($21,330) and 3 additional days ($10,669). Reduce funds for personal services to reflect projected expenditures. Amount appropriated in this Act ($32,007) ($27,612) $1,224,566 ($32,007) ($27,612) $1,224,566 48.2. 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 $579,901 Federal Funds and Grants $35,700 Federal Funds Not Specifically Identified $35,700 State Funds $544,201 State General Funds $544,201 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $560,648 Total Funds $596,348 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($7,367) ($7,367) ($312) ($312) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($7,864) and 3 additional days ($3,932). $3,028 ($11,796) $3,028 ($11,796) Amount appropriated in this Act $544,201 $579,901 48.3. Georgia War Veterans Nursing Home - Augusta Purpose: Provide skilled nursing care to aged and infirmed Georgia Veterans and serve as a teaching facility for the Medical College of Georgia. Total Funds $11,950,582 Federal Funds and Grants $6,721,395 Federal Funds Not Specifically Identified $6,721,395 State Funds $5,229,187 State General Funds $5,229,187 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $6,129,026 $11,950,582 Recognize receipt of federal funds for care provided to veterans with ($899,839) $0 a 70% or greater service-connected disability and reduce state funds. THURSDAY, FEBRUARY 11, 2010 561 Amount appropriated in this Act $5,229,187 $11,950,582 48.4. 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 $9,485,587 Federal Funds Not Specifically Identified $9,485,587 State Funds $7,759,510 State General Funds $7,759,510 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $9,262,392 Total Funds $17,245,097 Recognize receipt of federal funds for care provided to veterans with ($1,502,882) $0 a 70% or greater service-connected disability and reduce state funds. Amount appropriated in this Act $7,759,510 $17,245,097 48.5. 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 $9,676,282 Federal Funds and Grants $4,606,370 Federal Funds Not Specifically Identified $4,606,370 State Funds $5,069,912 State General Funds $5,069,912 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $5,598,433 Total Funds $10,221,873 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($82,336) ($82,336) Reflect an adjustment in the Workers' Compensation premium. ($3,369) ($3,369) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce personal services to reflect furlough savings associated with 6 days ($83,108) and 3 additional days ($41,554). Reduce personal services to reflect delayed hiring. $23,212 ($124,662) ($257,692) $23,212 ($124,662) ($257,692) Reduce personal services to reflect furlough savings associated with 6 $0 ($17,070) 562 JOURNAL OF THE HOUSE days and 3 additional days. Reduce funds for regular operating expenses. Amount appropriated in this Act ($83,674) $5,069,912 ($83,674) $9,676,282 Section 49: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $19,761,744 $518,621 $478,793 $39,828 $19,243,123 $19,243,123 49.1. Administer the Workers' Compensation Laws Purpose: The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. Total Funds $10,715,687 Other Funds $453,793 Agency Funds $453,793 State Funds $10,261,894 State General Funds $10,261,894 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB119) $11,090,496 $11,265,496 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. ($41,810) ($41,810) Reflect an adjustment in the Workers' Compensation premium. ($8,433) ($8,433) Reduce personal services to reflect furlough savings associated with 6 days ($85,157) and 3 additional days ($62,069). ($147,226) ($147,226) Reduce personal services funding for 14 vacant positions. ($164,557) ($164,557) Maximize the use of other funds generated through requests and ($278,793) $0 copies to fund personal services costs. Recognize savings in regular operating expenses and contractual services. ($130,099) ($130,099) Reflect cost savings by consolidating the Gainesville regional office with offices in the surrounding counties. ($57,684) ($57,684) Amount appropriated in this Act $10,261,894 $10,715,687 49.2. Board Administration Purpose: The purpose of this appropriation is to provide superior access to the Georgia THURSDAY, FEBRUARY 11, 2010 563 Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective. Total Funds $9,046,057 Other Funds $64,828 Agency Funds $25,000 Other Funds - Not Specifically Identified $39,828 State Funds $8,981,229 State General Funds $8,981,229 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB119) State Funds $8,229,317 Total Funds $8,254,317 Reduce funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 22.165% to 16.581% for September to November 2009, and from 22.165% to 20.618% from April to June 2010. Reflect an adjustment in the Workers' Compensation premium. ($8,290) ($8,290) ($6,258) ($6,258) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase payments to the State Treasury from $3,680,992 to $5,025,004. Reduce personal services to reflect furlough savings associated with 6 days ($118,635) and 3 additional days ($59,317). Maximize the use of other funds generated through requests and copies to fund personal services costs (Other Funds: $39,828). Reduce personal services for 14 vacant positions ($282,168). ($11,899) $778,359 $0 $0 $0 ($11,899) $778,359 $0 $39,828 $0 Amount appropriated in this Act $8,981,229 $9,046,057 Section 50: General Obligation Debt Sinking Fund Total Funds State Funds Motor Fuel Funds State General Funds $1,041,928,059 $1,041,928,059 $224,681,343 $817,246,716 50.1. GO Bonds Issued Total Funds $914,323,272 State Funds $914,323,272 Motor Fuel Funds $215,601,343 State General Funds $698,721,929 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 564 JOURNAL OF THE HOUSE Amount from prior Appropriation Act (HB119) Reduce debt service to capture savings associated with favorable rates received with the bond sale. (H:Reflect additional debt service savings due to early bond retirements.) Amount appropriated in this Act 50.2. GO Bonds New Total Funds State Funds Motor Fuel Funds State General Funds State Funds Total Funds $1,003,184,941 $1,003,184,941 ($88,861,669) ($88,861,669) $914,323,272 $914,323,272 $127,604,787 $127,604,787 $9,080,000 $118,524,787 Bond Financing Appropriated: [Bond # 1] 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 two hundred and forty months. [Bond # 2] 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 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 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. THURSDAY, FEBRUARY 11, 2010 565 [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, $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 two hundred and forty months. [Bond # 10] 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 two hundred and forty months. [Bond # 11] 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 two hundred and forty months. [Bond # 12] 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 two hundred and forty months. [Bond # 13] 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 566 JOURNAL OF THE HOUSE General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 14] 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 # 15] 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 two hundred and forty months. [Bond # 16] 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 # 17] 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 two hundred and forty months. [Bond # 18] 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 # 19] 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, THURSDAY, FEBRUARY 11, 2010 567 enlargement, or improvement of land, waters, 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 # 20] 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 two hundred and forty months. [Bond # 21] 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 # 22] 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 # 23] 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 # 24] 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 two hundred and forty months. 568 JOURNAL OF THE HOUSE [Bond # 25] 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 # 26] 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 # 27] 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 # 28] 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 # 29] 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. [Bond # 30] 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 THURSDAY, FEBRUARY 11, 2010 569 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 # 31] 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 # 32] 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 sixty months. [Bond # 33] 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 # 34] 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 # 35] 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 # 36] 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 570 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 $6,000,000 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, $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 # 38] 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 # 39] 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 # 40] 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 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 DeKalb County 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 two hundred and forty months. [Bond # 42] 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, THURSDAY, FEBRUARY 11, 2010 571 the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 43] 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 two hundred and forty months. [Bond # 44] 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 # 45] 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 # 46] 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 # 47] 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 two hundred and forty months. [Bond # 48] 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 two hundred and forty months. [Bond # 49] 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 # 50] 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 572 JOURNAL OF THE HOUSE 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 # 51] 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 # 52] 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 two hundred and forty months. [Bond # 53] 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 # 54] 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 two hundred and forty months. [Bond # 55] 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 # 56] 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 # 57] From State General Funds, $697,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia THURSDAY, FEBRUARY 11, 2010 573 by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 58] 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 two hundred and forty months. [Bond # 59] 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 two hundred and forty months. [Bond # 60] 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 two hundred and forty months. [Bond # 61] 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 # 62] 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 # 63] 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 574 JOURNAL OF THE HOUSE improvement of land, waters, 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 two hundred and forty months. [Bond # 64] 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 two hundred and forty months. [Bond # 65] 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 # 66] From State General Funds, $926,160 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 two hundred and forty months. [Bond # 67] 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 # 68] 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 sixty months. [Bond # 69] From State General Funds, $220,190 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and THURSDAY, FEBRUARY 11, 2010 575 Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 70] From State General Funds, $137,108 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, 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 # 71] From State General Funds, $74,002 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 72] From State General Funds, $324,156 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 73] From State General Funds, $93,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 74] From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of Behavioral Health and Developmental Disabilities by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 576 JOURNAL OF THE HOUSE of two hundred and forty months. [Bond # 75] 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 months. [Bond # 76] 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 # 77] 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 # 78] 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 # 79] 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 # 80] 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 two hundred and forty months. [Bond # 81] 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 THURSDAY, FEBRUARY 11, 2010 577 the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 82] 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 # 83] 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 # 84] 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 # 85] 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 # 86] 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. [Bond # 87] 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 578 JOURNAL OF THE HOUSE 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 # 88] 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 # 89] 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 sixty months. [Bond # 90] 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 two hundred and forty months. [Bond # 91] From State General Funds, $363,200 is specifically appropriated to the Department of Economic Development 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 two hundred and forty months. [Bond # 92] 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 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 # 93] From State General Funds, $264,228 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 $2,910,000 in principal amount of General Obligation Debt, the THURSDAY, FEBRUARY 11, 2010 579 instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 94] 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 # 95] 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 # 96] 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 # 97] 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 sixty months. [Bond # 98] 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 sixty months. [Bond # 99] 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 580 JOURNAL OF THE HOUSE two hundred and forty months. [Bond # 100] 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 # 101] 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 # 102] 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 two hundred and forty months. [Bond # 103] 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. [Bond # 104] 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 # 105] 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 # 106] 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, THURSDAY, FEBRUARY 11, 2010 581 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 # 107] 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 # 108] 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 # 109] 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. [Bond # 110] 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 # 111] 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 # 112] 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 582 JOURNAL OF THE HOUSE 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 two hundred and forty months. [Bond # 113] From State General Funds, $290,560 is specifically appropriated to the Department of Economic Development 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 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 or any other lawful purpose consistent with the fund source and the general law powers of the budget unit. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds or Federal Funds, including without limitation, Intra-State Government Transfers. This paragraph does not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. Section 54: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at THURSDAY, FEBRUARY 11, 2010 583 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 authorizations for general obligation debt in Section 50 are the authorizing paragraphs. Section 55: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 56: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 947, designating Representative Keen of the 179th as Chairman thereof. The Speaker Pro Tem called the House to order. The Committee of the Whole arose and through its Chairman reported HB 947 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: 584 JOURNAL OF THE HOUSE 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 Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd E Carter 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 Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Dodson Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd Fludd N Franklin N Frazier E Fullerton Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene E 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 N Hugley N Jackson Y Jacobs James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning N Marin Y 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 N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N 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 Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet E Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 122, nays 44. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Reese of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Howard of the 121st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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 "nay" thereon. THURSDAY, FEBRUARY 11, 2010 585 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. The following Resolutions of the House were read and adopted: HR 1402. By Representatives Bell of the 58th, Drenner of the 86th, Kaiser of the 59th, Morgan of the 39th, Gardner of the 57th and others: A RESOLUTION honoring the life and memory of Mr. Allen Keith Thornell; and for other purposes. HR 1403. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION commending Ms. Margel D. Winn for her outstanding public service; and for other purposes. HR 1404. By Representatives Purcell of the 159th, Stephens of the 164th, Ralston of the 7th, Jones of the 46th, Bryant of the 160th and others: A RESOLUTION recognizing and commending Mr. Doug J. Marchand on the occasion of his retirement; and for other purposes. HR 1405. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION commending Mr. William C. "Billy" Strozier for his outstanding public service; and for other purposes. HR 1406. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION commending Mr. Ronald L. Waller for his outstanding public service; and for other purposes. HR 1407. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION Mr. Michael L. Ray for his outstanding public service; and for other purposes. HR 1408. By Representative Sellier of the 136th: A RESOLUTION recognizing and commending Mr. Charlie Frank Harris; and for other purposes. 586 JOURNAL OF THE HOUSE HR 1409. By Representative Ehrhart of the 36th: A RESOLUTION commending the Boy Scouts of America program on the occasion of its 100th anniversary and recognizing February 11, 2010, as Boy Scouts of America Day at the state capitol; 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 926. By Representatives Mills of the 25th, Maxwell of the 17th, Hill of the 21st, Shaw of the 176th, Reese of the 98th and others: A BILL to be entitled an Act to amend Code Section 7-1-285 of the Official Code of Georgia Annotated, relating to the limits on obligations of a bank to one person or one corporation, so as to exempt certain renewals or restructuring of loans from those limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 883 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: THURSDAY, FEBRUARY 11, 2010 587 HB 925 Do Pass HB 936 Do Pass, by Substitute HB 977 Do Pass, by Substitute SB 84 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 858 Do Pass HR 178 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th 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 374 Do Pass, by Substitute HB 903 Do Pass, by Substitute HB 984 Do Pass, by Substitute HB 1093 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker Pro Tem 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, February 16, 2010. 588 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Tuesday, February 16, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Amerson Anderson Ashe Baker Barnard Battles Bearden E Beasley-Teague Bell Benfield Benton E Black Brooks Bryant Buckner Burns Butler Carter Casas Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper Cox Dawkins-Haigler Day Dempsey E Dickson Dobbs Dodson Dooley Drenner E Dukes Ehrhart England Epps, C Epps, J Fludd Franklin E Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard E Heckstall Hembree E Hill, C Hill, C.A Houston Howard Hugley Jackson Jacobs James Johnson Jones, J Jones, S Jordan Kaiser Keown Kidd Knox Lane, B Lane, R Levitas Lindsey Long Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell Mayo McCall McKillip Meadows Mills Mitchell E Morgan Mosby Murphy Neal Nix O'Neal Parrish Parsons Peake Porter Powell, J Pruett Purcell Ramsey Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M E Sellier Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, R Smith, T Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Allison of the 8th, Austin of the 10th, Bruce of the 64th, Burkhalter of the 50th, Byrd of the 20th, Cole of the 125th, Crawford of the 16th, Davis of the 109th, Floyd of the 99th, Golick of the 34th, Holt of the 112th, Horne of the 71st, Hudson of the 124th, Jerguson of the 22nd, Keen of the 179th, Knight of the 126th, Loudermilk of the 14th, Lucas of the 139th, May of the 111th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Setzler of the 35th, Sinkfield of the 60th, Smith of the 70th, and Walker of the 107th. TUESDAY, FEBRUARY 16, 2010 589 They wish to be recorded as present. Prayer was offered by Dr. Ron King, Pastoral Institute, 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 Resolution of the House were introduced, read the first time and referred to the Committees: HB 911. By Representatives Hill of the 21st, Keen of the 179th, Rice of the 51st, Lindsey of the 54th, Porter of the 143rd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Chapter 2 of Title 48 of the Official Code of Georgia Annotated, related to ethics in government and the state administrative organization, administration, and enforcement for revenue and taxation, respectively, so as to provide for investigation and enforcement of the constitutional requirement for public officers to file and pay federal, state, and local taxes; to provide for related matters; to provide for a contingent effective date; to provide for automatic 590 JOURNAL OF THE HOUSE repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 1168. By Representatives Geisinger of the 48th, Lindsey of the 54th, McCall of the 30th, Levitas of the 82nd, Kidd of the 141st and others: A BILL to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for parimutuel wagering or betting on horse racing in this state; to provide for the comprehensive regulation of such activities; to provide for legislative intent; to provide for definitions; to provide for the establishment of the Georgia Racing Commission; to establish and provide for the Georgia Breeders Fund; to enter into the Live Horseracing Compact; to provide for the appointment of members of the Compact Committee; to prohibit certain conduct and provide for penalties; to provide for related matters; to provide a contingent effective date and for repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1169. By Representative Porter of the 143rd: A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 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 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid TUESDAY, FEBRUARY 16, 2010 591 program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1171. By Representatives Powell of the 171st, Collins of the 27th, Hatfield of the 177th, Thompson of the 104th, Maddox of the 127th and others: A BILL to be entitled an Act to amend Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior and to keep the peace, so as to provide for application and notice to appear for a show cause hearing; to provide for a hearing; to provide for bonds; to provide for costs; to provide for the issuance of a prehearing arrest warrant; to repeal provisions relating to a bond against a spouse; to provide for a bond for good behavior; to provide for remedy for violation of bond; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1172. By Representatives Powell of the 171st, Thompson of the 104th and Maddox of the 127th: A BILL to be entitled an Act to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to the selection of clerks, compensation, and eligibility, so as to provide that if the General Assembly has not provided by local law for a clerk of the magistrate court, the clerk of the superior court shall serve in such capacity; to provide that the clerk of the superior court may opt not to serve or may elect to cease serving; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1173. By Representatives Ashe of the 56th, Kaiser of the 59th and Taylor of the 55th: A BILL to be entitled an Act to amend Code Section 36-74-21 of the Official Code of Georgia Annotated, relating to definitions regarding the local government code enforcement boards, so as to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. 592 JOURNAL OF THE HOUSE HB 1174. By Representatives Burns of the 157th, Hamilton of the 23rd, Roberts of the 154th, Sheldon of the 105th and Lane of the 158th: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 1175. By Representatives Maddox of the 172nd, Shaw of the 176th, Williams of the 178th, Roberts of the 154th, Black of the 174th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to wildlife generally, so as to provide for permits for quality deer management programs on privately owned tracts of land; to provide requirements for such programs; to change certain provisions relating to unlawful enticement of game; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1176. 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1177. By Representatives Levitas of the 82nd, Jacobs of the 80th and Henson of the 87th: TUESDAY, FEBRUARY 16, 2010 593 A BILL to be entitled an Act to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, adulteration of food, so as to provide for legislative intent; to provide a short title; to define certain terms; to provide for the posting of kosher certification information by sellers of kosher food and kosher for Passover food; to prohibit the posting of false kosher certification information; to provide for enforcement by the Commissioner of Agriculture; to provide penalties for the failure to post kosher certification information and for the posting of false kosher certification information; to provide for the handling of minor violations; to provide for the institution of criminal proceedings; to provide for injunctive relief; to provide that remedies under this Act are not exclusive; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1178. By Representatives Scott of the 2nd, Bearden of the 68th and Butler of the 18th: A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for the nourishment or hydration of a person receiving health care; to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to advance directives for health care, so as to provide for definitions; to provide for a form; to provide that declarants shall be entitled to nourishment or hydration under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. 594 JOURNAL OF THE HOUSE HB 1180. By Representatives Franklin of the 43rd, Chambers of the 81st, Day of the 163rd, Loudermilk of the 14th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide that public safety income received by a taxpayer who is a full-time or part-time public safety officer shall not be subject to state income tax; to provide for a definition; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1181. By Representatives Franklin of the 43rd, Hatfield of the 177th, Byrd of the 20th, Knox of the 24th and Mangham of the 94th: A BILL to be entitled an Act to amend Titles 16 and 17 of the Official Code of Georgia Annotated, relating to criminal law and criminal procedure, respectively, so as to change the term "victim" to the term "accuser" in the context of a number of statutes making reference to circumstances where there has not yet been a criminal conviction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1182. By Representatives Neal of the 1st, Williams of the 4th, Dickson of the 6th, Mitchell of the 88th, England of the 108th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HB 1183. By Representatives Neal of the 1st, Collins of the 27th, Powell of the 171st, Abrams of the 84th and Benfield of the 85th: TUESDAY, FEBRUARY 16, 2010 595 A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest involving sexual intercourse or sodomy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1087. By Representatives Hill of the 21st, Keen of the 179th, Rice of the 51st, Lindsey of the 54th, Porter of the 143rd and others: A RESOLUTION proposing an amendment to the Constitution so as revise and strengthen the provisions making tax defaulters ineligible for public office and provide for the release of otherwise confidential tax information for purposes of enforcement; to provide for submission of this amendment for ratification or rejection; 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 1156 HB 1157 HB 1158 HB 1159 HB 1160 HB 1161 HB 1162 HB 1163 HB 1164 HB 1165 HB 1166 HB 1167 HR 1384 HR 1385 HR 1400 HR 1401 SB 305 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 429 Do Pass, by Substitute 596 JOURNAL OF THE HOUSE 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 1120 HR 1121 HR 1170 HR 1329 Do Pass Do Pass Do Pass Do Pass HR 1343 Do Pass HR 1398 Do Pass HR 1399 Do Pass Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report: Mr. Speaker: Your Committee on Science & Technology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 281 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, FEBRUARY 16, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 703 County property; granted first right to purchase condemned property; provide (Substitute)(SP&CA-Smith-168th) TUESDAY, FEBRUARY 16, 2010 597 Modified Open Rule HB 122 Counties and municipalities; budget excess; searchable website; provisions (Substitute)(GAff-Lindsey-54th) Modified Structured Rule HB 249 HB 991 SB 131 Public Retirement Systems Investment Authority Law; define certain terms; provisions (Substitute)(Ret-Martin-47th) Sales and use tax; county and municipal; distribution of proceeds; revise (W&M-Willard-49th) The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts (Substitute)(Judy-Willard-49th) Hamrick-30th Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 376. By Senator Douglas of the 17th: A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and 598 JOURNAL OF THE HOUSE use of proceeds from such sales; to provide for an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee: SB 376. By Senator Douglas of the 17th: A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for 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: Coleman of the 97th, Bearden of the 68th, Epps of the 140th, Hugley of the 133rd, Smith of the 113th, Williams of the 165th, and Smith of the 70th. 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 Education: 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 TUESDAY, FEBRUARY 16, 2010 599 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. By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary: 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 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. 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 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Agriculture & Consumer Affairs: HB 1048. By Representatives McCall of the 30th, Anderson of the 117th, Roberts of the 154th, England of the 108th and Maddox of the 172nd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to 600 JOURNAL OF THE HOUSE provide that each conveyance of real property on which is located a residential or commercial structure shall require a certification that such structure has been inspected for termites and other wood-destroying organisms; to provide for delivery; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on State Institutions & Property: 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. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1120. By Representatives Levitas of the 82nd and Smith of the 113th: A RESOLUTION commending Hands On Atlanta founders Mr. Kent Alexander, Ms. Elise Eplan, and Ms. Michelle Nunn, and inviting them to appear before the House of Representatives; and for other purposes. HR 1121. By Representatives Beasley-Teague of the 65th and Battles of the 15th: A RESOLUTION celebrating Mrs. Irene Geurin's 100th birthday and inviting her to appear before the House of Representatives; and for other purposes. HR 1170. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Sellier of the 136th: A RESOLUTION recognizing the Warner Robins American Little League Softball team for winning the Softball World Series and inviting the team and TUESDAY, FEBRUARY 16, 2010 601 coaches to appear before the House of Representatives; and for other purposes. HR 1329. By Representatives Sellier of the 136th and James of the 135th: A RESOLUTION congratulating the Peach County High School football team on winning the 2009 Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1343. By Representatives Smith of the 113th, Holt of the 112th, Levitas of the 82nd, Amerson of the 9th, Keen of the 179th and others: A RESOLUTION declaring February 16, 2010, as Georgia Academy of Audiology Day at the state capitol and inviting representatives from the Georgia Academy of Audiology to be recognized by the House of Representatives; and for other purposes. HR 1398. 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 be recognized by the House of Representatives; and for other purposes. HR 1399. By Representatives Purcell of the 159th and Stephens of the 164th: A RESOLUTION commending Mr. Ronald L. Waller for his outstanding public service and inviting him to be recognized by 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 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 602 JOURNAL OF THE HOUSE provide for certain information required to be posted on such website; to provide for exceptions; to repeal conflicting laws; and for other purposes. 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 relative to counties, municipalities, and other governmental entities, so as to define certain terms; to provide that each local government having an annual budget in excess of $1 million shall post certain information to a website accessible by the public; to provide for the information required to be posted on such website; to authorize the development, operation, and maintenance of such website; to provide for training; to provide for exceptions; 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 relative to counties, municipalities, and other governmental entities, is amended by adding a new Code section to read as follows: "36-80-21. (a) As used in this Code section, the term: (1) 'Audit' means an annual report of the financial affairs and transactions of a county, municipality, or consolidated government as required by Code Section 36-817 and an annual report of a school district as required by rule and regulation of the State Board of Education. (2) 'Budget' means: (A) A plan of financial operation embodying an estimate of proposed expenditures during a budget period and the proposed means of financing such expenditures for a county, municipality or consolidated government as required by Article 1 of Chapter 81 of this title and such plans of financial operation for the general fund, each special revenue fund, each debt service fund, each internal service fund, each enterprise fund, and each fiduciary fund in use by such unit of local government as such funds are defined in Code Section 36-81-2; and (B) A plan of financial operation of a school district as required by rule and regulation of the State Board of Education and paragraph (3) of subsection (a) of Code Section 20-2-167. (3) 'Local government' means any local school board or a governing authority of a county or municipality having an annual budget in excess of $1 million. (4) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia. TUESDAY, FEBRUARY 16, 2010 603 (5) 'Website' means a website which shall be developed, operated, and maintained by the Vinson Institute that shall allow the public to review and analyze the information identified in subsections (c) and (d) of this Code section at no cost to the public or the local governments that post to the website. (b) Each local government shall post the information required by this Code section to the website for each fiscal year beginning on and after January 1, 2011. (c) As soon as a local government has adopted, by ordinance or resolution, a final budget for an upcoming fiscal year, a copy of the budget shall be electronically transmitted in a Portable Document Format (PDF) file to the Vinson Institute and posted on the website by the Vinson Institute as soon as practicable. In no event shall the PDF copy of the budget be transmitted to the Vinson Institute more than 30 calendar days following the adoption of the budget ordinance or resolution. (d) After the close of a fiscal year, a copy of the audit of each local government shall be electronically transmitted in a Portable Document Format (PDF) file to the Vinson Institute and posted on the website by the Vinson Institute as soon as practicable. The PDF copy of the audit of a county, municipality, or consolidated government shall be transmitted to the Vinson Institute concurrent with submission of the audit to the state auditor as required by subsection (d) of Code Section 36-81-7. The audit of a school district shall be transmitted to the Vinson Institute concurrent with submission of the audit to the State Board of Education as required by rule and regulation of the State Board of Education. (e) Concurrent with the submission of the annual report by local law enforcement agencies required by division (u)(4)(D)(iii) of Code Section 16-13-49, a copy of such report shall be electronically transmitted in a Portable Document Format (PDF) file to the Vinson Institute and posted on the website by the Vinson Institute as soon as practicable. (f) The Vinson Institute shall, subject to appropriation by the General Assembly, develop the website for use by local governments under this Code section and provide all necessary training for local government officials in its operation in order to allow local governments to upload the information required by this Code section on a timely basis at no cost to such local governments." 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 Allison Y Crawford Y Davis Y Dawkins-Haigler E Heckstall Y Hembree Y Henson Y Manning Y Marin Y Martin Y Scott, A Y Scott, M E Sellier 604 JOURNAL OF THE HOUSE Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin E 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 Hudson Y Hugley Jackson Y Jacobs Y James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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. Due to a mechanical malfunction, the vote of Representative Hudson of the 124th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 TUESDAY, FEBRUARY 16, 2010 605 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 Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 7 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Georgia Firefighters' Pension Fund, so as to define a certain term; to provide that such fund may invest fund assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Georgia Firefighters' Pension Fund, is amended by adding a new Code section to read as follows: "47-7-127. (a) As used in this Code section, the term 'alternative investments' means the following investments: (1) Privately placed investment pools, including, without limitation, private investment funds, such as: (A) Leveraged buyout funds; (B) Mezzanine funds; (C) Workout funds; (D) Debt funds; (E) Venture capital funds; (F) Merchant banking funds; and (G) Funds of funds and secondary funds that include investments in privately placed investment pools described in this paragraph, in each case whether structured as a partnership, limited liability company, 606 JOURNAL OF THE HOUSE trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United States or outside the United States; invested in the United States or outside the United States or any combination thereof; or as investments of the type described in paragraph (2) of this subsection or other investments of any type or any combination thereof; (2) Private placements and other private investments, including without limitation: (A) Leveraged buyouts; (B) Venture capital investment; (C) Equity investments, including, without limitation, preferred and common stock; (D) Warrants; (E) Options; (F) Private investments in public securities; (G) Recapitalizations; (H) Privatizations; (I) Mezzanine debt investments; (J) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (K) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (L) Convertible securities; (M) Receivables; (N) Interests, as such term is referred to in Sections 501 and 502 of Title 11 of the United States Code; (O) Claims, as such term is defined in paragraph (5) of Section 101 of Title 11 of the United States Code; (P) Debt and equity derivative instruments of all types; and (Q) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (3) Any distribution in kind received by the fund in connection with any investment described in paragraphs (1) and (2) of this subsection. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, the fund is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of fund assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation will not include any alternative investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. TUESDAY, FEBRUARY 16, 2010 607 (c) An alternative investment may not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by the fund shall have previously been or shall be concurrently made or committed to be made by at least four other investors not affiliated with the issuer. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the fund to the extent such other investors are similarly situated with the fund. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by the fund. (d) Alternative investments by the fund may not in the aggregate exceed 5 percent of fund assets at any time. The board shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the fund is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance the fund shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the fund to alternative investments made before the period of noncompliance. (e)(1) As used in this subsection, the term 'proprietary information' means information which meets all of the following criteria: (A) The information is known outside the portfolio manager only to actual and potential investors who have signed a nondisclosure agreement prior to receiving any information, which nondisclosure agreement is required to be signed by participants in the investment, and breach of confidentiality by the investors would be grounds for terminating the investment contract between the investor and the portfolio manager; (B) The information collected by the portfolio manager requires specialized expertise and experience to research companies in which the firm invests, the market for those companies, and their competitors. The portfolio manager has its own proprietary means of selecting companies in which to invest and for packaging 608 JOURNAL OF THE HOUSE portfolios for the limited partners, and research processes, methodologies and qualitative analysis of the data are unique and specialized in each firm's organization. Additional value may be added to the information with analysis, assessment, and conclusions, which serve as the basis for the investor's decision to invest in a portfolio; and (C) The portfolio manager guards the secrecy and confidentiality of the information in their proprietary databases during all phases of its work, including research, analysis, marketing, and dissemination and access to the information within the portfolio manager or partnership is limited to the researchers, analysts, and senior management of the general partner who put the information together for the limited partners and the limited partners and the persons in their financial operations who have signed the nondisclosure agreement. (2) In addition to those records identified in Code section 47-1-14, and notwithstanding to provisions of Code Section 50-18-72, proprietary information shall be exempt from public disclosure for a period of two years from the date the fund enters into a nondisclosure as provided in paragraph (1) of this subsection. (3) The fund shall make publicly available the following nonproprietary information after a period of one year from the date such records were created: (A) The name of any alternative investment in which the fund has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the fund first invested in an alternative investment described in paragraph (1) of this subsection; (C) The aggregate amount of money, expressed in dollars, the fund has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the fund received from alternative investments; (E) The aggregate internal rate of return or the result under any other such standard used by the fund in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining aggregate cost of alternative investments in which the fund has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of the fund, and such officers shall respect such confidentiality to the extent consistent with their separate powers and duties. (5) On the first Monday in March of each year, the executive director of the board shall provide a report to the Governor and the chairpersons of the House and Senate standing committees on retirement detailing the performance of the investments made TUESDAY, FEBRUARY 16, 2010 609 pursuant to this Code section including, without limitation, a clear statement of the aggregate loss or profit on such investments for the preceding year. This paragraph shall not be construed so as to require the disclosure of any information otherwise protected by this subsection. (f) The board shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (g) Funds invested pursuant to this Code section and any return on such investment shall remain funds of this fund." SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended by revising subsection (a) by striking "or" at the end of paragraph (21), by replacing the period with "; or" at the end of paragraph (22), and by adding a new paragraph to read as follows: "(23) Records that are expressly exempt from public inspection pursuant to Code Sections 47-1-14 and 47-7-127." 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell N Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y 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 E Frazier 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen 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 Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parrish N Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Stephens, R Y Stephenson Y Talton Y Taylor 610 JOURNAL OF THE HOUSE Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers 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 N Hatfield Y Heard Y Keown Y Kidd 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 Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Teilhet Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 Sims of the 169th District, Chairman of the Committee on Information and Audits, submitted the following report: Mr. Speaker: Your Committee on Information and Audits 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 831 Do Pass, by Substitute TUESDAY, FEBRUARY 16, 2010 611 Respectfully submitted, /s/ Sims of the 169th 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 991. 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 comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates; to provide for procedures, conditions, and limitations; to provide for applicability regarding certain new qualified municipalities or newly expanded qualified municipalities; to change provisions relating to the procedure for call of a referendum election on discontinuing imposition of the tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin E Frazier E Heckstall Y Hembree Y Henson E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Manning Y Marin 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 Y O'Neal Y Parrish Y Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor 612 JOURNAL OF THE HOUSE Y Burns Y Butler N Byrd Y Carter N 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 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 N Keown Y Kidd 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 Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 148, nays 17. The Bill, having received the requisite constitutional majority, was passed. Representative Williams of the 178th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 703 was postponed until tomorrow. 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. The following Committee substitute was read and adopted: A BILL To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to comprehensively revise provisions relating to trusts, charitable trusts, TUESDAY, FEBRUARY 16, 2010 613 trustees, and trust investments; to provide a short title; 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 provide for creditors' claims and spendthrift and discretionary provisions; to provide for testamentary additions to trusts; to provide for implied trusts; to provide for creation by deed to acquire beneficial interest; to provide for charitable trusts; to provide for trustees, their appointment, and their compensation; to provide for resignation and removal; to provide for interim accounting and final accounting; to provide for trustees' duties and powers, certification of trusts, and registration and deposit of securities; to provide for trustee liability; to provide for foreign entities and nonresidents acting as trustees; to provide for trust investments; to enact the "Georgia Principal and Income Act"; to provide for appointment at the beginning and end of income interest; to provide for allocation of receipts during administration of trust; to amend Code Section 7-1-242 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 amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 12 of Title 53 and correct crossreferences; 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 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by repealing in its entirety Chapter 12, relating to trusts, and enacting a new Chapter 12 to read as follows: "CHAPTER 12 ARTICLE 1 53-12-1. (a) This Act shall be known and may be cited as 'The Revised Georgia Trust Code of 2010.' (b) Except to the extent it would impair vested rights and except as otherwise provided by law, the provisions contained in this chapter shall apply to any trust regardless of the date such trust was created. 53-12-2. As used in this chapter, the term: (1) 'Ascertainable standard' means a standard relating to an individual's health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or 2514(c)(1) of the federal Internal Revenue Code of 1986. 614 JOURNAL OF THE HOUSE (2) 'Beneficiary' means a person for whose benefit property is held in trust, regardless of the nature of the interest, and includes any beneficiary, whether vested or contingent, born or unborn, ascertained or unascertained. (3) 'Express trust' means a trust as described in Code Section 53-12-20. (4) 'Foreign entity' means: (A) Any financial institution whose deposits are federally insured which is organized or existing under the laws of any state of the United States, other than Georgia, or any subsidiary of such financial institution; (B) Any other corporation organized or existing under the laws of any state of the United States which borders upon this state, specifically, Florida, Alabama, Tennessee, North Carolina, or South Carolina; and (C) Any federally chartered financial institution whose deposits are federally insured having its principal place of business in any state of the United States, other than Georgia, or any subsidiary of such financial institution. (5) 'Implied trust ' means a resulting trust as described in Code Section 53-12-130 or a constructive trust as described in Code Section 53-12-132. (6) 'Nonresident' means an individual who does not reside in Georgia. (7) 'Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or other legal entity, including any of the foregoing acting as a fiduciary. (8) 'Private foundation' means a private foundation as defined in Section 509 of the federal Internal Revenue Code. (9) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable. (10) 'Qualified beneficiary' means a living individual or other existing person who, on the date of determination of beneficiary status: (A) Is a distributee or permissible distributee of trust income or principal; (B) Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subparagraph (A) of this paragraph terminated on that date without causing the trust to terminate; or (C) Would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. (11) 'Settlor' means the person who creates the trust, including a testator in the case of a testamentary trust. (12) 'Spendthrift provision' means a provision in a trust instrument that prohibits transfers of a beneficiary's interest in the income or principal or both. (13) 'Trust' means an express trust or an implied trust but shall not include trusts created by statute or the Constitution of Georgia. (14) 'Trust instrument' means the document, including any testamentary instrument, that contains the trust provisions. (15) 'Trust property' means property the legal title to which is held by the trustee. The term also includes choses in action, claims, and contract rights, including a TUESDAY, FEBRUARY 16, 2010 615 contractual right to receive death benefits as the designated beneficiary under a policy of insurance, contract, employees' trust, or other arrangement. (16) 'Trustee' means the person or persons holding legal title to the property in trust. 53-12-3. Except to the extent that the principles of common law and equity governing trusts are modified by this chapter or another provision of law, those principles remain the law of this state. 53-12-4. (a) As to real property, the validity of a trust shall be determined by the law of the situs of the real property. (b) As to all other property, the validity of a trust shall be determined by: (1) The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or (2) In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue. 53-12-5. The meaning and effect of the trust provisions shall be determined by: (a) The law of the jurisdiction designated in the trust instrument unless the effect of the designation is contrary to the public policy of the jurisdiction having the most significant relationship to the matter at issue; or (b) In the absence of an effective designation in the trust instrument, the law of the jurisdiction having the most significant relationship to the matter at issue. 53-12-6. (a) Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee which sound at law may be filed in a court of law. (b) Actions concerning the construction, administration, or internal affairs of a trust shall be maintained in superior court except as otherwise provided in Code Section 159-127. (c) Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter except as provided in subsection (b) of this Code section. 53-12-7. (a) The effect of the provisions of this chapter may be varied by the trust instrument except: (1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter; 616 JOURNAL OF THE HOUSE (2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter; (3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260; (5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-290; and (6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter. ARTICLE 2 53-12-20. (a) An express trust shall be created or declared in writing and signed by the settlor or an agent for the settlor acting under a power of attorney containing express authorization. (b) An express trust shall have, ascertainable with reasonable certainty: (1) An intention by a settlor to create such trust; (2) Trust property; (3) Except for charitable trusts, a beneficiary who is reasonably ascertainable at the time of the creation of such trust or reasonably ascertainable within the period of the rule against perpetuities; (4) A trustee; and (5) Trustee duties specified in writing or provided by law. (c) The requirement that a trust have a reasonably ascertainable beneficiary shall be satisfied if under the trust instrument the trustee or some other person has the power to select the beneficiaries based on a standard or in the discretion of the trustee or other person. 53-12-21. (a) No formal words shall be necessary to create an express trust. (b) Words otherwise precatory in nature will create a trust only if they are sufficiently imperative to show a settlor's intention to impose enforceable duties on a trustee and if all other elements of an express trust are present. 53-12-22. (a) A trust may be created for any lawful purpose. (b) A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out. TUESDAY, FEBRUARY 16, 2010 617 53-12-23. A person has capacity to create an inter vivos trust to the extent that such person has legal capacity to transfer title to property inter vivos. A person has capacity to create a testamentary trust to the extent that such person has legal capacity to devise or bequeath property by will. 53-12-24. No trust shall be invalid or terminated and no merger of title to trust property shall occur merely because the trustee or trustees are the same person or persons as the beneficiary or beneficiaries of the trust. 53-12-25. (a) Transfer of property to a trust shall require a transfer of legal title to the trustee. (b) For any interest in real property to become trust property in a trust of which any transferor is a trustee, the instrument of conveyance shall additionally be recorded in the appropriate real property records. 53-12-26. Property may be added to an existing trust from any source in any manner if the addition is not prohibited by the trust instrument and the property is acceptable to the trustee. 53-12-27. When the construction of an express trust is at issue, the court may hear parol evidence of the circumstances surrounding the settlor at the time of the execution of the trust and parol evidence to explain all ambiguities, both latent and patent. 53-12-28. (a) A trust may be created to provide for the care of an animal that is alive during the settlor's lifetime. The trust shall terminate upon the death of such animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal. (b) A trust authorized by this Code section may be enforced by a person appointed in the trust instrument or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. (c) Upon termination of a trust authorized by this Code section, the trustee shall transfer any unexpended trust property in the following order: (1) As directed in the trust instrument; (2) If the trust was created in a nonresiduary clause in the settlor's will or in a codicil to the settlor's will, under the residuary clause in the settlor's will; and 618 JOURNAL OF THE HOUSE (3) If no taker is produced by the application of paragraph (1) or (2) of this subsection, to the settlor, if living, and if not, to the settlor's heirs, as determined under Code Section 53-2-1. ARTICLE 3 53-12-40. (a) A settlor shall have no power to modify or revoke a trust in the absence of an express reservation of such power. (b) A power to revoke shall be deemed to include a power to modify, and an unrestricted power to modify shall be deemed to include a power to revoke. (c) Any revocation or modification of an express trust shall be in writing and signed by the settlor. 53-12-41. In exercising a power to modify the trust instrument, the settlor shall not enlarge the duties or liabilities of the trustee without the trustee's express consent. 53-12-42. A trustee shall not be liable for failing to act in accordance with the terms and conditions of an amendment or revocation of a trust of which the trustee had no notice. 53-12-43. (a) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the trust instrument and the power. (b) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by the settlor's conservator only as provided in Code Section 29-5-23. 53-12-44. No trust shall be considered to be revocable merely because the life beneficiary has a reversion in or a power of appointment over assets of the trust or because the life beneficiary's heirs or estate have a remainder interest therein. 53-12-45. (a) Any judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor's death shall be commenced within two years of the settlor's death. (b) Upon the death of the settlor of a trust that was revocable immediately before the settlor's death, the trustee may proceed to distribute the trust property in accordance with the trust provisions. The trustee shall not be subject to liability for doing so unless: TUESDAY, FEBRUARY 16, 2010 619 (1) The trustee knows of a pending judicial proceeding contesting the validity of the trust; or (2) A potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the trust, and a judicial proceeding is commenced within 60 days after the contestant sent such notification. (c) A beneficiary of a trust that is determined to have been invalid shall be liable to return any distribution received. ARTICLE 4 53-12-60. (a) If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention. (b) A petition for reformation may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition for reformation of the trust shall be given to the trustee and all beneficiaries. 53-12-61. The trust instrument may confer upon a trustee or other person a power to modify the trust. 53-12-62. (a) The court may: (1) Modify the administrative or dispositive provisions of a trust if, owing to circumstances not known to or anticipated by the settlor, compliance with the provisions of the trust would defeat or substantially impair the accomplishment of the purposes of such trust; (2) Modify the administrative provisions of a trust if continuation of the trust under its existing provisions would impair such trust's administration; or (3) Modify the trust by the appointment of an additional trustee or special fiduciary if the court considers the appointment necessary for the administration of the trust. (b) A petition for modification may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition to modify the trust shall be given to the trustee and all beneficiaries. (d) The court may modify the trust regardless of whether it contains spendthrift provisions or other similar protective provisions. (e) An order for modification shall conform as nearly as practicable to the intention of the settlor. 620 JOURNAL OF THE HOUSE 53-12-63. (a) The court may order the division of a single trust into two or more trusts or the consolidation of two or more trusts into a single trust if the division or consolidation: (1) Is consistent with the intent of the settlor with regard to any trust to be consolidated or divided; (2) Would facilitate administration of the trust or trusts; and (3) Would be in the best interest of all beneficiaries. (b) A petition for division or consolidation may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition to divide or consolidate a trust or trusts shall be given to the trustee and all beneficiaries of each trust. (d) Subsection (a) of this Code section may apply to one or more trusts created by the same or different trust instruments or by the same or different persons. (e) Subsection (a) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing trust instrument to divide or consolidate trusts. 53-12-64. (a) The trust instrument may confer upon a trustee or other person a power to terminate the trust. (b) The court may terminate a trust and order distribution of the trust property if: (1) The costs of administration are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution from a probate estate would defeat or substantially impair the purposes of the trust; (2) The purpose of the trust has been fulfilled or become illegal or impossible to fulfill; or (3) Owing to circumstances not known to or anticipated by the settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purposes of the trust. (c) A petition for termination may be filed by the trustee or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (d) Notice of a petition to terminate the trust shall be given to the trustee, all beneficiaries, any holder of a power of appointment over the trust property, and such other persons as the court may direct. (e) The court may terminate the trust regardless of whether it contains spendthrift provisions or other similar protective provisions. (f) Distribution of the trust property under the order for termination shall be made to or among the current beneficiaries and the vested remainder beneficiaries, or, if there are no vested remainder beneficiaries, among the current beneficiaries and the contingent remainder beneficiaries. The order shall specify the appropriate share, if any, of each current and remainder beneficiary who is to share in the proceeds of the trust so as to conform as nearly as practicable to the intention of the settlor or testator. The order TUESDAY, FEBRUARY 16, 2010 621 may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' 53-12-65. (a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $50,000.00 or for which the trustee's annual fee for administering the trust is 5 percent or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration. (b) The court may modify or terminate a trust or remove a trustee and appoint a different trustee if it determines that the value of the trust property is insufficient to justify the cost of administration. (c) Upon termination of a trust under this Code section, the trustee shall distribute the trust property in a manner consistent with the purposes of the trust. (d) This Code section shall not apply to an easement for conservation. (e) This Code section shall not apply to trusts governed by Chapter 14 of Title 10. ARTICLE 5 53-12-80. (a) A spendthrift provision shall only be valid if it prohibits both voluntary and involuntary transfers. (b) A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, shall be sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest in the manner set forth in this article. (c) A beneficiary shall not transfer an interest in a trust in violation of a valid spendthrift provision, and, except as otherwise provided in this Code section, a creditor or assignee of the beneficiary shall not reach the interest or a distribution by the trustee before its receipt by the beneficiary. (d) A spendthrift provision shall not be valid as to the following claims against a beneficiary's right to a current distribution to the extent the distribution would be subject to garnishment under Article 2 of Chapter 4 of Title 18 if the distribution were disposable earnings: (1) Alimony or child support; (2) Taxes or other governmental claims; (3) Tort judgments; (4) Judgments or orders for restitution as a result of a criminal conviction of the beneficiary; or (5) Judgments for necessaries. 622 JOURNAL OF THE HOUSE The ability of a creditor or assignee to reach a beneficiary's interest under this subsection shall not apply to the extent that it would disqualify the trust as a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C). (e) A provision in a trust instrument that a beneficiary's interest shall terminate or become discretionary upon an attempt by the beneficiary to transfer it, an attempt by the beneficiary's creditors to reach it, or upon the bankruptcy or receivership of the beneficiary shall be valid except to the extent of the proportion of trust property attributable to such beneficiary's contribution. (f) If a beneficiary is also a contributor to the trust, a spendthrift provision shall not be valid as to such beneficiary to the extent of the proportion of trust property attributable to such beneficiary's contribution. This subsection shall not apply to a special needs trust established pursuant to 42 U.S.C. Sections 1396p(d)(4)(A) or 1396p(d)(4)(C). (g) Notwithstanding any other provision in this Code section, a spendthrift provision in a pension or retirement arrangement described in sections 401, 403, 404, 408, 408A, 409, 414, or 457 of the federal Internal Revenue Code of 1986 shall be valid with reference to the entire interest of the beneficiary in the income, principal or both, even if the beneficiary is also a contributor of trust property, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p). 53-12-81. A transferee or creditor of a beneficiary shall not compel the trustee to pay any amount that is payable only in the trustee's discretion regardless of whether the trustee is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution. 53-12-82. Whether or not the trust instrument contains a spendthrift provision, the following rules shall apply: (1) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors; (2) With respect to an irrevocable trust, creditors or assignees of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit during the settlor's life or that could have been distributed to or for the settlor's benefit immediately prior to the settlor's death. If a trust has more than one settlor, the amount the creditors or assignees of a particular settlor may reach shall not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution; and (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities shall be paid, the property of a trust that was revocable at the settlor's death or had become irrevocable as a result of the settlor's incapacity shall be subject to claims of the settlor's creditors to the extent the probate estate is inadequate. Payments that would not be subject to the claims of the settlor's creditors if made by way of beneficiary designation to persons other than the settlor's estate shall not be TUESDAY, FEBRUARY 16, 2010 623 made subject to such claims by virtue of this Code section unless otherwise provided in the trust instrument. 53-12-83. The holder of a power of withdrawal, during the period that the power may be exercised, shall be treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power. The lapse, release, or waiver of a power of withdrawal shall not cause the holder to be treated as a settlor of the trust. ARTICLE 6 Part 1 53-12-100. This part shall be known and may be cited as the 'Georgia Testamentary Additions to Trusts Act.' 53-12-101. (a) A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator or by the testator and some other person or by some other person, including a funded or unfunded life insurance trust, even if the settlor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator's will and its provisions are set forth in a written trust instrument, other than a will, executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust and notwithstanding the requirements of paragraph (2) of subsection (b) of Code Section 53-12-20. The devise or bequest shall not be invalid because the trust is amendable or revocable or both or because the trust was amended after the execution of the will or after the death of the testator. (b) Unless the testator's will provides otherwise, the property so devised or bequeathed: (1) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is devised or bequeathed; and (2) Shall be administered and disposed of in accordance with the provisions of the trust instrument or will setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. (c) Unless the testator's will provides otherwise, a revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. 53-12-102. The trustee of a trust established by the testator or others as provided in Code Section 53-12-101 shall not be required to inquire into or audit the actions of the executor of the testator's estate or to make any claim against the executor unless specifically directed to do so by the settlor in the trust instrument. In the event that the trustee is authorized or 624 JOURNAL OF THE HOUSE directed by the settlor in the trust instrument to pay or advance any part or all of the trust property to the executor of the testator's estate for the payment of debts, taxes, and expenses of administration of the testator's estate, the trustee shall not be liable for the application of the trust property so paid or advanced and shall not be liable for any act done or omitted to be done by the executor with regard to the trust property. 53-12-103. This part shall apply to all devises or bequests made in the will of a testator dying on or after May 31, 1968, whether the will is executed before or after such date. This part shall not invalidate a devise or bequest to a trustee made by a will executed prior to May 31, 1968, by a testator dying prior to such date. Part 2 53-12-120. A trust under a testator's will may be designated as the beneficiary of the testator's qualified retirement plan, individual retirement account, other retirement plan, or life insurance policies on the life of the testator so long as the testator's will is admitted to probate in solemn form, whether the designation occurs before or after the execution of the will. Unless the beneficiary designation provides otherwise, the designation of a trust under a will as beneficiary shall not be treated as the designation of the testator's estate as beneficiary nor shall such property, once delivered to the trustee under the testator's will, be deemed to be part of the testator's estate. ARTICLE 7 53-12-130. A resulting trust is a trust implied for the benefit of the settlor or the settlor's successors in interest when it is determined that the settlor did not intend that the holder of the legal title to the trust property also should have the beneficial interest in the property under any of the following circumstances: (1) A trust is created but fails, in whole or in part, for any reason; (2) A trust is fully performed without exhausting all the trust property; or (3) A purchase money resulting trust as defined in subsection (a) of Code Section 5312-131 is established. 53-12-131. (a) A purchase money resulting trust is a resulting trust implied for the benefit of the person paying consideration for the transfer to another person of legal title to real or personal property. (b) Except as provided in subsection (c) of this Code section, the payment of consideration as provided in subsection (a) of this Code section shall create a TUESDAY, FEBRUARY 16, 2010 625 presumption in favor of a resulting trust, but such presumption shall be rebuttable by a preponderance of the evidence. (c) If the payor of consideration and transferee of the property as provided in subsection (a) of this Code section are husband and wife, parent and child, or siblings, a gift shall be presumed, but such presumption shall be rebuttable by clear and convincing evidence. 53-12-132. (a) A constructive trust is a trust implied whenever the circumstances are such that the person holding legal title to property, either from fraud or otherwise, cannot enjoy the beneficial interest in the property without violating some established principle of equity. (b) The person claiming the beneficial interest in the property may be found to have waived the right to a constructive trust by subsequent ratification or long acquiescence. 53-12-133. In all cases in which a trust is sought to be implied, the court may hear parol evidence of the nature of the transaction, the circumstances, and the conduct of the parties, either to imply or rebut the trust. ARTICLE 8 53-12-150. As used in this article, the term: (1) 'Deed' means and includes any written agreement, declaration of trust, or other instrument which creates a trust estate in the trustee named therein and sets forth the terms and conditions of the trust and which indicates an intention, either expressly or by implication, that the trust estate created therein should be subject to this chapter, but such term shall not include a warranty deed, quitclaim deed, bill of sale, or other instrument that conveys title to property to a trustee merely by virtue of such fact alone. (2) 'Property' includes improved or unimproved property, real or personal, leaseholds, mortgages, notes, other obligations secured by property or any interest therein, or other interests in such property. 53-12-151. The owners of property located in this state or persons desiring to acquire beneficial ownership of such property may create by deed an estate therein and in the improvements made thereon and in the property to be acquired, for the benefit of themselves and such other persons, whether sui juris or not, who may contribute to the improvement or development or acquisition of the property and their assigns or transferees, provided that the deed creating the estate shall provide for the improvement or development of the property covered thereby or for the acquisition of the property 626 JOURNAL OF THE HOUSE and the trustee therein named, and his or her successor shall have some active duty to perform in and about the trust property or the management or control of the same. The deed creating the estate shall be recorded as provided in Code Section 53-12-152. When such an estate is created, the legal title to the property and all the property added thereto or substituted therefor shall vest and remain in the trustee named and his or her successor, in accordance with the terms of the deed, with all the powers conferred thereby upon the trustee, and shall not during the continuance of the estate pass to or vest in the beneficiaries. At the end of 25 years from the date of the deed creating the estate, the title to such of the property as may then belong to the estate shall vest in the beneficiaries; and, if the deed creating the estate so provides, a renewal of the estate may be made at the end of the 25 years, upon the terms and conditions and in the manner therein set forth, for a like period; provided, however, that in the alternative to the period of 25 years and the renewal thereof, if the deed so provides, the estate may be created for any period of time specified therein which does not extend beyond any number of lives in being and 21 years thereafter. 53-12-152. (a) The deed creating a trust estate as provided in Code Section 53-12-151 shall, within 30 days of the execution thereof, be filed by the trustee in the office of the clerk of the superior court of the county in which the principal office of the trust is located. The trustee shall concurrently pay to the clerk the fee prescribed in Code Section 15-6-77. Upon the deed being filed with the clerk and the fees being paid, the clerk shall deliver to the trustee or his or her attorney two certified copies of the deed, the filing of the clerk thereon, and a receipt for the costs which have been paid to the clerk. (b) Upon receiving the two certified copies of the deed, the trustee or his or her attorney shall present the same to the Secretary of State and shall pay $5.00 to the Secretary of State. The Secretary of State shall thereupon attach to one of the certified copies of the deed a certificate in substantially the following form: STATE OF GEORGIA OFFICE OF THE SECRETARY OF STATE This is to certify that a copy of the attached certified copy of a deed, declaration, or agreement of trust dated _______________________, by and between __________________________ as settlor(s) and _______________________ as trustee(s), which states that the trustee(s) may use the name of _______________________, has been duly filed in the office of the Secretary of State and the fees paid therefor, as provided by law. WITNESS my hand and official seal this ______ day of ______________, ____. ___________________ Secretary of State (c) The certified copy of the deed, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the existence of the trust and of its nature, terms, and conditions. TUESDAY, FEBRUARY 16, 2010 627 (d) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of the deed, filing of the clerk, and certificate of the Secretary of State, upon payment to him or her of a fee of $1.00, plus 10 per 100 words for copying, and the additional certified copies shall be likewise admitted in evidence with like force and effect. (e) Any amendment of a deed shall be filed with the clerk of the superior court and the Secretary of State in the same manner and under the same conditions required in the filing of the original deed, and the fees payable upon the filing shall be computed as if the filing were of an original deed. 53-12-153. If the deed creating a trust estate under Code Section 53-12-151 so provides, the trustee may conduct and transact the affairs of the trust estate under a business or trade name, which name shall be set forth in the deed. The name may include the word 'trust' but shall not include the words 'trust company.' 53-12-154. When an estate is created pursuant to Code Section 53-12-151 and from time to time thereafter, the trustee shall issue such certificates of beneficial interest as may be provided for by the deed to the persons who are beneficially interested in the estate or who become so interested therein in accordance with the provisions of the deed. The certificates shall pass and be transferred as personalty and in the same manner as shares of stock in corporations and shall be subject to levy and sale under attachment or execution or any other process in like manner as shares of stock. The trustee or person in charge of the estate representing the trustee shall be subject to the same demand as that provided by Code Sections 9-13-58 and 11-8-112 for the levying officer to make upon the officers of a corporation. Persons having claims against the estate may enforce the same by action against the trustee thereof in like manner as actions against corporations, and service thereof may be perfected by serving the trustee, if a resident of this state, and if not, then by publication. The venue of such actions shall be the same as that of similar actions against private corporations, but neither the trustee nor the beneficiaries of the estate shall be personally or individually liable therefor except in cases where officers and stockholders of private corporations would be liable under the law. 53-12-155. The trustee of a trust created under Code Section 53-12-151 shall have sole and exclusive management and control of the property, in accordance with the terms of the deed creating the estate. The exercise by the trustee of any power granted or conferred by the deed, including the power to lease, encumber, and sell, when exercised in accordance with the terms thereof, shall be as valid and effective to all intents and purposes as if the trustee was the sole and exclusive owner of the property in his or her own right. The trustee may resign or be removed and his or her successor may be 628 JOURNAL OF THE HOUSE appointed in the manner of and in accordance with the terms fixed by the deed creating the estate. The same rights, powers, and title over and to the property shall belong to and be vested in the new trustee as are conferred upon the original trustee by the deed creating the estate. The death of a trustee shall not operate to cast title upon his or her heirs, devisees, executors, or administrators, but the same shall vest in his or her successor, when appointed. 53-12-156. In addition to investments in any property, the trustee of a trust created under Code Section 53-12-151 may invest any funds of the trust estate in investments authorized by trustees under the laws of this state; provided, however, that the deed creating the estate may further limit or expand the powers and authority of the trustee with respect to investments, including the power to invest in property located outside this state. The trustee shall be authorized and empowered, in accordance with the terms of the deed creating the estate, from corpus or from income or from both, to repurchase or redeem any issued and outstanding certificates of beneficial interest. 53-12-157. Each trust created pursuant to this article shall make a return to the Secretary of State, upon the creation of the trust and annually thereafter, in the same manner and embracing the same information, insofar as applicable, as returns by corporations which are required to be made under Articles 1 and 16 of Chapter 2 of Title 14, including the provisions with regard to fees, penalty for noncompliance, and recording and certifying of copies of the returns. 53-12-158. Upon the termination of the estate created under Code Section 53-12-151, the legal title to all the property belonging to the estate which is then undisposed of shall pass to and vest in the persons who are, at that time, the beneficiaries of the estate, in shares corresponding to their respective interest as beneficiaries. 53-12-159. (a) Any trust created pursuant to this article may be merged into a domestic corporation for profit organized under the laws of this state and subject to Title 14 if the deed creating the trust expressly authorizes the merger. (b) With respect to the required procedure for the merger and the rights of dissenting shareholders: (1) The trust shall comply with any applicable provisions of the deed creating the trust and with the following Code sections, as if the trust were a domestic corporation: (A) Subsection (b) of Code Section 14-2-1103, as if the trustee of the trust were a board of directors of a domestic corporation; TUESDAY, FEBRUARY 16, 2010 629 (B) Subsections (c) through (i) of Code Section 14-2-1103 and Code Sections 14-21301 through 14-2-1332, as if the holders of certificates of beneficial interest in the trust were shareholders of a domestic corporation; and (C) Code Sections 14-2-1105 and 14-2-1105.1; and (2) The domestic corporation into which the trust is merged shall comply with the provisions of Title 14, relating to the merger of domestic corporations, in the same manner as if the trust being merged into it were a domestic corporation. (c) Upon compliance with the requirements of this Code section and the filing of articles of merger providing for a merger of the trust into a domestic corporation in the manner provided in Code Sections 14-2-1105 and 14-2-1105.1, the Secretary of State shall treat the merger as if it were a merger of corporations under Code Sections 14-21105 and 14-2-1105.1. (d) If the Secretary of State issues a certificate of merger, the merger shall become effective as of the time of delivery to the Secretary of State of the articles of merger so certified, as provided in Code Section 14-2-1105, or at such later time and date as the articles specify, not to exceed 60 days from the date of delivery of the articles to the Secretary of State. When the merger has become effective: (1) The trust and the domestic corporation into which the trust is merged shall be a single domestic corporation; (2) The separate existence of the trust shall cease; (3) The domestic corporation shall continue to have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a corporation organized under Title 14; (4) The domestic corporation shall possess all the rights, privileges, immunities, and franchises, of a public as well as of a private nature, of the trust; and all property, real, personal, and mixed, all debts due on whatever account, including subscriptions to shares, all other choses in action, and all and every other interest of or belonging to or due to the trust shall be taken and deemed to be transferred to and vested in the domestic corporation without further act or deed; and the title to any real property or any interest therein vested in the trust shall not revert or be in any way impaired by reason of the merger; (5) The domestic corporation shall be responsible and liable for all the liabilities and obligations of the trust. Any claim existing or action or proceeding pending by or against the trust may be prosecuted as if the merger had not taken place, or the domestic corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the trust shall be impaired by the merger; and (6) The articles of incorporation of the domestic corporation shall be deemed to be amended to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger. 630 JOURNAL OF THE HOUSE ARTICLE 9 53-12-170. (a) A charitable trust is a trust in which the settlor provides that the trust property shall be used for charitable purposes. (b) Charitable purposes shall include: (1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religion; (4) The advancement of health; (5) The advancement of science and the arts and humanities; (6) The protection and preservation of the environment; (7) The improvement, maintenance, or repair of cemeteries, other places of disposition of human remains, and memorials; (8) The prevention of cruelty to animals; (9) Governmental purposes; and (10) Other similar subjects having for their object the relief of human suffering or the promotion of human civilization. (c) If the settlor provides for both charitable and noncharitable purposes, the provisions relating to the charitable purposes shall be governed by this article. 53-12-171. The settlor of a charitable trust may retain the power to select the charitable purposes or charitable beneficiaries, or may grant the trustee or any other person the power to select charitable purposes or charitable beneficiaries or to engage in the charitable purposes, without rendering the trust void for indefiniteness. 53-12-172. If a charitable trust or gift cannot be executed in the manner provided by the settlor or donor, the superior court shall exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the settlor or donor. 53-12-173. A charitable trust shall be valid even though under the trust provisions it is to continue for an indefinite or unlimited period. 53-12-174. In all cases in which the rights of beneficiaries under a charitable trust are involved, the Attorney General or the district attorney of the circuit in which the major portion of trust property lies shall represent the interests of the beneficiaries and the interests of this state as parens patriae in all legal matters pertaining to the administration and disposition of such trust. The Attorney General or the district attorney may bring or defend actions, and, insofar as an action of this nature may be deemed an action against TUESDAY, FEBRUARY 16, 2010 631 the state, the state expressly gives its consent thereto. The venue of such actions may be in any county in this state in which a substantial number of persons who are the beneficiaries of the trust reside. Process shall be directed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust property lies. Service may be perfected by mailing a copy of the petition and process by the clerk of the superior court of the county in which it is filed to the Attorney General or to the district attorney of the circuit in which the major portion of the trust property lies. Any judgment determining rights under any charitable trusts shall be binding on the beneficiaries if the Attorney General or the district attorney of the circuit in which the major portion of the trust property lies is a party and is served as provided in this Code section. 53-12-175. The settlor of a charitable trust may maintain a civil action to enforce the trust. ARTICLE 10 Part 1 53-12-180. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-181, the articles of incorporation of any corporation which is a private foundation shall be amended automatically as of the later of the date of incorporation or January 1, 1972, to provide that the corporation shall: (1) Not engage in any act of self-dealing, as defined in Section 4941(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the federal Internal Revenue Code; (2) Not retain any excess business holdings, as defined in Section 4943(c) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the federal Internal Revenue Code; (3) Not make any investments which would jeopardize the carrying out of any of the exempt purposes of the corporation, within the meaning of Section 4944 of the federal Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the federal Internal Revenue Code; (4) Not make any taxable expenditures, as defined in Section 4945(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the federal Internal Revenue Code; and (5) Distribute for the purpose specified in its articles of incorporation for each taxable year amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code. 53-112-181. Any corporation which is a private foundation may amend its articles of incorporation expressly to exclude the application of Code Section 53-12-180 or any portion thereof 632 JOURNAL OF THE HOUSE in the manner provided by Article 10 of Chapter 2 of Title 14 or Article 8 of Chapter 3 of Title 14, whichever is applicable. 53-12-182. Nothing contained in Code Sections 53-12-180 and 53-12-181 shall cause or be construed to cause a forfeiture or reversion of any of the property of a corporation which is subject to such Code sections. 53-12-183. With respect to property held by a corporation which is a private foundation and which is subject to conditions which permit distributions to the extent of the net income of the property each year but do not permit distributions of the property or any part thereof itself, the directors of the corporation may elect to distribute so much of the property as may be necessary to enable the corporation to avoid liability for any tax imposed by Section 4942 of the federal Internal Revenue Code in the same manner as if the corporation were a trust described in Code Section 53-12-193 and the property were the only property held in the trust and as if the directors were the trustees of the trust. 53-12-184. Nothing in Code Sections 53-12-180 through 53-12-183 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any corporation. Part 2 53-12-190. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-192, the governing trust instrument of any trust which is a private foundation a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include provisions which prohibit the trustees of the trust from: (1) Engaging in any act of self-dealing, as defined in Section 4941(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4941 of the federal Internal Revenue Code; (2) Retaining any excess business holdings, as defined in Section 4943(c) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4943 of the federal Internal Revenue Code; (3) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the federal Internal Revenue Code, so as to give rise to any liability for the tax imposed by Section 4944 of the federal Internal Revenue Code; and TUESDAY, FEBRUARY 16, 2010 633 (4) Making any taxable expenditures, as defined in Section 4945(d) of the federal Internal Revenue Code, which would give rise to any liability for the tax imposed by Section 4945 of the federal Internal Revenue Code; provided, however, that in the case of a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, paragraphs (1) through (4) of this Code section shall apply only to the extent required by Section 4947 of the federal Internal Revenue Code. 53-12-191. Notwithstanding any provision therein to the contrary and except as provided in Code Section 53-12-192, the governing trust instrument of any trust which is a private foundation or which is a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, shall be amended automatically as of the later of the inception of the trust or January 1, 1972, to include a provision which requires the trustees to distribute, for the purposes specified in the governing trust instrument, for each taxable year, amounts at least sufficient to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code. 53-12-192. The trustees of any trust which is a private foundation, a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, or a split-interest trust, as defined in Section 4947(a)(2) of the federal Internal Revenue Code, may, without judicial proceedings, amend the governing trust instrument of the trust expressly to exclude the application of Code Section 53-12-190 or 53-12-191, or both, by executing a written amendment to the trust and filing a duplicate original of the amendment with the Attorney General of this state, whereupon the Code section or Code sections, as the case may be, shall not apply to the trust. 53-12-193. (a) With respect to any trust which is a private foundation or a charitable trust, as defined in Section 4947(a)(1) of the federal Internal Revenue Code, the governing trust instrument of which permits distributions to the extent of the net income of the trust each year but does not permit distributions from trust principal, the trustees of the trust may elect, without judicial proceedings and notwithstanding any provision to the contrary contained in the governing trust instrument of the trust, to distribute in any year, for the purposes specified in the governing trust instrument, that amount from the principal of the trust which, when added to the income of the trust available for distribution during such year, will enable the trust to avoid any liability for the tax imposed by Section 4942 of the federal Internal Revenue Code by filing a written election, which may be a continuing one, with the Attorney General of this state to have this Code section and Code Section 53-12-183 apply to the trust. A distribution from trust principal pursuant to the election shall only be in the form of cash or securities which are either listed or admitted to unlisted trading privileges upon any stock 634 JOURNAL OF THE HOUSE exchange or are quoted regularly in any newspaper having a general circulation in this state. (b) Any election made under subsection (a) of this Code section may be revoked at any time by filing written notice of revocation with the Attorney General of this state. 53-12-194. Nothing contained in Code Sections 53-12-190 through 53-12-193 shall cause or be construed to cause a forfeiture or reversion of any of the property of a trust which is subject to such Code sections or to make the purposes of such trust impossible of accomplishment. 53-12-195. Nothing in Code Sections 53-12-190 through 53-12-193 shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust. ARTICLE 11 Part 1 53-12-200. A trustee shall have legal capacity under Georgia law to acquire, hold, and transfer title to property. An individual shall be eligible to serve as a trustee regardless of citizenship or residency. If the trustee is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia. 53-12-201. (a) A settlor may appoint trustees or grant that power to others, including trust beneficiaries. (b) A trust shall never fail for want of a trustee. (c) If the trust instrument names a person to fill a vacancy or provides a method of appointing a trustee, any vacancy shall be filled or appointment made as provided in the trust instrument. (d) If all the qualified beneficiaries are sui juris, or if some of the qualified beneficiaries are not sui juris but all have a guardian or conservator, the qualified beneficiaries may appoint a trustee by unanimous consent. For purposes of this paragraph a parent may represent and bind such parent's minor or unborn child if a conservator or guardian for the child has not been appointed and there is no conflict of interest between the parent and the child with respect to the appointment of a trustee. (e) In all other cases, the court, on petition of an interested person, may appoint any number of trustees consistent with the intention of the settlor and the interests of the beneficiaries. (f) The petition provided for in subsection (e) of this Code section shall be served upon all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each beneficiary who is not sui juris and who has no guardian or TUESDAY, FEBRUARY 16, 2010 635 conservator, and service of notice of the petition shall be made on such guardian ad litem. (g) A trustee appointed as a successor trustee shall have all the authority of the original trustee. 53-12-202. (a) The acceptance of a trust shall be necessary to constitute a person as trustee. Acceptance may be effected by acts as well as words. After acceptance, the trustee shall not decline the trusteeship. (b) Except as otherwise provided in subsection (c) of this Code section, a person designated as trustee accepts the trusteeship: (1) By substantially complying with a method of acceptance provided in the trust instrument; or (2) If the trust instrument does not provide a method or the method provided in the trust instrument is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship. (c) A person designated as trustee, without accepting the trusteeship, may act to preserve the trust property if, as soon as practicable, the person rejects or declines the trusteeship. 53-12-203. (a) A trustee shall not be required to give a bond to secure performance of the trustee's duties unless: (1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of beneficiaries or creditors of the trust, even though the trust instrument waives the requirement of a bond. (b) Even though a bond has been required pursuant to subsection (a) of this Code section or the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties. (c) The cost of any bond shall be charged against the trust. (d) If a bond is required, the bond shall be: (1) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of interested persons as their interests may appear; (3) Conditioned upon the faithful discharge of the trustee's duties; and (4) If imposed by the court, in an amount and with sureties and liabilities as required by the court. (e) Notwithstanding any other law to the contrary: 636 JOURNAL OF THE HOUSE (1) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to serve as a trustee under any trust created under or governed by the laws of this state shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statement filed with the Comptroller of the Currency of the United States or the commissioner of banking and finance; and (2) In every case in which the trustee of any trust is required to give bond for the faithful performance of the trustee's duties in such fiduciary capacity, the bond shall be in a value equal to double the value of the trust estate; provided, however, that the trustee may give bond in an amount equal to the value of the trust estate if the bond is secured by a licensed commercial surety authorized to transact business in this state. For purposes of this paragraph, the term 'trust estate' shall exclude real property and improvements thereon held by the trustee in a fiduciary capacity; provided, however, that upon the conversion of any such real property into personalty, the trustee shall give a new bond including the value of the personalty into which the real property has been converted. (f) The trustee and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. No prior judgment establishing the liability of the trustee shall be necessary before an action is brought against the sureties on the bond. (g) When a judgment has been obtained against the principal and surety or sureties on the bond of a trustee, a levy may be made upon any property of any defendant in fi. fa. (h) A court of competent jurisdiction shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety on the bond of a trustee and shall be further authorized to grant judgment and execution in favor of the surety against the principal upon payment of the judgment by the surety. (i) Failure to comply with this Code section shall not make void or voidable or otherwise affect an act or transaction of a trustee with any third party. 53-12-204. The authority of cotrustees to act on behalf of the trust shall be as follows: (1) A power vested in two or more trustees shall only be exercised by their unanimous action; provided, however, that a cotrustee may delegate to one or more other cotrustees the performance of ministerial acts; (2) If a vacancy occurs in the office of a cotrustee, the remaining cotrustee or cotrustees may act unless or until the vacancy is filled; and (3) While a cotrustee is unable to act because of inaccessibility, illness, or other temporary incapacity, the remaining cotrustee or cotrustees may act as if they were the only trustees when necessary to accomplish the purposes of the trust. TUESDAY, FEBRUARY 16, 2010 637 Part 2 53-12-210. (a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement between the trustee and the settlor. After the settlor's death or incapacity or while the trust is irrevocable, the trust instrument or the agreement relating to the trustee's compensation may be modified as follows: (1) If all the qualified beneficiaries are sui juris, or if some of the qualified beneficiaries are not sui juris but all of them have a guardian or conservator, the trustee and the sui juris qualified beneficiaries and the guardians or conservators of qualified beneficiaries who are not sui juris may by unanimous consent modify the trust instrument or agreement relating to the trustee's compensation without receiving the approval of any court; and (2) If one or more of the qualified beneficiaries who are not sui juris have no guardian or conservator, and all of the other qualified beneficiaries, including the guardians or conservators of qualified beneficiaries who are not sui juris, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a beneficiary who is not sui juris or the trustee shall petition the court to approve a modification of the trust instrument or agreement relating to the trustee's compensation. The court shall appoint a guardian ad litem for each beneficiary who is not sui juris and who does not have a guardian or conservator, and service of notice of the petition for modification of the trustee's compensation shall be made on each such guardian ad litem. The court shall hold a hearing and shall either allow or deny the modification that is requested in the petition. (b) If there is no provision for trustee compensation in the trust instrument and there is no separate written agreement between the trustee and the settlor relating to the trustee's compensation, a separate written agreement relating to the trustee's compensation may be entered into between the trustee and the qualified beneficiaries as follows: (1) If all the qualified beneficiaries are sui juris or if some of the qualified beneficiaries are not sui juris but all of them have a guardian or conservator, the trustee and the sui juris qualified beneficiaries and the guardians or conservators of beneficiaries who are not sui juris may by unanimous consent enter into an agreement relating to the trustee's compensation without receiving the approval of any court; or (2) If one or more of the qualified beneficiaries who are not sui juris have no guardian or conservator, and all of the other qualified beneficiaries, including the guardians or conservators of qualified beneficiaries who are not sui juris, and the trustee are in agreement, any sui juris qualified beneficiary or the guardian or conservator of a beneficiary who is not sui juris or the trustee shall petition the court to approve an agreement relating to the trustee's compensation. The court shall appoint a guardian ad litem for each beneficiary who is not sui juris and who does not have a guardian or conservator, and service of notice of the petition for approval of the agreement shall be made on each such guardian ad litem. The court shall hold a hearing and shall either allow or deny the agreement that is requested in the petition. 638 JOURNAL OF THE HOUSE (c) In cases other than those described in subsections (a) and (b) of this Code section, the trustee shall be entitled to compensation as follows: (1) With respect to a corporate trustee, its published fee schedule, provided such fees are reasonable under the circumstances; and (2) With respect to an individual trustee: (A) One percent of cash and the fair market value of any other principal asset received upon the initial funding of the trust and at such time as additional principal assets are received; and (B) An annual fee calculated in accordance with the following schedule based upon the cash and the market value of the other principal assets valued as of the last day of the trust accounting year prorated based on the length of service by the trustee during that year. Percentage Fee Market Value 1.75 percent / year on the first ...................................................... $ 500,000.00 1.25 percent / year on the next...................................................... $ 500,000.00 1.00 percent / year on the next...................................................... $ 1,000,000.00 0.85 percent / year on the next...................................................... $ 3,000,000.00 0.50 percent / year on values over ................................................ $ 5,000,000.00 53-12-211. Unless any separate written agreement provides otherwise: (1) Each cotrustee shall be compensated as specified by the terms of the trust as each trustee may have agreed or in accordance with a published fee schedule, and such compensation among cotrustees shall not be apportioned unless they shall agree otherwise; and (2) The annual fee paid pursuant to subparagraph (c)(2)(B) of Code Section 53-12210 shall be apportioned among trustees and successor trustees according to the proportion of time each rendered services during the year. 53-12-212. (a) A trustee who is receiving compensation as described in subsection (c) of Code Section 53-12-210 may petition the court for compensation that is greater than the compensation allowed under that subsection. Service of notice of the petition for extra compensation shall be made on all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each qualified beneficiary who is not sui juris and who does not have a guardian or conservator, and service of notice of the petition for modification of the trustee's compensation shall be made on each such guardian ad litem. (b) After hearing any objection, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest. TUESDAY, FEBRUARY 16, 2010 639 53-12-213. A trustee shall be entitled to be reimbursed out of the trust property for reasonable expenses that were properly incurred in the administration of the trust. 53-12-214. (a) Any trustee may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise, provided that: (1) The services provided by the trustee to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the trustee is paid pursuant to a contract executed by the trustee and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the trustee and are not related to the trustee and provided, further, that the contract is approved by the court. (b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 53-12-212; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate. (c) Nothing in this Code section shall prohibit the receipt by trustees of normal commissions and compensation for the usual services performed by trustees pursuant to law or pursuant to any fee agreement executed by the settlor. (d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 53-12-212. Part 3 53-12-220. (a) A trustee may resign: (1) In the manner and under the circumstances described in the trust instrument; (2) Upon petition to the court showing that all of the qualified beneficiaries are sui juris or that all of the qualified beneficiaries who are not sui juris have guardians or conservators and that all the qualified beneficiaries or their guardians or conservators have agreed in writing to the resignation; or (3) If all the sui juris qualified beneficiaries and their guardians or conservators are not in agreement, or if one or more of the qualified beneficiaries is not sui juris and 640 JOURNAL OF THE HOUSE has no guardian or conservator, upon petition to the court showing to the satisfaction of the court that: (A) The trustee is unable to continue serving as trustee due to age, illness, infirmity, or similar reason; (B) Greater burdens have devolved upon the office of trustee than those which were originally contemplated or should have been contemplated when the trust was accepted, and the assumption of the additional burdens would work a hardship upon the trustee; (C) Disagreement exists between one or more of the beneficiaries of the trust and the trustee with respect to the trustee's management of the trust, which disagreement and conflict appear detrimental to the best interests of the trust; (D) The resignation of the trustee will result in or permit substantial financial benefit to the trust; (E) The resigning trustee is one of two or more acting trustees, and the cotrustee or cotrustees will continue in office with no detriment to the trust contemplated; or (F) The resignation would not be disadvantageous to the trust. (b) The petition to the court provided for in paragraph (3) of subsection (a) of this Code section shall be served upon all qualified beneficiaries or their guardians or conservators. The court shall appoint a guardian ad litem for each beneficiary who is not sui juris and who does not have a guardian or conservator, and service of notice of the petition for resignation shall be made on each such guardian ad litem. (c) The resignation of a trustee shall not relieve the trustee from liability for any actions prior to the resignation except to the extent the trustee is relieved by the court in the appropriate proceeding or to the extent relieved by the trust instrument. (d) If the resignation would create a vacancy required to be filled, then the trustee's resignation shall not be effective until the successor trustee accepts the trust. 53-12-221. (a) A trustee may be removed: (1) In accordance with the provisions of the trust instrument; or (2) Upon petition to the court by any interested person showing good cause. (b) In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended. ARTICLE 12 53-12-230. (a) At any time following 12 months from the date of acceptance of a trust, but not more frequently than once every 12 months, a trustee may petition the court to approve TUESDAY, FEBRUARY 16, 2010 641 an interim accounting relieving the trustee from liability for the period covered by the interim accounting. (b) The petition shall set forth: (1) The name and address of the trustee; (2) Any provisions of the trust relating to matters that will be covered by the interim accounting; (3) The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem; (4) The period which the accounting covers; (5) A statement of receipts and disbursements of the trust that have occurred since the trustee's acceptance of the trust or since the effective date of the last accounting; (6) In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the settlor and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (7) In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested; (8) A statement of the assets and liabilities of the trust as of the end of the accounting period; and (9) Other information reasonably necessary to explain or understand the accounting. (c) The petition shall be served on the beneficiaries of the trust and the surety on the trustee's bond, if any. (d) Upon review of the petition and after considering any objections thereto and any evidence presented, the court may approve the trustee's interim accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties. (e) Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court. 53-12-231. (a) If the trustee resigns, is removed, or dies or upon the termination of the trust, a beneficiary or the successor trustee may petition the court to require the trustee or the trustee's personal representative to appear before the court for a final accounting. 642 JOURNAL OF THE HOUSE Alternatively, the trustee or the trustee's personal representative may petition the court to approve a final accounting relieving the trustee from liability for the period covered by the final accounting. The settlement period shall begin from the acceptance of the trusteeship by the trustee or the end of the period covered by the last interim accounting. (b) The petition shall set forth: (1) The name and address of the trustee; (2) The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem; (3) The period which the accounting covers; and (4) If the petition is filed by the trustee or the trustee's personal representative, the petition shall also include the information required to be filed by trustees in conjunction with the approval of an interim accounting as set forth in subsection (b) of Code Section 53-12-230. (c) The petition shall be served on the beneficiaries, the trustee, the trustee's personal representative, if any, and the surety on the trustee's bond, if any. (d) Upon review of the trustee's final accounting and after considering any objections thereto and any evidence presented, the court may approve the final accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties. (e) Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court. 53-12-232. Nothing in this article shall restrict the right of any party to seek an equitable accounting. ARTICLE 13 Part 1 53-12-240. (a) The duties contained in this part are in addition to and not in limitation of the common law duties of the trustee, except to the extent inconsistent therewith. (b) Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its provisions and purposes. 53-12-241. In administering a trust, the trustee shall exercise the judgment and care of a prudent person acting in a like capacity and familiar with such matters, considering the purposes, provisions, distribution requirements, and other circumstances of the trust. TUESDAY, FEBRUARY 16, 2010 643 53-12-242. (a) Within 60 days after the date of creation of an irrevocable trust or of the date on which a revocable trust becomes irrevocable, the trustee shall notify the qualified beneficiaries of the trust of the existence of the trust and the name and mailing address of the trustee. In full satisfaction of this obligation, the trustee may deliver the notice to the guardian or conservator of any beneficiary who is not sui juris. (b) All irrevocable trusts in existence on the effective date of this part shall be deemed to have waived this provision unless the trust instrument says otherwise. 53-12-243. (a) On reasonable request by any qualified beneficiary or the guardian or conservator of a qualified beneficiary who is not sui juris, the trustee shall provide the qualified beneficiary with a report of information, to the extent relevant to that beneficiary's interest, about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of the trust, including the trust provisions that describe or affect such beneficiary's interest. (b)(1) A trustee shall account at least annually, at the termination of the trust, and upon a change of trustees to each qualified beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed currently, and to any person who may revoke the trust. At the termination of the trust, the trustee shall also account to each remainder beneficiary. Upon a change of trustees, the trustee shall also account to the successor trustee. In full satisfaction of this obligation, the trustee may deliver the accounting to the guardian or conservator of any qualified beneficiary who is not sui juris. (2) An accounting furnished to a qualified beneficiary pursuant to paragraph (1) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting to that beneficiary and a statement of the assets and liabilities of the trust as of the end of the accounting period. (c) A trustee shall not be required to report information or account to a qualified beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver. (d) Subsections (a) and (b) of this Code section shall not apply to the extent that the terms of the trust provide otherwise or the settlor of the trust directs otherwise in a writing delivered to the trustee. (e) Nothing in this Code section shall affect the power of a court to require or excuse an accounting. 53-12-244. A trustee shall distribute all net income derived from the trust at least annually. 644 JOURNAL OF THE HOUSE 53-12-245. A trustee shall not be under any duty to investigate the resources of any beneficiary when determining whether to distribute trust property to such beneficiary. 53-12-246. (a) A trustee shall administer the trust solely in the interests of the beneficiaries. (b) This Code section shall not preclude the following transactions, if fair to the beneficiaries: (1) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee; (2) Payment of reasonable compensation to the trustee; or (3) Performing and receiving reasonable compensation for performing services of a managerial, executive, or business advisory nature for a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise. 53-12-247. Except to the extent that the governing trust instrument clearly manifests an intention that the trustee shall or may favor one or more of the beneficiaries, a trustee shall administer a trust impartially based on what is fair and reasonable to all of the beneficiaries and with due regard to the respective interests of income beneficiaries and remainder beneficiaries. Part 2 53-12-260. Notwithstanding the breadth of discretion granted to a trustee in the trust instrument, including the use of such terms as 'absolute,' 'sole,' or 'uncontrolled,' the trustee shall exercise a discretionary power in good faith. 53-12-261. (a) As used in this Code section, the term 'fiduciary' means the one or more personal representatives of the estate of a decedent or the one or more trustees of a testamentary or inter vivos trust, whichever in a particular case is appropriate. (b) A trustee of an express trust, without court authorization, shall be authorized: (1) To sell, exchange, grant options upon, partition, or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, at public or private sale or otherwise, with or without warranties or representations, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust. The party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received; TUESDAY, FEBRUARY 16, 2010 645 (2) To invest and reinvest in any property which the fiduciary deems advisable, including, but not limited to, common or preferred stocks, bonds, debentures, notes, mortgages, or other securities, in or outside the United States; insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest or in annuity contracts for any beneficiary; any real or personal property; investment trusts, including the securities of or other interests in any open-end or closed-end management investment company or investment trust registered under the federal Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; and participations in common trust funds; (3) To the extent and upon such terms and conditions and for such periods of time as the fiduciary shall deem necessary or advisable, to continue or participate in the operation of any business or other enterprise, whatever its form or organization, including, but not limited to, the power: (A) To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; (B) To dispose of any interest therein or acquire the interest of others therein; (C) To contribute or invest additional capital thereto or to lend money thereto in any such case upon such terms and conditions as the fiduciary shall approve from time to time; and (D) To determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the trust set aside for use in the business or to the trust as a whole. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it shall not be necessary to itemize receipts, disbursements, and distributions of property; but it shall be sufficient for the fiduciary to show in the account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments made to the business in lump sum without itemization; (4) To form a corporation or other entity and to transfer, assign, and convey to the corporation or entity all or any part of the trust property in exchange for the stock, securities, or obligations of or other interests in any such corporation or entity and to continue to hold the stock, securities, obligations, and interests; (5) To continue any farming operation and to do any and all things deemed advisable by the fiduciary in the management and maintenance of the farm and the production and marketing of crops and dairy, poultry, livestock, orchard, and forest products, including, but not limited to, the power: (A) To operate the farm with hired labor, tenants, or sharecroppers; (B) To lease or rent the farm for cash or for a share of the crops; (C) To purchase or otherwise acquire farm machinery, equipment, and livestock; (D) To construct, repair, and improve farm buildings of all kinds needed, in the fiduciary's judgment, for the operation of the farm; (E) To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes, such as for production, harvesting, or marketing; or for the 646 JOURNAL OF THE HOUSE construction, repair, or improvement of farm buildings; or for the purchase of farm machinery, equipment, or livestock; (F) To employ approved soil conservation practices, in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) To protect, manage, and improve the timber and forest on the farm and to sell the timber and forest products when it is to the best interest of the trust; (H) To ditch, dam, and drain damp or wet fields and areas of the farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy products and to construct such fences and buildings and to plant pastures and crops as may be necessary to carry on such operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming operation; (6) To manage real property: (A) To improve, manage, protect, and subdivide any real property; (B) To dedicate, or withdraw from dedication, parks, streets, highways, or alleys; (C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this paragraph for the periods of time and upon the terms and conditions as to rates, maturities, and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber the property or part thereof, whether in possession or reversion; (E) To lease the property or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the trust; (F) To make gravel, sand, oil, gas, and other mineral leases, contracts, licenses, conveyances, or grants of every nature and kind which are lawful in the jurisdiction in which the property lies; (G) To manage and improve timber and forests on the property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; (H) To modify, renew, or extend leases; (I) To employ agents to rent and collect rents; (J) To create easements and to release, convey, or assign any right, title, or interest with respect to any easement on the property or part thereof; (K) To erect, repair, or renovate any building or other improvement on the property and to remove or demolish any building or other improvement in whole or in part; and (L) To deal with the property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with the property either in the same or in different ways from those specified elsewhere in this paragraph; (7) To lease personal property of the trust or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew TUESDAY, FEBRUARY 16, 2010 647 or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the trust; (8)(A) To pay debts, taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration, and protection of the trust; and (B) To pay from the trust all charges that the fiduciary deems necessary or appropriate to comply with laws regulating environmental conditions and to remedy or ameliorate any such conditions which the fiduciary determines adversely affect the trust or otherwise are liabilities of the trust and to apportion all such charges among the several bequests and trusts and the interests of the beneficiaries in such manner as the fiduciary deems fair, prudent, and equitable under the circumstances; (9) To receive additional property from any source and to administer the additional property as a portion of the appropriate trust under the management of the fiduciary, provided that the fiduciary shall not be required to receive the property without the fiduciary's consent; (10) In dealing with one or more fiduciaries of the estate or any trust created by the decedent or the settlor or any spouse or child of the decedent or settlor and irrespective of whether the fiduciary is a personal representative or trustee of such other estate or trust: (A) To sell real or personal property of the estate or trust to such fiduciary or to exchange such property with such fiduciary upon such terms and conditions as to sale price, terms of payment, and security as shall seem advisable to the fiduciary; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and (B) To borrow money from the estate or trust for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as the fiduciary shall deem advisable for the purpose of paying debts of the decedent or settlor, taxes, the costs of the administration of the estate or trust, and like charges against the estate or trust or any part thereof or of discharging any other liabilities of the estate or trust and to mortgage, pledge, or otherwise encumber such portion of the estate or trust as may be required to secure the loan and to renew existing loans; (11) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the purpose of paying debts, taxes, or other charges against the trust or any part thereof and to mortgage, pledge, or otherwise encumber such portion of the trust as may be required to secure the loan and to renew existing loans either as maker or endorser; (12) To make loans or advances for the benefit or the protection of the trust; (13) To vote shares of stock or other ownership interests owned by the trust, in person or by proxy, with or without power of substitution; (14) To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship, so that title to the security may pass by delivery; but the fiduciary shall be liable for any act of the nominee in connection with the security so held; 648 JOURNAL OF THE HOUSE (15) To exercise all options, rights, and privileges to convert stocks, bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold the stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the trust so long as the fiduciary shall deem advisable; (16) To unite with other owners of property similar to any which may be held at any time in the trust, in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property or the incorporation or reincorporation, reorganization, or readjustment of the capital or financial structure of any corporation, company, or association the securities of which may form any portion of an estate or trust; to become and serve as a member of a shareholders' or bondholders' protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the beneficiaries of any trust with reference to any such plan; and to receive as investments of the trust any securities issued as a result of the execution of such plan; (17) To adjust the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of the trust; (18) To continue any obligation, whether secured or unsecured, upon and after maturity, with or without renewal or extension, upon such terms as the fiduciary shall deem advisable, without regard to the value of the security, if any, at the time of the continuance; (19) To foreclose, as an incident to the collection of any bond, note, or other obligation, any deed to secure debt or any mortgage, deed of trust, or other lien securing the bond, note, or other obligation and to bid in the property at the foreclosure sale or to acquire the property by deed from the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure; (20) To carry such insurance coverage as the fiduciary shall deem advisable; (21) To collect, receive, and issue receipts for rents, issues, profits, and income of the trust; (22)(A) To compromise, adjust, mediate, arbitrate, or otherwise deal with and settle claims involving the trust or the trustee; (B) To compromise, adjust, mediate, arbitrate, bring or defend actions on, abandon, or otherwise deal with and settle claims in favor of or against the trust as the fiduciary shall deem advisable; the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries of the trust and the person against or for whom the claim is asserted, in the absence of fraud by such persons and, in the absence of fraud, bad faith, or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries of the trust; and (C) To compromise all debts, the collection of which are doubtful, belonging to the trust when such settlements will advance the interests of those represented; TUESDAY, FEBRUARY 16, 2010 649 (23) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the administration of any trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of the agent or representative, provided such person was selected and retained with due care on the part of the fiduciary; (24) To acquire, receive, hold, and retain undivided the principal of several trusts created by a single trust instrument until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account for the several shares or parts of shares by appropriate entries in the fiduciary's books of account and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that this paragraph shall not defer the vesting in possession of any share or part of share of the trust; (25) To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received; (26) To value assets of the trust and to distribute them in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, as the fiduciary finds to be most practical and in the best interest of the distributees, the fiduciary being able to distribute types of assets differently among the distributees; (27) To transfer money or other property distributable to a beneficiary who is under age 21, an adult for whom a guardian or conservator has been appointed, or an adult who the fiduciary reasonably believes is incapacitated by distributing such money or property directly to the beneficiary or applying it for the beneficiary's benefit, or by: (A) Distributing it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian; (B) Distributing it to the beneficiary's custodian under 'The Georgia Transfers to Minors Act' or similar state law and, for that purpose, creating a custodianship and designating a custodian; (C) Distributing it to the beneficiary's custodial trustee under the Uniform Custodial Trust Act as enacted in another state and, for that purpose, creating a custodial trust; or (D) Distributing it to any other person, whether or not appointed guardian or conservator by any court, who shall, in fact, have the care and custody of the person of the beneficiary; The fiduciary shall not be under any duty to see to the application of the distributions so made if the fiduciary exercised due care in the selection of the person, including the beneficiary, to whom the payments were made; and the receipt of the person shall be full acquittance to the fiduciary; 650 JOURNAL OF THE HOUSE (28) To make, modify, and execute contracts and other instruments, under seal or otherwise, as the fiduciary deems advisable; and (29) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but, in addition to any rights the beneficiaries may have under subsection (b) of Code Section 53-12-243, the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. 53-12-262. A corporate fiduciary, without authorization by the court, may exercise the power: (1) To retain stock or other securities of its own issue received on the creation of the trust or later contributed to the trust, including the securities into which the securities originally received or contributed may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures. The corporate fiduciary may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. The authority described in this paragraph shall: (A) Apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; (B) Apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary; (C) Have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations, including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identical or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and (D) Apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary; and (2) To borrow money from its own banking department for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the purpose of paying debts, taxes, or other charges against the estate or any trust or any part thereof, and to mortgage, pledge, or otherwise encumber such portion of the estate or any trust as may be required to secure the loan or loans; and to renew existing loans either as maker or endorser. TUESDAY, FEBRUARY 16, 2010 651 53-12-263. (a) By an expressed intention of the testator or settlor contained in a will or in a trust instrument in writing whereby an express trust is created, any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the signing of the will by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the trust instrument. (b) At any time after the execution of a revocable trust, the settlor or anyone who is authorized by the trust instrument to modify the trust may incorporate any or all of the powers or any portion thereof enumerated in this article, as they exist at the time of the incorporation. (c) Incorporation of one or more of the powers contained in this article, by reference to the appropriate portion of Code Section 53-12-261, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary. (d)(1) A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); or former Code Section 53-12-40 or 53-12-232 which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signs the trust instrument shall be effective notwithstanding the subsequent repeal of such statute. (2) A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-12-40 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232. (e) If any or all of the powers contained in this article are incorporated by reference into a will by a testator: (1) The term 'trust' includes the estate held by the personal representative; (2) The term 'trustee' or 'fiduciary' includes the personal representative; and (3) The term 'beneficiaries of the trust' includes distributees of the estate. 53-12-264. The qualified beneficiaries of a trust that omits any of the powers in Code Section 5312-261 may by unanimous consent authorize but not require the court to grant to the trustee those powers. With respect to any qualified beneficiary who is not sui juris, such consent may be given by the duly appointed conservator, if any, or if none, by the duly appointed guardian, if any, or if none, by either parent in the case of a minor, or if none, by a guardian ad litem appointed to represent the qualified beneficiary who is not sui juris. 652 JOURNAL OF THE HOUSE Part 3 53-12-270. (a) Subject to subsection (c) of this Code section, and unless the trust provisions expressly indicate that a rule in this subsection shall not apply: (1) A person other than a settlor who is a beneficiary and trustee of a trust that confers on such trustee a power to make discretionary distributions to or for such trustee's personal benefit may exercise such power only in accordance with an ascertainable standard; and (2) A trustee shall not exercise a power to make discretionary distributions to satisfy a legal obligation of support that such trustee personally owes another person. (b) A power whose exercise is limited or prohibited by subsection (a) of this Code section may be exercised by a majority of the remaining trustees whose exercise of such power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power. (c) Subsection (a) of this Code section shall not apply to: (1) A power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Section 2056(b)(5) or 2523(e) of the federal Internal Revenue Code of 1986, was previously allowed; (2) Any trust during any period that the trust may be revoked or amended by its settlor; or (3) A trust if contributions to such trust qualify for the annual exclusion under Section 2503(c) of the federal Internal Revenue Code of 1986. Part 4 53-12-280. (a) The trustee may present a certification of trust to any person other than a beneficiary in lieu of providing a copy of the trust instrument to establish the existence of the trust provisions. (b) The certification of trust as provided for in subsection (a) of this Code section shall contain some or all of the following information: (1) That the trust exists and the date of the trust and any amendments; (2) The identity of each settlor; (3) The identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee; (4) The relevant powers of the trustee and any restrictions or limitations on those powers; (5) The revocability or irrevocability of the trust; (6) How trust property should be titled; (7) Except as specifically disclosed in the certification, that the transaction at issue requires no consent or action by any person other than the certifying trustee; and TUESDAY, FEBRUARY 16, 2010 653 (8) Such other information as the trustee deems appropriate. (c) A certification of trust: (1) Shall be signed by each trustee; (2) Shall state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect; and (3) Need not contain the dispositive provisions of the trust. (d) The recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and any amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction. (e) A person who acts in reliance upon the certification of trust without knowledge that any information therein is incorrect shall not be liable to any person for so acting and may assume without inquiry that the information is correct. (f) A person who in good faith enters into a transaction in reliance upon the certification of trust may enforce the transaction as if the information in the certification were correct. (g) A person making a demand for the trust instrument in addition to a certification of trust or excerpts shall be liable for damages, including court costs and attorney's fees, if the court determines that such demand was not made in good faith. (h) This Code section shall not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. (i) A certification of trust in recordable form may be recorded in the office of the clerk of superior court. Part 5 53-12-290. Whenever a bank or trust company is duly authorized to act and is acting as a fiduciary, which term shall include an executor, administrator, trustee, guardian, or conservator, and has a nominee in whose name securities, including, without limitation, bonds, stocks, notes, and other evidences of title to intangible personal property, held as a fiduciary, may be registered, it shall be lawful to register securities in the name of the nominee without mention of the fiduciary relationship in the trust instrument evidencing the securities or on the books of the issuer of the same, provided that: (1) The records of the corporate fiduciary shall at all times clearly show that the securities are held by the corporate fiduciary in its capacity as fiduciary, together with the beneficial owner or owners thereof and all facts relating to its ownership, possession, and holding thereof; and (2) The corporate fiduciary shall not be relieved of liability for the safe custody, control, and proper distribution of the securities by reason of the registration of same in the name of any nominee. 654 JOURNAL OF THE HOUSE 53-12-291. If two or more fiduciaries are acting jointly in reference to any securities, it shall be lawful to register the property in the name of any nominee or any joint corporate fiduciary. In the event that more than one corporate fiduciary is acting, it shall be lawful to register securities in the name of any nominee of any one of the corporate fiduciaries. 53-12-292. (a) Any fiduciary holding securities in its fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary shall be authorized to deposit or arrange for the deposit of the securities in a clearing corporation, as defined in Article 8 of Title 11. When the securities are deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk, in the name of the nominee of the clearing corporation, with any other such securities deposited in the clearing corporation by any person, regardless of the ownership of the securities, and certificates of small denominations may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent, or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are deposited. Title to the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. (b) A bank or trust company depositing securities pursuant to this Code section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking and finance and, in the case of national banking associations, the comptroller of the currency may from time to time issue. (c) A bank or trust company acting as custodian for a fiduciary, on demand by the fiduciary, shall certify in writing to the fiduciary the securities deposited by the bank or trust company in the clearing corporation for the account of the fiduciary. A fiduciary, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for the party, shall certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as the fiduciary. (d) This Code section shall apply to any fiduciary holding securities in its fiduciary capacity and to any bank or trust company holding securities as a custodian, managing agent, or custodian for a fiduciary acting on April 13, 1973, or acting thereafter, regardless of the date of the agreement, instrument, or court order by which it is appointed and regardless of whether or not the fiduciary, custodian, managing agent, or custodian for a fiduciary owns capital stock of the clearing corporation. ARTICLE 14 TUESDAY, FEBRUARY 16, 2010 655 53-12-300. The trustee shall be accountable to the beneficiary for the trust property. A violation by the trustee of any duty that the trustee owes the beneficiary shall be a breach of trust. 53-12-301. (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action to seek: (1) To recover damages; (2) To compel the trustee to perform the trustee's duties; (3) To require an accounting; (4) To enjoin the trustee from committing a breach of trust; (5) To compel the trustee to redress a breach of trust by payment of money or otherwise; (6) To appoint a temporary trustee to take possession of the trust property and administer the trust or to suspend a trustee with or without the appointment of a temporary trustee; (7) To remove the trustee; and (8) To reduce or deny compensation of the trustee. (b) When trust assets are misapplied and can be traced in the hands of persons affected with notice of the misapplication, the trust shall attach to such assets. A creditor of a trust may follow assets in the hands of beneficiaries even if they were received without notice. (c) The remedy set forth in subsection (c) of Code Section 53-12-363 shall be the exclusive remedy for an abuse of discretion as provided in Code Sections 53-12-361 and 53-12-362. (d) The provision of remedies for breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-302. (a) A trustee who commits a breach of trust shall be personally chargeable with any damages resulting from such breach of trust, including, but not limited to: (1) Any loss or depreciation in value of the trust property as a result of such breach of trust, with interest; (2) Any profit made by the trustee through such breach of trust, with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust, with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred in bringing an action on such breach or threat to commit such breach. (b) If the trustee is liable for interest, then the amount of the liability for interest shall be the greater of: (1) The amount of interest that accrues at the legal rate on judgments; or (2) The amount of interest actually received. 656 JOURNAL OF THE HOUSE 53-12-303. (a) No provision in a trust instrument shall be effective to relieve the trustee of liability for a breach of trust committed in bad faith or with reckless indifference to the interests of the beneficiaries. (b) A trustee of a revocable trust shall not be liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to direct the trustee is delegated. If the trust is revocable in part, then this subsection shall apply with respect to the interest of the beneficiary in that part of the trust property. (c) Whenever a trust reserves to the settlor or vests in an advisory or investment committee or in any other person, including a cotrustee, to the exclusion of one or more trustees, the authority to direct the making or retention of any investment, the excluded trustee shall be liable, if at all, only as a ministerial agent and not as trustee for any loss resulting from the making or retention or any investment pursuant to the authorized direction. 53-12-304. (a) A successor trustee shall be liable to the beneficiary for breach of trust involving acts or omissions of a predecessor trustee only if the successor trustee: (1) Knows or reasonably should have known of a situation constituting a breach of trust committed by the predecessor trustee, and the successor trustee improperly permits it to continue; (2) Neglects to take reasonable steps to compel the predecessor to deliver the trust property to the successor trustee; or (3) Neglects to take reasonable steps to redress a breach of trust committed by the predecessor trustee in a case where the successor trustee knows or reasonably should have known of the predecessor trustee's breach. (b) A trustee succeeding a trustee who was also the settlor shall not be liable to the beneficiary for any action taken or omitted to be taken by the prior trustee nor shall such successor trustee have a duty to institute any action against such prior trustee or to file any claim against such prior trustee's estate for any of the prior trustee's acts or omissions as trustee. This subsection shall apply only with respect to a trust or any portion of a trust that was revocable by the settlor during the time that the settlor served as trustee and committed the act or omission. 53-12-305. (a) A trustee shall be liable to the beneficiary for a breach committed by a cotrustee if such trustee: (1) Participates in a breach of trust committed by the cotrustee; (2) Improperly delegates the administration of the trust to the cotrustee; (3) Approves, knowingly acquiesces in, or conceals a breach of trust committed by the cotrustee; (4) Negligently enables the cotrustee to commit a breach of trust; or TUESDAY, FEBRUARY 16, 2010 657 (5) Neglects to take reasonable steps to compel the cotrustee to redress a breach of trust in a case where such trustee knows or reasonably should have known of the breach of trust. (b) If two or more cotrustees are jointly liable to the beneficiary, each cotrustee shall be entitled to contribution from the other, as determined by the degree of each cotrustee's fault. 53-12-306. (a) A trustee may maintain an action against a cotrustee to: (1) Compel the cotrustee to perform duties required under the trust; (2) Enjoin the cotrustee from committing a breach of trust; or (3) Compel the cotrustee to redress a breach of trust committed by such cotrustee. (b) The provision of remedies for a breach of trust shall not prevent resort to any other appropriate remedy provided by statute or common law. 53-12-307. (a) Unless a claim is previously barred by adjudication, consent, limitation, or otherwise, if a beneficiary has received a written report that adequately discloses the existence of a claim against the trustee for a breach of trust, the claim shall be barred as to that beneficiary unless a proceeding to assert the claim is commenced within two years after receipt of the report. A report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of such claim or reasonably should have inquired into the existence of such claim. If the beneficiary has not received a report which adequately discloses the existence of a claim against the trustee for a breach of trust, such claim shall be barred as to that beneficiary unless a proceeding to assert such claim is commenced within six years after the beneficiary discovered, or reasonably should have discovered, the subject of such claim. (b) A successor trustee's claim against a predecessor trustee shall be barred unless a proceeding to assert such claim is commenced within two years after such successor trustee takes office. (c) A trustee's claim against a cotrustee shall be barred unless a proceeding to assert such claim is commenced within two years after the date the cause of action against the cotrustee arises. 53-12-308. (a) A trustee shall not be personally liable on any warranty made in any conveyance unless the intention to create a personal liability is distinctly expressed. (b) Unless otherwise provided in the contract, a trustee shall not be personally liable on contracts properly entered into in the trustee's fiduciary capacity unless the trustee fails to reveal the trustee's representative capacity in the contract. (c) A judgment rendered in an action brought against the trust shall impose no personal liability on the trustee or the beneficiary. 658 JOURNAL OF THE HOUSE ARTICLE 15 53-12-320. (a) Any nonresident who is eligible to serve as a trustee under Code Section 53-12-201 may act as a trustee in this state pursuant to the terms of this Code section. (b) Any nonresident trustee who acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served. (c) If a nonresident trustee fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon such trustee by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State. The service shall be sufficient service upon such nonresident trustee, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to such trustee, in the state where such trustee resides, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him or her under this Code section. 53-12-321. (a) Any foreign entity may act in this state as trustee, executor, administrator, guardian, or any other like or similar fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, security deed, mortgage, deed of trust, court order, or otherwise without the necessity of complying with any law of this state relating to the qualification of foreign entities to do business in this state or the licensing of foreign entities to do business in this state, except as provided in this article, and notwithstanding any prohibition, limitation, or restriction contained in any other law of this state, provided only that: (1) The foreign entity is eligible to act as a fiduciary in this state under Code Section 7-1-242; and (2) The foreign entity is authorized to act in the fiduciary capacity in the state in which it is incorporated or organized or, if the foreign entity is a national banking association, in the state in which it has its principal place of business. (b) Any foreign entity seeking to exercise fiduciary powers in this state, upon qualifying in this state to act in any of such fiduciary capacities, shall not be required by law to give bond, if bond is relieved by the instrument, law, or court order in which such entity has been designated to act in such fiduciary capacity. TUESDAY, FEBRUARY 16, 2010 659 (c) Nothing in this article shall be construed to prohibit or make unlawful any activity in this state by a bank or other entity which is not incorporated or organized under the laws of this state or by a national bank which does not have its principal place of business in this state, which activity would be lawful in the absence of this article. 53-12-322. A foreign entity, insofar as it acts in a fiduciary capacity in this state pursuant to this article, shall not be required to obtain a certificate of authority to transact business in this state as required by Article 15 of Chapter 2 of Title 14; provided, however, that such foreign entity shall not establish or maintain in this state a place of business, branch office, or agency for the conduct in this state of business as a fiduciary. 53-12-323. (a) Prior to the time when any foreign entity acts pursuant to the authority of this article in any fiduciary capacity in this state, the foreign entity shall file with the Secretary of State a verified statement which shall state: (1) The correct name of the foreign entity; (2) The name of the state under the laws of which it is incorporated or organized or, if the foreign entity is a national banking association, a statement of that fact; (3) The address of its principal business office; (4) In what fiduciary capacity it desires to act in this state; (5) That it is authorized to act in a similar fiduciary capacity in the state in which it is incorporated or organized or, if it is a national banking association, in which it has its principal place of business and the basis on which it is eligible to act as a fiduciary in Georgia under Code Section 7-1-242; and (6) The name and address of a person who may be found and served with notice, summons, or process in this state and who is designated by the foreign entity as its agent for such service. (b) The statement provided for in subsection (a) of this Code section shall be verified by an officer of the foreign entity, and there shall be filed with it such certificates of public officials and copies of documents certified by public officials as may be necessary to show that the foreign entity is authorized to act in a fiduciary capacity similar to those in which it desires to act in this state, in the state in which it is incorporated or organized, or, if it is a national banking association, in which it has its principal place of business. (c) Any foreign entity that acts as a trustee in this state shall be deemed to have consented to service upon the Secretary of State of any summons, notice, or process in connection with any action or proceeding in the courts of this state growing out of or based upon any act or failure to act on the part of the trustee unless the trustee shall designate as the agent for such service some person who may be found and served with notice, summons, or process in this state by a designation to be filed, from time to time, in the office of the Secretary of State, giving the name of the agent and the place in this state where the agent may be found and served. 660 JOURNAL OF THE HOUSE (d) If a foreign entity fails to designate a person who may be found and served with summons, notice, or process in this state, service of summons, notice, or process shall be made upon such foreign entity by serving a copy of the petition or other pleading, with process attached thereto on the Secretary of State. The service shall be sufficient service upon such foreign entity, provided that notice of the service and a copy of the petition and process is forthwith sent by registered or certified mail or statutory overnight delivery by the plaintiff or the plaintiff's agent to such foreign entity at the address that is on file with the Secretary of State, and the return receipt is appended to the summons or other process and filed with the summons, petition, and other papers in the court where the action is pending. The Secretary of State shall charge and collect a fee as set out in Code Section 45-13-26 for service of process on him or her under this Code section. ARTICLE 16 Part 1 53-12-340. (a) In investing and managing trust property, a trustee shall exercise the judgment and care under the circumstances then prevailing of a prudent person acting in a like capacity and familiar with such matters, considering the purposes, provisions, and distribution requirements of the trust. (b) Among the factors that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries: (1) General economic conditions; (2) The possible effect of inflation or deflation; (3) Anticipated tax consequences; (4) The attributes of the portfolio, (5) The expected return from income and appreciation; (6) Needs for liquidity, regularity of income, and preservation or appreciation of capital; (7) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries or to the settlor; (8) The anticipated duration of the trust; and (9) Any special circumstances. (c) Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (d) A trustee who has special investment skills or expertise shall have a duty to use those special skills or expertise. A trustee who is named trustee in reliance upon such trustee's representation that such trustee has special investment skills or expertise shall be held liable for failure to make use of such degree of skill or expertise. TUESDAY, FEBRUARY 16, 2010 661 (e) A trustee may invest in any kind of property or type of investment consistent with the standards of this article. (f) A trustee that is a bank or trust company shall not be precluded from acquiring and retaining the securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. 53-12-341. A trustee shall reasonably manage the risk of concentrated holdings of assets in a trust by diversifying or by using other appropriate mechanisms, except as otherwise provided in this Code section, as follows: (1) The duty imposed by this Code section shall not apply if the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without complying with the duty; (2) The trustee shall not be liable for failing to comply with the duty imposed by this Code section to the extent that the terms of the trust instrument limit or waive the duty; and (3) Except as provided in this paragraph, the duty imposed by this Code section shall apply on or after January 1, 2011. With respect to any trust that is or becomes irrevocable before January 1, 2011, the duty imposed by this Code section shall not apply: (A) To the trust to the extent such trust instrument directs or permits the trustee to retain, invest, exchange, or reinvest assets without regard to any duty to diversify, without the need to diversify or create a diversity of investments, or without liability for either depreciation or failing to diversify, or contains other similar language expressing a settlor's intent to provide similar discretion to the trustee; or (B) Absent gross neglect, with respect to an asset that was transferred to the trustee of such trust by any settlor or gratuitous transferor. 53-12-342. Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, provisions, distributions requirements, and other circumstances of the trust and with the requirements of this article. 53-12-343. Compliance with the investment rules of this part shall be determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. 662 JOURNAL OF THE HOUSE 53-12-344. The following terminology or comparable language in the provisions of a trust, unless otherwise limited or modified, shall authorize any investment or strategy permitted under Article 16 and 17 of this chapter: 'investments permissible by law for investment of trust funds,' 'legal investments,' 'authorized investments,' 'using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital,' 'prudent man rule,' 'prudent trustee rule,' 'prudent person rule,' and 'prudent investor rule.' 53-12-345. (a) A trustee may delegate investment and management functions that a prudent trustee of comparable skills could properly delegate under the circumstances. The trustee shall exercise reasonable care, skill, and caution in: (1) Selecting an agent; (2) Establishing the scope and terms of the delegation consistent with the purposes and provisions of the trust; and (3) Reviewing periodically the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation. (b) In performing a delegation function, an agent shall owe a duty to the trust to exercise reasonable care to comply with the terms of the delegation. (c) A trustee who complies with the requirements of subsection (a) of this Code section, and who takes reasonable steps to compel an agent to whom the function was delegated to redress a breach of duty to the trust, shall not be liable to the beneficiaries of the trust or to the trust for the decisions or actions of the agent to whom the function was delegated. (d) By accepting the delegation of a trust function from the trustee of a trust that is subject to the laws of this state, an agent shall waive the defense of lack of personal jurisdiction and shall submit to the jurisdiction of this state. Part 2 53-12-360. In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of Article 17 of this chapter: (1) A trustee shall administer a trust in accordance with the governing trust instrument, even if there is a different provision in Article 17 of this chapter; (2) A trustee may administer a trust by the exercise of a discretionary power of administration regarding a matter within the scope of Article 17 of this chapter given to the trustee by the governing trust instrument, even if the exercise of the power produces a result different from a result required or permitted by Article 17 of this chapter. No inference that the trustee has improperly exercised the discretionary TUESDAY, FEBRUARY 16, 2010 663 power shall arise from the fact that the trustee has made an allocation contrary to a provision of Article 17 of this chapter; (3) A trustee shall administer a trust in accordance with Article 17 of this chapter if the governing trust instrument does not contain a different provision or does not give the trustee a discretionary power of administration regarding a matter within the scope of Article 17 of this chapter; and (4) A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing trust instrument and Article 17 of this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. 53-12-361. (a) Subject to subsections (c) and (f) of this Code section, a trustee may adjust between principal and income by allocating an amount of income to principal or an amount of principal to income to the extent the trustee considers appropriate if: (1) The governing trust instrument describes what may or shall be distributed to a beneficiary by referring to the trust's income; and (2) The trustee determines, after applying the rules in Code Section 53-12-360, that the trustee is unable to comply with Code Section 53-12-247. (b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this Code section, a trustee may consider, among other things: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of an adjustment; (6) The net amount allocated to income under this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (7) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor or testator; (8) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing trust instrument; (9) Whether and to what extent the governing trust instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (10) The intent of the settlor or testator; and (11) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (c) A trustee shall not make an adjustment under this Code section if: 664 JOURNAL OF THE HOUSE (1) The adjustment would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (2) The adjustment is from trust funds which are permanently set aside for charitable purposes under the governing trust instrument and for which a federal charitable, estate, or gift tax deduction has been taken, unless both income and principal are so set aside; (3) If: (A) Possessing or exercising the power to make an adjustment would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; (4) If: (A) Possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping tax with respect to the individual if the trustee did not possess the power to make an adjustment; (5) If the trustee is a beneficiary of the trust; or (6) If the trust has been converted under Code Section 53-12-362. (d) If paragraph (3), (4), or (5) of subsection (c) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee is prohibited by the governing trust instrument. (e)(1) If paragraph (2) of this subsection applies, a trustee may release: (A) The entire power conferred by subsection (a) of this Code section; (B) The power to adjust from income to principal; or (C) The power to adjust from principal to income. (2) A release under paragraph (1) of this subsection shall be permissible if: (A) The trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (1) through (6) of subsection (c) of this Code section; or (B) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) of this Code section. (3) The release may be permanent or for a specified period, including a period measured by the life of an individual. (f) A governing trust instrument which limits the power of a trustee to make an adjustment between principal and income shall not affect the application of this Code section unless it is clear from the governing trust instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a) of this Code section. TUESDAY, FEBRUARY 16, 2010 665 53-12-362. (a) Unless expressly prohibited by the trust instrument, a trustee may release the power to adjust under Code Section 53-12-361 and convert a trust into a unitrust as described in this Code section if: (1) The trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust; (2) The trustee gives written notice of the trustee's intention to release the power to adjust and to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions the trustee will make under this Code section, to: (A) The settlor, if living; (B) All living persons who are currently receiving or eligible to receive distributions of income of the trust; and (C) Without regard to the exercise of any power of appointment, all living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice and all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the interests of all of the beneficiaries currently eligible to receive income under subparagraph (B) of this paragraph were to terminate at the time of the giving of such notice. If a beneficiary is not sui juris, such notice shall be given to the beneficiary's conservator, if any, and if the beneficiary has no conservator, to the beneficiary's guardian, including, in the case of a minor beneficiary, the beneficiary's natural guardian; (3) At least one person receiving notice under each of subparagraphs (B) and (C) of paragraph (2) of this subsection is legally competent; and (4) No beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days of the mailing of the notice under paragraph (2) of this subsection. (b)(1) The trustee may petition the superior court to order the conversion to a unitrust. (2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the superior court to order the conversion. (3) The court shall order conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust. (c) In deciding whether to exercise the power to convert to a unitrust as provided by subsection (a) of this Code section, a trustee may consider, among other things: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of the conversion; 666 JOURNAL OF THE HOUSE (6) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; and the extent to which an asset is used by a beneficiary; (7) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing trust instrument; (8) Whether and to what extent the governing trust instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; and (9) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (d) After a trust is converted to a unitrust: (1) The trustee shall follow an investment policy seeking a total return for the investments held by the trust, whether the return is to be derived from: (A) Appreciation of capital; (B) Earnings and distributions from capital; or (C) Both appreciation of capital and earnings and distributions from capital; (2) The trustee shall make regular distributions in accordance with the governing trust instrument construed in accordance with the provisions of this Code section; (3) The term 'income' in the governing trust instrument shall mean an annual unitrust distribution equal to 4 percent of the net fair market value of the trust's assets or the payout percentage ordered under paragraph (1) of subsection (g) of this Code section, whether such assets would be considered income or principal under other provisions of Article 16 and 17 of this chapter, averaged over the lesser of: (A) The three preceding years; or (B) The period during which the trust has been in existence; (4) The trustee can determine the fair market value of the property in the trust by appraisal or other reasonable method or estimate; and (5) The fair market value of the trust property shall not include the value of any residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more of the current beneficiaries of the trust have or had the right to occupy or have had the right to possess or control, other than in his or her capacity as trustee of the trust, and instead the right of occupancy or the right to possession or control shall be deemed to be the unitrust amount with respect to such residential property. (e) The trustee may in the trustee's discretion from time to time determine: (1) The effective date of a conversion to a unitrust; (2) The provisions for prorating a unitrust distribution for a short year in which a beneficiary's right to payments commences or ceases; (3) The frequency of unitrust distributions during the year; (4) The effect of other payments from or contributions to the trust on the trust's valuation; TUESDAY, FEBRUARY 16, 2010 667 (5) Whether to value the trust's assets annually or more frequently; (6) What valuation dates to use; (7) How frequently to value nonliquid assets and whether to estimate their value; and (8) Any other matters necessary for the proper functioning of the unitrust. (f)(1) Expenses which would be deducted from income if the trust were not a unitrust shall not be deducted from the unitrust distribution. (2) The unitrust distribution shall be paid from net income, as such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short-term capital gains. To the extent income and net realized short-term capital gains are insufficient, the unitrust distribution shall be paid from net realized long-term capital gains. To the extent income and net realized short-term and long-term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust. (g) The trustee or, if the trustee declines to do so, a beneficiary may petition the superior court to: (1) Select a payout percentage different from 4 percent but not lower than 3 percent or higher than 5 percent; (2) Provide for a distribution of net income, as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit; (3) Average the valuation of the trust's net assets over a period other than three years; or (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code Section 53-12-361 shall be revived. (h) A conversion to a unitrust shall not affect a provision in the governing trust instrument directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw a portion or all of the principal. (i) A trustee shall not convert a trust into a unitrust: (1) If payment of the unitrust distribution would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (2) If the unitrust distribution would be made from trust funds which are permanently set aside for charitable purposes under the governing trust instrument and for which a federal charitable, estate, or gift tax deduction has been taken, unless both income and principal are so set aside; (3) If: (A) Possessing or exercising the power to convert would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to convert; or (4) If: (A) Possessing or exercising the power to convert would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and 668 JOURNAL OF THE HOUSE (B) The assets would not be subject to federal estate, gift, or generation-skipping transfer tax with respect to the individual if the trustee did not possess the power to convert. (j)(1) If paragraph (3) or (4) of subsection (i) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom such provision does not apply may convert the trust unless the exercise of the power by the remaining trustee is prohibited by the governing trust instrument; and (2) If paragraph (3) or (4) of subsection (i) of this Code section applies to all the trustees, the trustees may petition the superior court to direct a conversion. (k)(1) A trustee may release the power conferred by subsection (a) of this Code section to convert to a unitrust if: (A) The trustee is uncertain about whether possessing or exercising the power to convert will cause a result described in paragraph (3) or (4) of subsection (i) of this Code section; or (B) The trustee determines that possessing or exercising the power to convert will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (i) of this Code section. (2) The release of the power to convert may be permanent or for a specified period, including a period measured by the life of an individual. 53-12-363. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by Code Section 53-12-361 or 53-12-362 unless it determines that the decision was an abuse of the trustee's discretion. (b) The decisions to which subsection (a) of this Code section apply include: (1) A determination of whether and to what extent an amount should be transferred from principal to income or from income to principal; and (2) A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the power conferred by Code Section 53-12-361 or 53-12-362. (c) If a court determines that a trustee has abused its discretion regarding a discretionary power conferred by Code Section 53-12-361 or 53-12-362, the remedy shall be to restore the income and remainder beneficiaries to the positions they would have occupied if the trustee had not abused its discretion according to the following rules: (1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution which is too small, the court shall require the trustee to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiary's appropriate position; (2) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary which is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to TUESDAY, FEBRUARY 16, 2010 669 withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary or that beneficiary's estate to return some or all of the distribution to the trust, notwithstanding a spendthrift provision or similar provision; (3) If the abuse of discretion concerns the power to convert a trust into a unitrust, the court shall require the trustee either to convert into a unitrust or to reconvert from a unitrust; and (4) To the extent that the court is unable, after applying paragraphs (1), (2), and (3) of this subsection, to restore the beneficiaries, the trust, or both to the positions they would have occupied if the trustee had not abused its discretion, the court may require the trustee to pay an appropriate amount from its own funds to one or more of the beneficiaries, the trust, or both. (d) No provision of this Code section or Code Section 53-12-361 or 53-12-362 is intended to require a trustee to make an adjustment under Code Section 53-12-361 or a conversion under Code Section 53-12-362. 53-12-364. (a) The following provisions shall apply to a trust which by its governing trust instrument requires the distribution at least annually of a unitrust amount equal to a fixed percentage of not less than 3 percent nor more than 5 percent per year of the net fair market value of the trust's assets, valued at least annually, such trust to be referred to as an 'express total return unitrust': (1) The unitrust amount may be determined by reference to the net fair market value of the trust's assets in one year or more than one year; (2) Distribution of such a fixed percentage unitrust amount shall be considered a distribution of all of the income of the total return unitrust and shall not be considered a fundamental departure from applicable state law, regardless of whether the total return unitrust is created and governed by Code Section 53-12-362 or by the provisions of the governing trust instrument; (3) Such a distribution of the fixed percentage of not less than 3 percent nor more than 5 percent shall be considered a reasonable apportionment of the total return of a total return unitrust; (4) The governing trust instrument may grant discretion to the trustee to adopt a consistent practice of treating capital gains as part of the unitrust distribution, to the extent that the unitrust distribution exceeds the net accounting income, or it may specify the ordering of such classes of income; (5) Unless the trust provisions specifically provide otherwise, or grant discretion to the trustee as set forth in paragraph (4) of this subsection, a distribution of the unitrust amount shall be considered to have been made from the following sources in order of priority: (A) From net accounting income determined as if the trust were not a unitrust; (B) From ordinary income not allocable to net accounting income; (C) From net realized short-term capital gains; 670 JOURNAL OF THE HOUSE (D) From net realized long-term capital gains; and (E) From the principal of the trust estate; and (6) The trust document may provide that assets used by the trust beneficiary, such as a residence property or tangible personal property, may be excluded from the net fair market value for computing the unitrust amount. Such use may be considered equivalent to the income or unitrust amount. (b) A trust which provides for a fixed percentage payout in excess of 5 percent per year shall be considered to have paid out all of the income of the total return unitrust and to have paid out principal of such trust to the extent that the fixed percentage payout exceeds 5 percent per year. (c) This Code section shall be effective for trusts established and wills executed on or after July 1, 2010. ARTICLE 17 Part 1 53-12-380. This article shall be known and may be cited as the 'Georgia Principal and Income Act.' 53-12-381. As used in this article, the term: (1) 'Accounting period' means a calendar year unless another 12 month period is selected by a fiduciary. Such term includes a portion of a calendar year or other 12 month period that begins when an income interest begins or ends when an income interest ends. (2) 'Beneficiary' includes, in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. (3) 'Fiduciary' means a personal representative or a trustee. Such term includes an executor, administrator, successor personal representative, special administrator, and a person performing substantially the same function. (4) 'Income' means money or property that a fiduciary receives as current return from a principal asset. Such term includes a portion of receipts from a sale, exchange, or liquidation of a principal asset, to the extent provided in Part 4 of this article. (5) 'Income beneficiary' means a person to whom net income of a trust is or may be payable. (6) 'Income interest' means the right of an income beneficiary to receive all or part of net income, whether the trust provisions require it to be distributed or authorize it to be distributed in the trustee's discretion. (7) 'Mandatory income interest' means the right of an income beneficiary to receive net income that the trust provisions require the fiduciary to distribute. (8) 'Net income' means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this article to or from income during the period. TUESDAY, FEBRUARY 16, 2010 671 (9) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; a governmental subdivision, agency, or instrumentality; a public corporation; or any other legal or commercial entity. (10) 'Principal' means property held in trust for distribution to a remainder beneficiary when the trust terminates. (11) 'Terms of the trust' means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding. (12) 'Trustee' includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. Part 2 53-12-390. (a) If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends, and no interest is provided for by the terms of the trust, the pecuniary amount usually bears interest at the legal rate after the expiration of 12 months from the date the income interest terminates. (b) The general rule in subsection (a) of this Code section shall be subservient to the equity and necessity of a particular case. 53-12-391. Expenses incurred in connection with the settlement of a decedent's estate or the winding up of a terminating income interest, including interest and penalties concerning taxes, fees of attorneys and personal representatives and trustees, and court costs, may be charged against the principal or income in the discretion of the personal representative or trustee. Part 3 53-12-400. (a) An income beneficiary shall be entitled to net income from the date on which the income interest begins. An income interest shall begin on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest. (b) An asset shall become subject to a trust: (1) On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life; (2) On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or 672 JOURNAL OF THE HOUSE (3) On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a third party because of such individual's death. (c) An asset shall become subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (d) of this Code section, even if there is an intervening period of administration to wind up the preceding income interest. (d) An income interest shall end on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. 53-12-401. (a) A trustee shall allocate an income receipt or disbursement to principal if its due date occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest. (b) A trustee shall allocate an income receipt or disbursement to income if its due date occurs on or after the date on which a decedent dies or an income interest begins and it is a periodic due date. An income receipt or disbursement shall be treated as accruing from day to day if its due date is not periodic or it has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal, and the balance shall be allocated to income. (c) An item of income or an obligation shall be due on the date the payer is required to make a payment. If a payment date is not stated, there shall be no due date for the purposes of this Code section. Distributions to shareholders or other owners from an entity to which Code Section 53-12-410 applies shall be deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date shall be periodic for receipts or disbursements that have to be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals. 53-12-402. (a) As used in this Code section, the term 'undistributed income' means net income received before the date on which an income interest ends. Such term shall not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. (b) When a mandatory income interest ends, the trustee shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal. TUESDAY, FEBRUARY 16, 2010 673 (c) When a trustee's obligation to pay a fixed annuity or a fixed fraction of the value of the trust's assets ends, the trustee shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its settlor relating to income, gift, estate, or other tax requirements. Part 4 Subpart 1 53-12-410. (a) As used in this Code section, the term 'entity' means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization in which a trustee has an interest other than a trust or estate to which Code Section 53-12-411 applies, a business or activity to which Code Section 53-12-412 applies, or an asset-backed security to which Code Section 53-12-431 applies. (b) Except as otherwise provided in this Code section, a trustee shall allocate to income money received from an entity. (c) A trustee shall allocate the following receipts from an entity to principal: (1) Property other than money; (2) Money received in one distribution or a series of related distributions in exchange for part or all of a trust's interest in the entity; (3) Money received in total or partial liquidation of the entity; and (4) Money received from an entity that is a regulated investment company or a real estate investment trust if the money distributed is a capital gain dividend for federal income tax purposes. (d) Money shall be received in partial liquidation: (1) To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation; or (2) If the total amount of money and property received in a distribution or series of related distributions is greater than 20 percent of the entity's gross assets, as shown by the entity's year-end financial statements immediately preceding the initial receipt. (e) Money shall not be received in partial liquidation, nor shall it be taken into account under paragraph (2) of subsection (d) of this Code section, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the money. (f ) A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity's board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation's board of directors. 674 JOURNAL OF THE HOUSE 53-12-401. A trustee shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and shall allocate to principal an amount received as a distribution of principal from such trust or estate. If a trustee purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such trust to a trustee, Code Section 53-12410 or 53-12-431 shall apply to a receipt from the trust. 53-12-402. (a) If a trustee who conducts a business or other activity determines that it is in the best interest of all the beneficiaries to account separately for the business or activity instead of accounting for it as part of the trust's general accounting records, the trustee may maintain separate accounting records for its transactions, whether or not its assets are segregated from other trust assets. (b) A trustee who accounts separately for a business or other activity may determine the extent to which its net cash receipts shall be retained for working capital, the acquisition or replacement of fixed assets, and other reasonably foreseeable needs of the business or activity, and the extent to which the remaining net cash receipts are accounted for as principal or income in the trust's general accounting records. If a trustee sells assets of the business or other activity, other than in the ordinary course of the business or activity, the trustee shall account for the net amount received as principal in the trust's general accounting records to the extent the trustee determines that the amount received is no longer required in the conduct of the business. (c) Activities for which a trustee may maintain separate accounting records shall include: (1) Retail, manufacturing, service, and other traditional business activities; (2) Farming; (3) Raising and selling livestock and other animals; (4) Management of rental properties; (5) Extraction of minerals and other natural resources; (6) Timber operations; and (7) Activities to which Code Section 53-12-430 applies. Subpart 2 53-12-420. A trustee shall allocate to principal: (1) To the extent not allocated to income under this article, assets received from a transferor during the transferor's lifetime, a decedent's estate, a trust with a terminating income interest, or a payer under a contract naming the trust or its trustee as beneficiary; TUESDAY, FEBRUARY 16, 2010 675 (2) Money or other property received from the sale, exchange, liquidation, or change in form of a principal asset, including realized profit, subject to the provisions of this article; (3) Amounts recovered from third parties to reimburse the trust because of disbursements described in paragraph (7) of subsection (a) of Code Section 53-12-451 or for other reasons to the extent not based on the loss of income; (4) Proceeds of property taken by eminent domain, but a separate award made for the loss of income with respect to an accounting period during which a current income beneficiary had a mandatory income interest shall be income; (5) Net income received in an accounting period during which there is no beneficiary to whom a trustee may or must distribute income; and (6) Other receipts as provided in this article. 53-12-421. To the extent that a trustee accounts for receipts from rental property pursuant to this Code section, the trustee shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease. An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods, shall be added to principal and held subject to the terms of the lease and shall not be available for distribution to a beneficiary until the trustee's contractual obligations have been satisfied with respect to such amount. 53-12-422. (a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, shall be allocated to income without any provision for amortization of premium. (b) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than one year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within one year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust shall be allocated to income. (c) This Code section shall not apply to an obligation to which Code Section 53-12-425 through 53-12-428, 53-12-430, or 53-12-431 applies. 53-12-423. (a) Except as otherwise provided in subsection (b) of this Code section, a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of, or loss of title to a trust asset. 676 JOURNAL OF THE HOUSE The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal. (b) A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to Code Section 53-12-412, loss of profits from a business. (c) This Code section shall not apply to a contract to which Code Section 53-12-425 applies. 53-12-424. If a trustee determines that an allocation between principal and income required by Code Sections 53-12-425 through 53-12-428 or Code Section 53-12-431 is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in Code Section 53-12-361 applies to the allocation. Such power may be exercised by a cotrustee in the circumstances described in Code Section 53-12-361 and may be released for the reasons and in the manner described in such Code section. An allocation shall be presumed to be insubstantial if: (1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or (2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust's assets at the beginning of the accounting period. 53-12-425. (a) As used in this Code section, the term: (1) 'Payment' means a payment that a trustee may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payer in exchange for future payments. Such term includes a payment made in money or property from the payer's general assets or from a separate fund created by the payer. Such term also includes any payment from a separate fund, regardless of the reason for the payment. (2) 'Separate fund' includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a payment is characterized as interest or a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate it to income. The trustee shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend, or an equivalent payment. (c) If no part of a payment is characterized as interest, a dividend, or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, the trustee TUESDAY, FEBRUARY 16, 2010 677 shall allocate the entire payment to principal. For purposes of this subsection, a payment shall not be required to be made to the extent that it is made because the trustee exercises a right of withdrawal. (d) Except as otherwise provided in subsection (e) of this Code section, subsections (f) and (g) of this Code section shall apply, and subsections (b) and (c) of this Code section shall not apply, in determining the allocation of a payment made from a separate fund to: (1) A trust to which an election to qualify for a marital deduction under Section 2056(b)(7) of the federal Internal Revenue Code of 1986 has been made; or (2) A trust that qualifies for the marital deduction under Section 2056(b)(5) of the federal Internal Revenue Code of 1986. (e) Subsections (d), (f), and (g) of this Code section shall not apply if and to the extent that the series of payments would, without the application of subsection (d) of this Code section, qualify for the marital deduction under Section 2056(b)(7)(C) of the federal Internal Revenue Code of 1986. (f) A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to this article. Upon request of the surviving spouse, the trustee shall demand of the person administering the separate fund that this internal income be distributed to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period. (g) If a trustee cannot determine the internal income of a separate fund but can determine the value of such separate fund, the internal income of such separate fund shall be deemed to be equal to 4 percent of the fund's value, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the fund's value, the internal income of the fund shall be deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under Section 7520 of the federal Internal Revenue Code of 1986 for the month preceding the accounting period for which the computation is made. (h) This Code section shall not apply to payments to which Code Section 53-12-426 applies. 53-12-426. (a) As used in this Code section, the term 'liquidating asset' means an asset whose value will diminish or terminate because such asset is expected to produce receipts for a period of limited duration. Such term includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. 678 JOURNAL OF THE HOUSE Such term shall not include a payment subject to Code Section 53-12-425, resources subject to Code Section 53-12-427, timber subject to Code Section 53-12-428, an activity subject to Code Section 53-12-430, an asset subject to Code Section 53-12-431, or any asset for which the trustee establishes a reserve for depreciation under Code Section 53-12-452. (b) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal. 53-12-427. (a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this Code section, the trustee shall allocate them as follows: (1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income; (2) If received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal; (3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent shall be allocated to principal and the balance to income; and (4) If an amount is received from a working interest or any other interest not provided for in paragraph (1), (2), or (3) of this subsection, 90 percent of the net amount received shall be allocated to principal and the balance to income. (b) An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, 90 percent of the amount shall be allocated to principal and the balance to income. (c) This Code section shall apply whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust. (d) If a trust owns an interest in minerals, water, or other natural resources on July 1, 2010, the trustee may allocate receipts from the interest as provided in this Code section or in the manner used by the trustee before July 1, 2010. If the trust acquires an interest in minerals, water, or other natural resources after July 1, 2010, the trustee shall allocate receipts from the interest as provided in this Code section. 53-12-428. (a) To the extent that a trustee accounts for receipts from the sale of timber and related products pursuant to this Code section, the trustee shall allocate the net receipts: (1) To income to the extent that the amount of timber removed from the land does not exceed the rate of growth of the timber during the accounting periods in which a beneficiary has a mandatory income interest; TUESDAY, FEBRUARY 16, 2010 679 (2) To principal to the extent that the amount of timber removed from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber; (3) To or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust by determining the amount of timber removed from the land under the lease or contract and applying the rules in paragraphs (1) and (2) of this subsection; or (4) To principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to paragraph (1), (2), or (3) of this subsection. (b) In determining net receipts to be allocated pursuant to subsection (a) of this Code section, a trustee shall deduct and transfer to principal a reasonable amount for depletion. (c) This Code section shall apply whether or not a decedent or transferor was harvesting timber from the property before it became subject to the trust. (d) If a trust owns an interest in timberland on July 1, 2010, the trustee may allocate net receipts from the sale of timber and related products as provided in this Code section or in the manner used by the trustee before July 1, 2010. If the trust acquires an interest in timberland after July 1, 2010, the trustee shall allocate net receipts from the sale of timber and related products as provided in this Code section. 53-12-429. (a) If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under Code Section 53-12-361 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time, or exercise the power conferred by Code Section 53-12-361. The trustee may decide which action or combination of actions to take. (b) In cases not governed by subsection (a) of this Code section, proceeds from the sale or other disposition of an asset shall be principal without regard to the amount of income the asset produces during any accounting period. 53-12-430. (a) As used in this Code section, the term 'derivative' means a contract or financial instrument or a combination of contracts and financial instruments which gives a trust the right or obligation to participate in some or all changes in the price of a tangible or intangible asset or group of assets, or changes in a rate, an index of prices or rates, or other market indicator for an asset or a group of assets. (b) To the extent that a trustee does not account under Code Section 53-12-412 for transactions in derivatives, the trustee shall allocate to principal receipts from and disbursements made in connection with those transactions. 680 JOURNAL OF THE HOUSE (c) If a trustee grants an option to buy property from the trust, whether or not the trust owns the property when the option is granted, grants an option that permits another person to sell property to the trust, or acquires an option to buy property for the trust or an option to sell an asset owned by the trust, and the trustee or other owner of the asset is required to deliver the asset if the option is exercised, an amount received for granting the option shall be allocated to principal. An amount paid to acquire the option shall be paid from principal. A gain or loss realized upon the exercise of an option, including an option granted to a settlor of the trust for services rendered, shall be allocated to principal. 53-12-431. (a) As used in this Code section, the term 'asset-backed security' means an asset whose value is based upon the right it gives the owner to receive distributions from the proceeds of financial assets that provide collateral for the security. Such term includes an asset that gives the owner the right to receive from the collateral financial assets only the interest or other current return or only the proceeds other than interest or current return. Such term shall not include an asset to which Code Section 53-12-410 or 53-12425 applies. (b) If a trust receives a payment from interest or other current return and from other proceeds of the collateral financial assets, the trustee shall allocate to income the portion of the payment which the payer identifies as being from interest or other current return and shall allocate the balance of the payment to principal. (c) If a trust receives one or more payments in exchange for the trust's entire interest in an asset-backed security in one accounting period, the trustee shall allocate the payments to principal. If a payment is one of a series of payments that will result in the liquidation of the trust's interest in the asset-backed security over more than one accounting period, the trustee shall allocate 10 percent of the payment to income and the balance to principal. ARTICLE 18 53-12-450. (a) A trustee shall make the following disbursements from income: (1) One-half of the regular compensation of the trustee and of any person providing investment advisory or custodial services to the trustee; (2) One-half of all court costs, attorney's fees, and other fees and expenses for accountings, judicial proceedings, or other matters that involve both the income and remainder interests; (3) All of the other ordinary expenses incurred in connection with the administration, management, or preservation of trust property and the distribution of income, including interest, ordinary repairs, regularly recurring taxes assessed against principal, and court costs, attorney's fees, and other fees and expenses of a proceeding or other matter that concerns primarily the income interest; and TUESDAY, FEBRUARY 16, 2010 681 (4) Recurring premiums on insurance covering the loss of a principal asset or the loss of income from or use of the asset. (b) Any of the above disbursements made in connection with judicial proceedings may be varied by the order of the court. (c) All other disbursements shall be made from principal. 53-12-451. (a) A trustee shall make the following disbursements from principal: (1) The remaining one-half of the disbursements described in paragraphs (1) and (2) of subsection (a) of Code Section 53-12-450; (2) All of the trustee's compensation calculated on principal as a fee for acceptance, distribution, or termination and disbursements made to prepare property for sale; (3) Payments on the principal of a trust debt; (4) Court costs, attorney's fees, and other fees and expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property; (5) Premiums paid on a policy of insurance not described in Section 501(4) of the federal Internal Revenue Code of 1986, of which the trust is the owner and beneficiary; (6) Estate, inheritance, and other transfer taxes, including penalties, apportioned to the trust; and (7) Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters. (b) Any of the disbursements provided for in subsection (a) of this Code section made in connection with judicial proceedings may be varied by the order of the court. (c) If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of such obligation. 53-12-452. (a) As used in this Code section, the term 'depreciation' means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a fixed asset having a useful life of more than one year. (b) A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation but shall not transfer any amount for depreciation: 682 JOURNAL OF THE HOUSE (1) Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; (2) During the administration of a decedent's estate; or (3) Under this Code section if the trustee is accounting under Section 403 of the federal Internal Revenue Code of 1986 for the business or activity in which the asset is used. (c) An amount transferred to principal need not be held as a separate fund. 53-12-453. Wherever a charge that is properly allocable to income has been made or is expected to be made from principal because of the unusually large nature of the charge or otherwise, the trustee may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or to provide a reserve for future principal disbursements. 53-12-454. (a) A tax required to be paid by a trustee based on receipts allocated to income shall be paid from income. (b) A tax required to be paid by a trustee based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority. (c) A tax required to be paid by a trustee on the trust's share of an entity's taxable income shall be paid: (1) From income to the extent that receipts from the entity are allocated only to income; (2) From principal to the extent that receipts from the entity are allocated only to principal; (3) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and (4) From principal to the extent that the tax exceeds the total receipts from the entity. (d) After applying subsections (a) through (c) of this Code section, the trustee shall adjust income or principal receipts to the extent that its taxes are reduced because it receives a deduction for payments made to a beneficiary. 53-12-455. (a) A fiduciary may make adjustments between principal and income to offset the shifting of economic interests or tax benefits between income beneficiaries and remainder beneficiaries which arise from: (1) Elections and decisions, other than those described in subsection (b) of this Code section, that the fiduciary makes from time to time regarding tax matters; (2) An income tax or any other tax that is imposed upon the fiduciary or a beneficiary as a result of a transaction involving or a distribution from the estate or trust; or TUESDAY, FEBRUARY 16, 2010 683 (3) The ownership by an estate or trust of an interest in an entity whose taxable income, whether or not distributed, is includable in the taxable income of the estate, trust, or a beneficiary. (b) If the amount of an estate tax marital deduction or charitable contribution deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting it for estate tax purposes, and as a result estate taxes paid from principal are increased and income taxes paid by an estate, trust, or beneficiary are decreased, each estate, trust, or beneficiary that benefits from the decrease in income tax shall reimburse the principal from which the increase in estate tax is paid. The total reimbursement shall equal the increase in the estate tax to the extent that the principal used to pay the increase would have qualified for a marital deduction or charitable contribution deduction but for the payment. The proportionate share of the reimbursement for each estate, trust, or beneficiary whose income taxes are reduced shall be the same as its proportionate share of the total decrease in income tax. An estate or trust shall reimburse principal from income." SECTION 2. Code Section 7-1-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, is amended by revising subsections (a) and (c) as follows: "(a) No corporation, partnership, or other business association entity may lawfully act as a fiduciary in this state except: (1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank or a state bank lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (4) A savings bank or savings and loan association lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (5) Attorneys at law licensed to practice in this state, whether incorporated organized as a professional corporation or otherwise; (6) An investment adviser registered pursuant to the provisions of 15 U.S.C. Section 80b-3 or Chapter 5 of Title 10, provided that this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates, or Title 29, relating to guardianships and conservatorships; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. Section 78o or Chapter 5 of Title 10 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities; or (8) A nonprofit corporation." "(c) Nothing in this chapter shall be construed to repeal or to change Part 2 of Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, 684 JOURNAL OF THE HOUSE Article 15 of Chapter 12 of Title 53 or any other statutes or rules of law on such subjects subject." SECTION 3. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-6-142, relating to the statutory form for financial power of attorney, as follows: "10-6-142. The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows: FINANCIAL POWER OF ATTORNEY County of __________ State of Georgia I, _______________________, (hereinafter 'Principal'), a resident of ________ County, Georgia, do hereby constitute and appoint _______________________ my true and lawful attorney-in-fact (hereinafter 'Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters: (Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line. The powers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. ______ 2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. ______ Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as TUESDAY, FEBRUARY 16, 2010 685 my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt. ______ 4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper. ______ 5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me. ______ 6. Safe Deposits: To have free access at any time or times to any safe-deposit box or vault to which I might have access. ______ 7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. ______ 8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. ______ 9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. ______ 686 JOURNAL OF THE HOUSE 10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. ______ 11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper. ______ 12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. ______ 13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 53-12-261 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. ______ 14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional. The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency: __________________________________________________________________ __________________________________________________________________ Note: The Principal may choose to designate one or more persons to determine conclusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional. TUESDAY, FEBRUARY 16, 2010 687 The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred: __________________________________________________________________ __________________________________________________________________ Signed:_______________________ Principal _______________________ Agent It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. However, I understand that it shall be revoked and the Agent's power canceled in the event a guardian is appointed for my property. As long as no such guardian is appointed, any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability, incapacity, or mental incompetence shall have the same force and effect as if I were not disabled, incapacitated, or mentally incompetent. I may, at any time, revoke this power of attorney, and it shall be canceled by my death. Otherwise, unless a guardian is appointed for my property, this power of attorney shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to my death. I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney. All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney. This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first. Compensation of Agent. (Directions: Initial the line following your choice.) 1. My Agent shall receive no compensation for services rendered. ______ 2. My Agent shall receive reasonable compensation for services rendered. ______ 3. My Agent shall receive $__________ for services rendered. ______ IN WITNESS WHEREOF, I have hereunto set my hand and seal on this _____ day of ______________, ____. _______________________ Principal WITNESSES 688 JOURNAL OF THE HOUSE _______________________ _______________________ Signature and Address _______________________ _______________________ Signature and Address Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions. I, _______________________, a Notary Public, do hereby certify that _______________________ personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney. State of Georgia County of __________ _______________________ Notary Public ACCEPTANCE OF APPOINTMENT I, _______________________ (print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for _______________________ (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following: I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal. I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title. I must protect, conserve, and exercise prudence and caution in my dealings with the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal. I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal. TUESDAY, FEBRUARY 16, 2010 689 I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability. Dated:______________, ____. (Signature)_______________________ (Address)_______________________ Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions. I, _______________________, a Notary Public, do hereby certify that _______________________ personally appeared before me this date and acknowledge the due execution of the foregoing Acceptance of Appointment. _______________________ Notary Public" SECTION 4. Said title is further amended by revising paragraph (1) of subsection (f) of Code Section 10-14-6, relating to irrevocable trust funds, as follows: "(f)(1) The assets of a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.',' or Code Section 53-12-340 of 'The Revised Georgia Trust Code of 2010.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments." SECTION 5. Title 11 of the Official Code of Georgia Annotated, relating to the Commercial Code, is amended by repealing and designating as reserved Code Section 11-8-602, relating to repeals, as follows: "11-8-602. This Act repeals Article 15 of Chapter 12 of Title 53, known as the 'Uniform Act for Simplification of Fiduciary Security Transfers,' including Code Section 53-12-320, relating to the short title; Code Section 53-12-321, relating to definitions; Code Section 53-12-322, relating to registration in the fiduciary's name, inquiry, and assumption of continued fiduciary capacity; Code Section 53-12-323, relating to transfer pursuant to assignment by the fiduciary and authorized assumptions; Code Section 53-12-324, 690 JOURNAL OF THE HOUSE relating to evidence of appointment or incumbency when the fiduciary is not the registered owner; Code Section 53-12-325, relating to claims adverse to transfer, written notice of claims, notice of presentation of security for transfer, time for transfer, and liability of corporation or transfer agency; Code Section 53-12-326, relating to nonliability of corporation and transfer agent; Code Section 53-12-327, relating to liability of participants in acquisition, disposition, assignment, or transfer of security; Code Section 53-12-328, relating to the effect of the article on tax obligations; Code Section 53-12-329, relating to applicability of the law of the jurisdiction where a corporation was organized and applicability of article; and Code Section 53-12-330, relating to uniformity of interpretation, and inserts in lieu thereof the following: ARTICLE 15 Reserved." SECTION 6. Said title is further amended by revising subsection (d) of Code Section 11-9-406, relating to discharge of account debtor, as follows: "(d) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (e) of this Code section and Code Sections 11-2A-303, 11-9-407, and 5312-28 53-12-80 through 53-12-83 and subject to subsection (h) of this Code section, a term in an agreement between an account debtor and an assignor or in a promissory note is shall be ineffective to the extent that it: (1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or (2) Provides that the assignment, transfer, creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note." SECTION 7. Said title is further amended by revising subsections (a) and (c) of Code Section 11-9408, relating to restrictions on assignment of promissory notes, health care insurance receivables, and certain intangibles ineffective, as follows: "(a) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (b) of this Code section or in Code Section 53-12-28 53-12-80, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health care insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to the assignment or transfer of, or creation, attachment, or perfection of a security interest in, TUESDAY, FEBRUARY 16, 2010 691 the promissory note, health care insurance receivable, or general intangible, is shall be ineffective to the extent that the term: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." "(c) Legal restrictions on assignment generally ineffective. Except as otherwise provided in Code Section 53-12-28 53-12-80, a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health care insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is shall be ineffective to the extent that the rule of law, statute, or regulation: (1) Would impair the creation, attachment, or perfection of a security interest; or (2) Provides that the assignment, transfer, creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health care insurance receivable, or general intangible." SECTION 8. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by revising paragraph (3) of subsection (a) of Code Section 14-2-1109, relating to business corporations merger with other entities, as follows: "(3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does shall not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction." SECTION 9. Said title is further amended by revising paragraph (8) of Code Section 14-2-1110, relating to definitions for business corporations, as follows: "(8) 'Corporation,' in addition to the definition contained in Code Section 14-2-140, shall include any trust merging with a domestic corporation pursuant to Code Section 53-12-59 53-12-159." 692 JOURNAL OF THE HOUSE SECTION 10. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 14-3-1108, relating to nonprofit corporations definitions and merger with foreign corporations, as follows: "(3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does shall not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction." SECTION 11. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (c) of Code Section 15-6-77.3, relating to additional fees in counties with populations in unincorporated areas of 350,000 or more, as follows: "(1) Recording and returning to sender all instruments pertaining to real estate and deeds of trust or amendments thereto, in accordance with Code Section 53-12-52 53-12-152, each page ..............................................................$ 5.00" SECTION 12. Said title is further amended by revising paragraphs (4), (5), (6), and (8) of Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, as follows: "(4) Appointment of new trustee to replace trustee pursuant to Code Section 53-12170 53-12-201; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175 53-12-220; (6) Acceptance of resignation of a trustee upon petition of the trustee pursuant to Code Section 53-12-175 53-12-220;" "(8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221 53-12-362; and" SECTION 13. Code Section 20-2-64 of the Official Code of Georgia Annotated, relating to establishment and maintenance of trusts or funds, is amended by revising subsection (a), as follows: "(a) Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to designate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as the 'Georgia Trust TUESDAY, FEBRUARY 16, 2010 693 Act,' 'The Revised Georgia Trust Code of 2010,' and may take any action which a natural person would be authorized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section." SECTION 14. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising paragraphs (13) and (14) of Code Section 29-3-32, relating to investment of funds, as follows: "(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284: (A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and" SECTION 15. Said title is further amended by revising paragraphs (13) and (14) of Code Section 29-532, relating to investment of estate funds by conservator, as follows: "(13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284: (A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and" 694 JOURNAL OF THE HOUSE SECTION 16. Code Section 37-9-8 of the Official Code of Georgia Annotated, relating to the use of assets other than income for determination of assessments, is amended by revising subsection (d) as follows: "(d) Nothing in this Code section shall be construed to supersede the provisions of Chapter 12 of Title 53, the 'Georgia Trust Act.' 'The Revised Georgia Trust Code of 2010.'" SECTION 17. Code Section 48-13-55 of the Official Code of Georgia Annotated, relating to facility operated by charitable trust or functionally related businesses, is amended by revising subsection (d) as follows: "(d) For purposes of this Code section, the term 'charitable trust' means any trust or other entity covered by Article 6 Article 9 or 10 of Chapter 12 of Title 53. For purposes of this Code section, the term 'functionally related business' means a business entity, whether or not incorporated, which is owned by such a charitable trust and which constitutes a functionally related business within the meaning of Section 4942(j)(4) of the federal Internal Revenue Code." SECTION 18. Code Section 53-7-1 of the Official Code of Georgia Annotated, relating to general powers and duties of personal representative, is amended by revising subsection (b) as follows: "(b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232 53-12261. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian. The personal representative of a deceased beneficiary or heir is shall be authorized to consent on behalf of that beneficiary or heir. The grant of powers may shall only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 53-12-261 be granted." 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: TUESDAY, FEBRUARY 16, 2010 695 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson 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 E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. House of Representatives Atlanta, Georgia 30334 This version of SB 131 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 131. 696 JOURNAL OF THE HOUSE /s/ Bobby Franklin Representative, District 43 The following Resolutions of the House were read and referred to the Committee on Rules: HR 1411. By Representatives Martin of the 47th, Scott of the 153rd, Kidd of the 141st and Roberts of the 154th: A RESOLUTION recognizing and commending Chance Veazey and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1412. By Representatives Martin of the 47th and Kidd of the 141st: A RESOLUTION commending Coach David Perno and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1413. By Representatives Martin of the 47th and Kidd of the 141st: A RESOLUTION recognizing and commending Mr. Mike Dillon and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1414. By Representatives Epps of the 140th and Cole of the 125th: A RESOLUTION recognizing and commending Sheriff Robert N. "Butch" Reece and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1415. By Representatives Fludd of the 66th, Abdul-Salaam of the 74th, Ramsey of the 72nd, Jordan of the 77th and Yates of the 73rd: A RESOLUTION congratulating the Sandy Creek High School football team on winning the 2009 GHSA Class AAAA State Championship and inviting the team to be recognized by the House of Representatives; and for other purposes. HR 1416. By Representatives Keen of the 179th, Porter of the 143rd, Jones of the 46th and Smyre of the 132nd: A RESOLUTION recognizing and commending the staff of Lawmakers on the occasion of their 40th season and inviting them to be recognized by the House of Representatives; and for other purposes. TUESDAY, FEBRUARY 16, 2010 697 The following Resolutions of the House were read and adopted: HR 1417. By Representatives Abdul-Salaam of the 74th, Frazier of the 123rd, Reece of the 11th, Sinkfield of the 60th and Brooks of the 63rd: A RESOLUTION recognizing February 20, 2010, as Hair Loss Summit Day in Georgia; and for other purposes. HR 1418. By Representative O`Neal of the 146th: A RESOLUTION recognizing and commending Dr. Patrick O'Neal; and for other purposes. HR 1419. By Representatives Drenner of the 86th, Henson of the 87th, Benfield of the 85th and Mitchell of the 88th: A RESOLUTION recognizing and commending Betty and Mike Efird; and for other purposes. HR 1420. By Representatives Abdul-Salaam of the 74th, Bruce of the 64th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th and others: A RESOLUTION honoring the life and memory of Mrs. Elaine Connally; and for other purposes. HR 1421. By Representative Brooks of the 63rd: A RESOLUTION honoring the life of Mr. Walter Lee Hill, Sr.; and for other purposes. HR 1422. By Representatives McCall of the 30th, Powell of the 29th, Channell of the 116th and Anderson of the 117th: A RESOLUTION remembering Terry Mark Johnson and commending TJ and Friends Foundation; and for other purposes. HR 1423. By Representative Cole of the 125th: A RESOLUTION commending Coach Richard Reid on his 1,000th win; and for other purposes. HR 1424. By Representative Cole of the 125th: A RESOLUTION recognizing and commending Mrs. Dori Strock; and for other purposes. 698 JOURNAL OF THE HOUSE HR 1425. By Representatives Williams of the 89th, Smyre of the 132nd, Williams of the 165th, Dawkins-Haigler of the 93rd, Frazier of the 123rd and others: A RESOLUTION recognizing the National Sorority of Phi Delta Kappa, Inc., Day at the state capitol on February 17, 2010; and for other purposes. HR 1426. By Representatives Hugley of the 133rd, Smyre of the 132nd, Porter of the 143rd, Abdul-Salaam of the 74th, Morgan of the 39th and others: A RESOLUTION commending Mr. Edward O. DuBose; and for other purposes. HR 1427. By Representatives Day of the 163rd, Maddox of the 127th, Frazier of the 123rd, Talton of the 145th, Collins of the 27th and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 18, 2010, as "Emergency Medical Services Recognition Day"; and for other purposes. HR 1428. By Representatives Day of the 163rd, Maddox of the 127th, Frazier of the 123rd, Talton of the 145th, 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 1429. By Representatives Epps of the 128th and Nix of the 69th: A RESOLUTION recognizing and commending Ms. Pat Gay on the occasion of her retirement; and for other purposes. HR 1430. By Representatives Epps of the 128th and Smith of the 129th: A RESOLUTION recognizing and commending Mr. Jeremy Williams; and for other purposes. HR 1431. By Representatives Reese of the 98th, Austin of the 10th and Jones of the 46th: A RESOLUTION recognizing and commending Mr. Mark E. Arneson, National Commander of the Sons of the American Legion; and for other purposes. TUESDAY, FEBRUARY 16, 2010 699 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 1411 Do Pass HR 1412 Do Pass HR 1413 Do Pass The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1411. By Representatives Martin of the 47th, Scott of the 153rd, Kidd of the 141st and Roberts of the 154th: A RESOLUTION recognizing and commending Chance Veazey and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1412. By Representatives Martin of the 47th and Kidd of the 141st: A RESOLUTION commending Coach David Perno and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1413. By Representatives Martin of the 47th and Kidd of the 141st: A RESOLUTION recognizing and commending Mr. Mike Dillon and inviting him to be recognized by the House of Representatives; and for other purposes. Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1085 Do Pass Respectfully submitted, /s/ Manning of the 32nd Chairman 700 JOURNAL OF THE HOUSE 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 941 Do Pass Respectfully submitted, /s/ Morris of the 155th Chairman Representative Walker of the 107th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1128 Do Pass Respectfully submitted, /s/ Walker of the 107th Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 357 HB 917 HB 954 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute TUESDAY, FEBRUARY 16, 2010 701 Respectfully submitted, /s/ Willard of the 49th Chairman Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 965 Do Pass HB 1047 Do Pass, by Substitute SB 305 Do Pass, by Substitute Respectfully submitted, /s/ Roberts of the 154th 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. 702 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, February 17, 2010 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 Bell Benton Black Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coleman Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Day Dempsey E Dickson Dobbs Dodson Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard E Heckstall Hembree E Henson E Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Long Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Purcell Ramsey Randall Reece Reese Rice Roberts Rogers Rynders E Scott, A Sellier Setzler Shaw Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, R Smith, T Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Thompson E Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, 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, Bruce of the 64th, Collins of the 27th, Fludd of the 66th, Golick of the 34th, Jordan of the 77th, Martin of the 47th, Morris of the 155th, Powell of the 29th, Pruett of the 144th, Scott of the 2nd, Smith of the 70th, and Walker of the 107th. They wish to be recorded as present. WEDNESDAY, FEBRUARY 17, 2010 703 Prayer was offered by Dr. Edwin Cooper, St. Paul United Methodist 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 1184. By Representatives Ramsey of the 72nd, Graves of the 12th, Cole of the 125th, Pruett of the 144th, May of the 111th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to authorize the Commissioner of Insurance to explore and 704 JOURNAL OF THE HOUSE initiate reciprocity agreements with other states; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1185. By Representative Morris of the 155th: A BILL to be entitled an Act to amend Code Section 27-5-4 of the Official Code of Georgia Annotated, relating to wild animal licenses and permits generally, so as to provide that persons maintaining wild animals for noncommercial and educational purposes shall be entitled to obtain a wild animal license; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1186. By Representatives Roberts of the 154th, Burns of the 157th, Dollar of the 45th and O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation projects shall not constitute special franchises; 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 1187. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide that any military veteran shall be entitled to an honorary hunting and fishing license; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1188. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and WEDNESDAY, FEBRUARY 17, 2010 705 administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; 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 1189. By Representatives Sims of the 169th, Lunsford of the 110th, Lane of the 167th, Cheokas of the 134th, Teilhet of the 40th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to provide for the offense of malfeasance in office; to provide for definitions; to provide for criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1190. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, related to ad valorem taxation of property, so as to change certain provisions regarding notice of changes in taxpayers' returns; to provide for annual notice; 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 1191. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more that one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 706 JOURNAL OF THE HOUSE HB 1192. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, so as to change certain provisions relating to payment and distribution of the real estate transfer tax when property is located in more than one county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1193. By Representatives Mills of the 25th, Rogers of the 26th and Collins of the 27th: A BILL to be entitled an Act to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees and construction of other fee provisions, so as to change the remittance of fees for a clerk processing United States passport applications; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1194. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th: A BILL to be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the outsourcing of certain duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related WEDNESDAY, FEBRUARY 17, 2010 707 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a singlefamily dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1197. By Representatives Glanton of the 76th, Dodson of the 75th, Baker of the 78th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Morrow 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 Ways & Means. HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; 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 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so 708 JOURNAL OF THE HOUSE as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1200. By Representatives Glanton of the 76th, Levitas of the 82nd, Casas of the 103rd, Maxwell of the 17th, Pruett of the 144th 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 authorize local boards of education to solicit and accept donations and gifts for purposes of field trips and other educational purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1201. By Representatives Hill of the 180th, Keen of the 179th, Lindsey of the 54th, Lane of the 167th and Willard of the 49th: 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 the definition of the offense of rape to include both genders; to change the definition of the offense of aggravated sodomy; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1202. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-7-29.12 of the Official Code of Georgia Annotated, relating to the income tax credit for donation of real property for conservation purposes, so as to provide for the transfer, devise, and distribution of unused conservation tax credits; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, FEBRUARY 17, 2010 709 HB 1203. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-70-24 of the Official Code of Georgia Annotated, relating to criteria for service delivery strategy development, so as to provide that utility franchise fees or taxes collected by municipalities from unincorporated residents, individuals, or property owners shall offset the cost of certain services provided by a county in the unincorporated areas of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1204. By Representative 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 an additional income tax credit for job creation for a limited period of time; to provide for definitions, 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 1205. By Representatives Butler of the 18th, Keen of the 179th, Roberts of the 154th and Harbin of the 118th: A BILL to be entitled an Act to amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, accumulation of sick and personal leave, regaining forfeited leave, local policies, and cost of employing substitute, so as to provide that in fiscal years in which the state anticipates positive revenues, teachers and other personnel shall be granted personal leave to compensate for furlough days; 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, utilization of accumulated sick leave, conversion to and use of personal leave, disapproval of sick leave, and procedure for contesting disapproval, so as to provide that in fiscal years in which the state anticipates positive revenues, state employees shall be granted personal leave to compensate for furlough days; and for other purposes. Referred to the Committee on Education. 710 JOURNAL OF THE HOUSE HB 1206. By Representatives Maddox of the 127th, Anderson of the 117th, Williams of the 178th, Knight of the 126th, Roberts of the 154th 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 the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1207. By Representatives Ramsey of the 72nd, Cole of the 125th, Lindsey of the 54th, Pruett of the 144th, Levitas of the 82nd and others: A BILL to be entitled an Act to amend Code Section 47-1-20 of the Official Code of Georgia Annotated, relating to definitions relative to restrictions and prohibitions on membership in public retirement or pension systems, so as to provide that unlawful acts relating to state mandatory uniform assessments shall be included in the definition of "public employment related crime" relating to retirement benefits; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1208. By Representatives Wix of the 33rd, Dobbs of the 53rd, Teilhet of the 40th, Johnson of the 37th and Morgan of the 39th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offense of theft from a designated disaster area; to provide punishment for the commission of such offense; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1209. By Representatives Wix of the 33rd, Dobbs of the 53rd, Teilhet of the 40th, Johnson of the 37th and Morgan of the 39th: 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 that certain notice shall be WEDNESDAY, FEBRUARY 17, 2010 711 provided to mortgage customers regarding flood plains; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1210. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1211. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize Troup 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 1212. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize the City of LaGrange 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. 712 JOURNAL OF THE HOUSE HB 1213. By Representatives Epps of the 128th and Nix of the 69th: A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange 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 Ways & Means. HB 1214. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of Troup 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 Ways & Means. HB 1215. By Representatives Bearden of the 68th, Drenner of the 86th, Franklin of the 43rd, Scott of the 153rd and Loudermilk of the 14th: 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 eliminate the use of direct recording electronic voting systems and voting machines in primaries and elections in this state; to provide for certain audits of results; to provide that persons 70 years of age or older may vote an absentee ballot without waiting in line; to provide for manual recounts of optical scan ballots; 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 Governmental Affairs. HB 1216. By Representative Martin of the 47th: 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 administrative provisions, so as to change certain provisions regarding the rate of interest to be paid for refunds and on past due taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, FEBRUARY 17, 2010 713 HB 1217. 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 provide for an exemption with respect to sales of eligible food and beverages dispensed by or through vending machines; to provide for conditions and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1218. By Representatives Cole of the 125th, Ralston of the 7th, Keen of the 179th, Roberts of the 154th and Glanton of the 76th: A BILL to be entitled an Act to enact the "Transportation Investment Act of 2010"; to provide for a short title; to amend Title 32 of the O.C.G.A., relating to highways, bridges, and ferries, so as to provide for certain powers and duties of the Department of Transportation; to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for legislative findings and intent; to provide for the creation of special districts; to provide for a referendum; to provide for annual reporting; to provide for Citizens Review Panels; to amend Title 50 of the O.C.G.A., relating to state government, so as to revise certain provisions relative to the Department of Transportation's allocation of funds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HR 1410. By Representatives Day of the 163rd, Bearden of the 68th, Yates of the 73rd, Setzler of the 35th, Franklin of the 43rd and others: A RESOLUTION urging the President and Congress of the United States to secure America's borders and reject demands to repeat the failed 1986 legalization program for illegal aliens for the protection of American jobs and our homeland; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HR 1432. By Representatives Peake of the 137th and Lindsey of the 54th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the reduction or elimination of local ad valorem taxation for educational purposes with a sales and use tax at the rate of 1 percent; to 714 JOURNAL OF THE HOUSE 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 Resolution of the House and Senate were read the second time: HB 911 HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181 HB 1182 HB 1183 HR 1087 SB 376 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 788 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 17, 2010 Mr. Speaker and Members of the House: WEDNESDAY, FEBRUARY 17, 2010 715 The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule None Structured Rule HB 665 HB 1028 Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions (Substitute)(GAff-Hamilton-23rd) Ad valorem tax; forest land conservation use property; revise provisions (Substitute)(W&M-Roberts-154th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 148. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Hill of the 32nd, Wiles of the 37th and others: 716 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and 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. SB 339. By Senators Seabaugh of the 28th, Shafer of the 48th, Pearson of the 51st, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of the chapter relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to allow utility contractors to bid upon and perform work on any utility system in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; 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 148. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Hill of the 32nd, Wiles of the 37th and others: 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. WEDNESDAY, FEBRUARY 17, 2010 717 SB 339. By Senators Seabaugh of the 28th, Shafer of the 48th, Pearson of the 51st, Rogers of the 21st and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 43-14-13 of the Official Code of Georgia Annotated, relating to the applicability of the chapter relative to electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to allow utility contractors to bid upon and perform work on any utility system in this state; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 374. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Hill of the 4th, Balfour of the 9th 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 create the Legislative Economic Development Council; to provide for legislative declarations; to provide for definitions; to provide for the council's duties; to provide for the council's powers; to provide for the council's membership; to provide for an annual report; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Human Relations & Aging: HB 935. By Representatives Bruce of the 64th, Morgan of the 39th, Fludd of the 66th, Mosby of the 90th and Jones of the 44th: A BILL to be entitled an Act to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to create the Georgia Commission on Reducing Poverty and Increasing Economic Security; to provide for a short title; to provide for a legislative purpose; to provide for membership to such commission; to provide for certain requirements for membership to such commission; to provide for certain procedures regarding such commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. 718 JOURNAL OF THE HOUSE The following Resolution of the House was read and adopted: HR 1433. By Representatives Ralston of the 7th, Keen of the 179th and Porter of the 143rd: A RESOLUTION rescheduling 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: Levitas of the 82nd, Williams of the 89th, Smith of the 122nd, Peake of the 137th, Stephens of the 164th, Collins of the 95th, and Martin of the 47th. 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 Education: HB 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Retirement: HB 960. By Representatives Benton of the 31st and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 22 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Defined Contribution Plan, so as to change the method of making a lump sum payment upon the member's death; to repeal conflicting laws; and for other purposes. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: WEDNESDAY, FEBRUARY 17, 2010 719 The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1433. By Representatives Ralston of the 7th, Keen of the 179th and Porter of the 143rd: A RESOLUTION rescheduling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Education: HB 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; 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 Intragovernmental Coordination and referred to the Committee on Children & Youth: HB 1194. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th: A BILL to be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the outsourcing of certain duties; 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 and referred to the Committee on Education: 720 JOURNAL OF THE HOUSE HB 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; 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 1028. By Representatives Roberts of the 154th, O`Neal of the 146th, Porter of the 143rd, McCall of the 30th, Benfield of the 85th 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 general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding ad valorem taxation of forest land conservation use property; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by revising Code Section 48-5-7.7, relating to ad valorem taxation of forest land conservation use property, as follows: "48-5-7.7. WEDNESDAY, FEBRUARY 17, 2010 721 (a) This Code section shall be known and may be cited as the 'Georgia Forest Land Protection Act of 2008.' (b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (1)(2) 'Forest land conservation use property' means forest land each tract of which consists of more than 200 acres of tangible real property of an owner subject to the following qualifications: (A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence located on the property; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such property may, in addition, have one or more of the following secondary uses: (i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services such as, but not limited to, clean air and water. 'Forest land conservation use property' may include, but not be limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the Georgia Forestry Commission. (2)(3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (3)(4) 'Qualified property' means forest land conservation use property as defined in this subsection. (4)(5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (1)(2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: 722 JOURNAL OF THE HOUSE (1) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in a single covenant unless otherwise required under subsection (e) of this Code section; (2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(1)(C) (b)(2)(C) of this Code section. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business. The production of pine straw shall not constitute another type of business; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of 15 years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors where the property is located shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of 15 years; provided, however, that the qualified owner may enter into a renewal contract in the fourteenth year of a covenant period so that the contract is continued without a lapse for an additional 15 years. (e) Subject to the limitations of paragraph (1) of subsection (c) of this Code section, a qualified owner shall be authorized to enter into more than one covenant under this Code section for forest land conservation use property. Any such qualified property WEDNESDAY, FEBRUARY 17, 2010 723 may include a tract or tracts of land which are located in more than one county in which event the owner shall enter into a covenant with each county. In the event a single contiguous tract is required to have separate covenants under this subsection, the total acreage of that single contiguous tract shall be utilized for purposes of determining the 200 acre requirement of this Code section. (f) A qualified owner shall not be authorized to make application for and receive conservation use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 or current use assessment under Code Section 48-7-7.4; provided, however, that if any property is subject to a covenant under either of those Code sections, it may be changed from such covenant and placed under a covenant under this Code section if it is otherwise qualified. Any such change shall terminate the existing covenant and shall not constitute a breach thereof. No property may be changed more than once under this subsection. (g) Except as otherwise provided in this subsection Code section, no property shall maintain its eligibility for conservation use assessment under this Code section unless a valid covenant or covenants, if applicable, remain remains in effect and unless the property is continuously devoted to forest land conservation use during the entire period of the covenant or covenants, if applicable. (h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for conservation use assessment under this Code section. (i)(1) If ownership of all or a part of the forest land conservation use property constituting at least 200 acres is acquired during a covenant period by another owner qualified to enter into an original forest land conservation use covenant, then the original covenant may be continued only by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. Following the expiration of the original covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. If a breach of the covenant occurs following such transfer by either such acquiring owner or the transferor, the penalty and interest shall apply to the entire tract which was the subject of the original covenant and shall be paid by either the acquiring owner or the transferor, whichever of whom breached the covenant. Following the expiration of such covenant, no new covenant shall be entered with respect to the tract from which the transfer was made unless such tract exceeds 200 acres. (2) If, following such transfer, a breach of the covenant occurs by the acquiring owner, the penalty and interest shall apply to the entire transferred tract and shall be paid by the acquiring owner who breached the covenant. In such case, the covenant shall terminate on such entire transferred tract but shall continue on such entire remaining tract from which the transfer was made and on which the breach did not occur for the remainder of the original covenant. 724 JOURNAL OF THE HOUSE (3) If, following such transfer, a breach of the covenant occurs by the transferring owner, the penalty and interest shall apply to the entire remaining tract from which the transfer was made and shall be paid by the transferring owner who breached the covenant. In such case, the covenant shall terminate on such entire remaining tract from which the transfer was made but shall continue on such entire transferred tract and on which the breach did not occur for the remainder of the original covenant. (j)(1) For the taxable year beginning January 1, 2009, 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 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 Any forest land 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 each county in which the property is located for the tax year for which such forest land 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 forest land conservation use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such forest land 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 forest land conservation use assessment under this Code section shall be filed with the county board of tax assessors in which the property is located who shall approve or deny the application. The Such county board of tax assessors shall file a copy of the approved application covenant 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 covenant in the real property records maintained in the clerk's office. If the application covenant 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 covenants shall be paid by the qualified owner of the eligible property with the application for forest land 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 or covenant 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. WEDNESDAY, FEBRUARY 17, 2010 725 (2) In the event such application is approved, the qualified owner shall continue to receive annual notification of any change in the forest land fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. (k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for conservation use assessment under this Code section. (l) In the case of an alleged breach of the covenant, the qualified owner shall be notified in writing by the board of tax assessors. The qualified owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the qualified owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The qualified owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (m)(1) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a qualified owner the covenant is breached. (2) Except as provided in subsection (i) of this Code section and paragraph (4) of this subsection, the The penalty shall be applicable to the entire tract which is the subject of the covenant and: (A) If breached during years one through five, shall for each covenant year beginning with year one be three times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period; (B) If breached during years six through ten, shall for each covenant year beginning with year one be 2.5 two and one-half times the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each year or partially completed year of the covenant period; and (C) If breached during years 11 through 15, shall for each covenant year beginning with year one be twice the difference between the total amount of tax paid pursuant to conservation use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed year or partially completed year of the covenant period. (3) Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached. (4) If ownership of a portion of the land subject to the original covenant constituting at least 200 acres is transferred to another owner qualified to enter into an original forest land conservation use covenant in a bona fide arm's length transaction and 726 JOURNAL OF THE HOUSE breach subsequently occurs, then the penalty shall either be assessed against the entire remaining tract from which the transfer was made or the entire transferred tract, on whichever the breach occurred. The calculation of penalties in paragraph (2) of this subsection shall be used except that the penalty amount resulting from such calculation shall be multiplied by the percentage which represents the acreage of such tract on which the breach occurs to the original covenant acreage. The resulting amount shall be the penalty amount owed by the owner of such tract of land on which the breach occurred. (n) In any case of a breach of the covenant where a penalty under subsection (m) of this Code section is imposed, an amount equal to the amount of reimbursement to each county, municipality, and board of education in each year of the covenant shall be collected under subsection (o) of this Code section and paid over to the commissioner who shall deposit such amount in the general fund. (o) Penalties and interest imposed under this Code section shall constitute a lien against that portion of the property to which the penalty has been applied under subsection (m) of this Code section and shall be collected in the same manner as unpaid ad valorem taxes are collected. Except as provided in subsection (n) of this Code section, such penalties and interest shall be distributed pro rata to each taxing jurisdiction wherein conservation use assessment under this Code section has been granted based upon the total amount by which such conservation use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section. (p) The penalty imposed by subsection (m) of this Code section shall not apply in any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent domain; (2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or (3) The death of an individual qualified owner who was a party to the covenant. (q) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of timber; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any forestry conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the qualified owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such qualified owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for forest land conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from WEDNESDAY, FEBRUARY 17, 2010 727 ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No qualified owner shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; or (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres of every unit of 2,000 acres, for the purpose of placing thereon a cellular telephone transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value. (r) In the following cases, the penalty specified by subsection (m) of this Code section shall not apply and the penalty imposed shall be the amount by which conservation use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (m) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the qualified owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors or boards of assessors, if applicable, shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner has renewed without an intervening lapse at least once the covenant for land conservation use, has reached the age of 65 or older, and has kept the property in the qualifying use under the renewal covenant for at least three years. Such election shall 728 JOURNAL OF THE HOUSE be in writing and shall not become effective until filed with the county board of tax assessors or boards of assessors, if applicable; or (4) Any case in which a covenant is breached solely as a result of a qualified owner electing to discontinue the property in its qualifying use, provided such qualified owner entered into the covenant for forest land conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in the qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors where the property is located. (s) Property which is subject to forest land conservation use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classification shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to conservation use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property subject to conservation use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by qualified owners. (t) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and the Senate Finance, Natural Resources and Environment, and Agriculture and Consumer Affairs committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant. (u) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any 15 year covenant period expires and the property does not qualify for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors where the property is located who shall approve WEDNESDAY, FEBRUARY 17, 2010 729 the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the such board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms. (w) The commissioner shall have the power to make and publish reasonable rules and regulations for the implementation and enforcement of this Code section. Without limiting the commissioner's authority with respect to any other such matters, the commissioner may prescribe soil maps and other appropriate sources of information for documenting eligibility as a forest land conservation use property. The commissioner also may provide that advance notice be given to a qualified owner of the intent of a board of tax assessors to deem a change in use as a breach of a covenant." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks N Bruce Y Bryant N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey E Dickson N Dobbs N Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd N Fludd 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 N Johnson Y Jones, J N Jones, S 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 N Morgan Y Morris N Mosby Murphy Y Neal Y Nix N Oliver E Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson 730 JOURNAL OF THE HOUSE Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Franklin N 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 E Kaiser Y Keen Y Keown Y Kidd 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 O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker E Weldon Y Wilkinson E Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 139, nays 26. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 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. 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 for a pilot program 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 WEDNESDAY, FEBRUARY 17, 2010 731 regulations; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising Code Section 21-2-387, which is reserved, as follows: "21-2-387. (a) The Secretary of State shall develop and implement a pilot program for the electronic transmission, receipt, and counting of absentee ballots by 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, for use in a general election and general election runoff. (b) Such pilot program shall provide, at a minimum, for: (1) The encryption of information and the transmission of such information over a secure network; (2) The authentication of such information; (3) The verification of the identity and eligibility of the elector to vote in the election or runoff, as the case may be; (4) The protection of the privacy, anonymity, and integrity of the ballots cast; (5) The prevention of the casting of multiple ballots by the same elector in an election; (6) The prevention of any tampering, abuse, fraudulent use, or illegal manipulation of such system; (7) The uninterrupted reliability of such system for casting ballots by qualified voters; (8) The capability of the elector to determine if the electronic transmission of the ballot was successful; (9) The ability to audit such ballots and to verify that such ballots were properly counted; and (10) The ability to verify that the information transmitted over the secure network was not viewed or altered by sites that lie between the voting location and the vote counting destination. (c) The Secretary of State shall develop procedures by which persons who are eligible to utilize the pilot program to vote shall be notified of its availability and the procedures and methods for its utilization. (d) The Secretary of State and the State Election Board are authorized to promulgate such rules and regulations as necessary to implement the provisions of this Code section. (e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later 732 JOURNAL OF THE HOUSE than 90 days following the general election and general election runoff in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future elections. (f) The pilot program shall be used in the first general election and general election runoff following: (1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and (2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such general election and general election runoff. (g) This Code section shall be repealed by operation of law on July 1 of the year following the conclusion of the pilot program Reserved." 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake E Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas WEDNESDAY, FEBRUARY 17, 2010 733 Y Byrd Y Carter 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 E 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 Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Thompson VACANT Y Walker E Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. House of Representatives Atlanta, Georgia 30334 HB 665 contains an unconstitutional delegation of legislative authority to the executive branch. /s/ Bobby Franklin By unanimous consent, HB 703 having been previously postponed, was again postponed until tomorrow. The following Resolution of the House was read and referred to the Committee on Rules: HR 1445. By Representatives Mitchell of the 88th, Brooks of the 63rd, Taylor of the 55th and Ashe of the 56th: A RESOLUTION recognizing and commending General Larry Platt 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 1436. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Lindsey of the 54th, Willard of the 49th, McCall of the 30th and others: 734 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and memory of Mr. John Augustus Wayt, Jr.; and for other purposes. HR 1437. By Representatives Brooks of the 63rd, Morgan of the 39th, Abdul-Salaam of the 74th and Mangham of the 94th: A RESOLUTION honoring the life and memory of Mr. Richard Howard Grigsby; and for other purposes. HR 1438. By Representatives Day of the 163rd, Talton of the 145th, Ralston of the 7th, Horne of the 71st, Martin of the 47th and others: A RESOLUTION commending police chiefs and other heads of law enforcement agencies and observing a day of recognition in their honor; and for other purposes. HR 1439. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Geisinger of the 48th, Ashe of the 56th, Taylor of the 55th and others: A RESOLUTION recognizing the Building Owners and Managers Association-Atlanta and declaring February 22, 2010, as BOMA Day at the Capitol; and for other purposes. HR 1440. By Representative Day of the 163rd: A RESOLUTION congratulating Grace Palmer on being named a Distinguished Finalist in the Prudential Spirit of Community Awards and commending her on her service to the community; and for other purposes. HR 1441. By Representative Stephens of the 164th: A RESOLUTION commending the National Rural Electric Cooperative Association and recognizing its 2010 annual meeting in Georgia; and for other purposes. HR 1442. By Representative Walker of the 107th: A RESOLUTION recognizing and commending Coach Clint McAbee; and for other purposes. WEDNESDAY, FEBRUARY 17, 2010 735 HR 1443. By Representative Dempsey of the 13th: A RESOLUTION recognizing February 18, 2010, as Parkinson's Day at the state capitol; and for other purposes. HR 1444. By Representatives Collins of the 95th, Dawkins-Haigler of the 93rd, Mangham of the 94th, Ralston of the 7th, Jordan of the 77th and others: A RESOLUTION declaring Wednesday, February 17, 2010, as Lupus Awareness Day at the state capitol; and for other purposes. By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Banks & Banking and referred to the Committee on Intragovernmental Coordination: SB 296. By Senator Seabaugh of the 28th: 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 rename the Office of Treasury and Fiscal Services as the Office of the State Treasurer and to rename the director of the Office of Treasury and Fiscal Services as the state treasurer; to amend various other titles of the Official Code of Georgia Annotated to conform with such changes; to provide an effective date; to repeal conflicting laws; 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation: SR 12 Do Pass Respectfully submitted, /s/ Parsons of the 42nd Chairman Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: 736 JOURNAL OF THE HOUSE 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 1101 Do Pass, by Substitute Respectfully submitted, /s/ Coan of the 101st 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 956 Do Pass, by Substitute HR 178 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th 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 199 Do Pass, by Substitute HB 1002 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman WEDNESDAY, FEBRUARY 17, 2010 737 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 958 Do Pass, by Substitute SB 324 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 960 Do Pass, by Substitute HB 1150 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: 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 1019 Do Pass 738 JOURNAL OF THE HOUSE 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 2:00 o'clock, tomorrow afternoon. THURSDAY, FEBRUARY 18, 2010 739 Representative Hall, Atlanta, Georgia Thursday, February 18, 2010 The House met pursuant to adjournment at 2:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Abrams Allison Amerson Anderson Ashe Austin Baker Barnard Battles E Beasley-Teague E Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Byrd Carter E Casas Chambers Channell Cheokas Coleman Collins, T Cooper Cox Crawford Dawkins-Haigler Dempsey E Dickson Dobbs Dodson Dollar Dooley Drenner 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 Henson E Hill, C Hill, C.A Holt Horne Houston Hudson Hugley Jackson Jacobs James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keown Kidd Knight Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin E Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morris Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Pruett Purcell Ramsey E Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier E Setzler Shaw Sheldon Sims, B E Sinkfield Smith, E Smith, K Smith, R Smith, T Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson E Willard Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Burkhalter of the 50th, Coan of the 101st, Cole of the 125th, Collins of the 27th, Day of the 163rd, Floyd of the 99th, Golick of the 34th, Howard of the 121st, Keen of the 179th, Knox of the 24th, Millar of the 79th, Morgan of the 39th, Mosby of the 90th, Powell of the 29th, Smith of the 70th, Smyre of the 132nd, and Walker of the 107th. They wish to be recorded as present. 740 JOURNAL OF THE HOUSE Prayer was offered by Dr. Stephen Peeples, Pastor, Roopville Road Baptist Church, Roopville, 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 1219. 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. THURSDAY, FEBRUARY 18, 2010 741 HB 1220. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend Code Section 44-3-76 of the Official Code of Georgia Annotated, relating to compliance with condominium instruments, rules, and regulations, so as to prevent an association from prohibiting the display of a for sale sign by a unit owner; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1221. 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 1222. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1223. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the State Employees' Assurance Department may insure, reinsure, or otherwise contract for assumption of liabilities in regard to its undertakings to provide group term life insurance for members of the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System; to provide for obligations of the department; to provide for the return of funds to such retirement systems; to provide that the boards of trustees of such retirement systems shall dispose of such funds in a certain manner; to provide for related matters; to repeal conflicting laws; and for other purposes. 742 JOURNAL OF THE HOUSE Referred to the Committee on Retirement. HB 1224. By Representatives Hamilton of the 23rd, Rice of the 51st, Day of the 163rd, Collins of the 27th, Levitas of the 82nd 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 provide a defense for drivers who no longer have a vision condition warranting restricted driving; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1225. By Representatives Horne of the 71st, Smith of the 70th, Bearden of the 68th, Brooks of the 63rd, Nix of the 69th and others: A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1226. By Representative Walker of the 107th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for a temporary registration for certain motor vehicles under certain circumstances; to provide for the manner of issuance, length, and conditions of such temporary registration; 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 1227. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxation, so as to provide for a tax on the retail sale or use of any ticket or other right of admission to a high school or college athletic event; to define a THURSDAY, FEBRUARY 18, 2010 743 term; to provide for the amount of the levy and for administration and collection; 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 1228. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd, Long of the 61st, Day of the 163rd and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure generally, so as to allow for the right of redemption of foreclosed mortgages under certain circumstances; to provide for certain information to be included in the advertisements of certain foreclosure sales; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1229. By Representatives Neal of the 1st, Day of the 163rd, Frazier of the 123rd and Horne of the 71st: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to authorize the State Personnel Administration to conduct fingerprint based searches of criminal history records of the Georgia Crime Information Center, a division of the Georgia Bureau of Investigation, and the Federal Bureau of Investigation for persons applying for certain positions of trust within state government; to provide for the authority of the Georgia Crime Information Center Council; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1230. By Representatives Neal of the 1st, Scott of the 2nd, Day of the 163rd, Horne of the 71st and Frazier of the 123rd: 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 Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency 744 JOURNAL OF THE HOUSE management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; 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 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; 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 1232. By Representatives Dawkins-Haigler of the 93rd, Benton of the 31st, Mosby of the 90th, Bruce of the 64th and Williams of the 89th: A BILL to be entitled an Act to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students in elementary and secondary education, so as to provide for parent conferences when a student receives a failing grade on two consecutive report cards in a subject or course; to provide for proceedings against a parent or guardian who fails to attend such conference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review THURSDAY, FEBRUARY 18, 2010 745 of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1234. By Representatives Hamilton of the 23rd, Meadows of the 5th, England of the 108th, Collins of the 27th, Powell of the 171st and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, so as to limit the term of office of members to two years; to provide for related matters; to provide for a conditional effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1235. By Representatives Reese of the 98th, Coan of the 101st, Mills of the 25th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to the refusal to make an anatomical gift, so as to specify that the absence of any indication of an intent to make an anatomical gift shall constitute a refusal to do so; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1237. By Representative Willard of the 49th: 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 746 JOURNAL OF THE HOUSE 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 for effect in the event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. HB 1238. By Representatives Jerguson of the 22nd, Hill of the 21st, Austin of the 10th, Allison of the 8th, Horne of the 71st and others: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide a short title; to provide a legislative declaration of authority; to define certain terms; to provide that a firearm manufactured and located in Georgia shall not be subject to federal law or regulations; to provide for exceptions; to provide for marking firearms manufactured in Georgia; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1239. By Representatives Neal of the 1st, Stephens of the 164th and Parrish of the 156th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a program of tax refunds for companies creating new tourism attractions; to provide for a short title; to provide for definitions; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for agreements; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of community affairs and the Department of Community Affairs and the governing authorities of counties and municipalities; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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. THURSDAY, FEBRUARY 18, 2010 747 HB 1240. By Representatives Parsons of the 42nd and Manning of the 32nd: 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 the determination of proper addresses using ZIP Codes; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1241. By Representatives May of the 111th, Smith of the 129th and Hugley of the 133rd: 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 the order in which Georgia income tax credits shall be applied on a taxpayer's return; to provide for procedures, conditions, and limitations; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1242. By Representatives Hamilton of the 23rd, Sheldon of the 105th, Rogers of the 26th, England of the 108th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding ethics in government, so as to provide that members of the State Transportation Board are public officers for the purposes of Chapter 5 of Title 5, relating to ethics in government; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1243. By Representatives Rice of the 51st, Mills of the 25th, Keen of the 179th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to provide for a fee with respect to money received for wire transmission; to provide for procedures, conditions, and limitations; to provide for legislative intent; to prohibit certain conduct to avoid or evade such fee; to provide for powers, duties, and authority of the 748 JOURNAL OF THE HOUSE commissioner of banking and finance with respect to the foregoing; 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 wire transmission fees; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1244. 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 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 1245. By Representative Martin of the 47th: 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 provide for audits of books of accounts on the basis of tests or samples; 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 1246. By Representatives Dooley of the 38th, Willard of the 49th, Sims of the 169th, Buckner of the 130th, Wilkinson of the 52nd 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 state sales and use taxes, so as to provide for applicability of sales and use taxes to certain advertising agreements regarding outdoor advertising; to provide for definitions; 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. THURSDAY, FEBRUARY 18, 2010 749 HB 1247. By Representatives Stephens of the 164th and Parrish of the 156th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to revise and change the income tax credit with respect to qualified, film, video, or digital productions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1248. By Representatives Harden of the 28th, Peake of the 137th, Austin of the 10th, Rice of the 51st and Ramsey of the 72nd: A BILL to be entitled an Act to amend Code Section 40-2-152 of the Official Code of Georgia Annotated, relating to fees for apportionable vehicles, so as to provide for the payment of an ad valorem fee payable at the time of payment of the annual fee for such 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 1249. By Representatives Lunsford of the 110th, Stephens of the 164th and Graves of the 12th: 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 from local ad valorem taxes assessed on certain tangible real property for certain businesses providing new jobs; to provide for qualifications for such businesses; to provide for procedures for the approval for such exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1434. By Representative Cole of the 125th: A RESOLUTION honoring the life of Charles Thomas Edwards and dedicating a bridge in his memory; and for other purposes. 750 JOURNAL OF THE HOUSE Referred to the Committee on Transportation. HR 1435. By Representatives Stephens of the 164th, Parrish of the 156th, Harden of the 147th and Channell of the 116th: A RESOLUTION creating the House Study Committee on Hotel-Motel Tax and a citizens advisory council for such committee; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1446. By Representatives Hamilton of the 23rd, Meadows of the 5th, England of the 108th, Collins of the 27th, Powell of the 171st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that members of the State Transportation Board shall be elected to serve a term of two years; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Transportation. HR 1448. By Representatives Lunsford of the 110th, Stephens of the 164th, Graves of the 12th, Neal of the 1st, Horne of the 71st and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that counties and municipalities may provide exemptions from ad valorem taxation for certain projects that produce net jobs for the jurisdiction providing the exemption; 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 Special Committee on Small Business Development and Job Creation. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189 HB 1190 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208 HB 1209 HB 1210 THURSDAY, FEBRUARY 18, 2010 751 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202 HB 1203 HB 1211 HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HR 1410 HR 1432 SB 148 SB 339 SB 374 Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1400 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Hamilton of the 23rd 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 413 Do Pass, by Substitute HB 1073 Do Pass, by Substitute HR 1401 Do Pass 752 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Hamilton of the 23rd 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 1142 HB 1151 HB 1156 HB 1157 Do Pass Do Pass Do Pass Do Pass HB 1169 Do Pass HB 1176 Do Pass SB 376 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 897 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: THURSDAY, FEBRUARY 18, 2010 753 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 988 Do Pass, by Substitute HB 990 Do Pass, by Substitute HB 1072 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report: Mr. Speaker: Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 979 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1050 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman 754 JOURNAL OF THE HOUSE Representative Lunsford of the 110th District, Chairman of the Special Committee on Small Business Development, submitted the following report: Mr. Speaker: Your Special Committee on Small Business Development 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 1023 Do Pass, by Substitute Respectfully submitted, /s/ Lunsford of the 110th 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 993 Do Pass, by Substitute HB 1013 Do Pass HB 1041 Do Pass HB 1135 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, FEBRUARY 18, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below: THURSDAY, FEBRUARY 18, 2010 755 DEBATE CALENDAR Open Rule HB 867 Commission on Regional Planning; create; provide for membership and duties (Substitute)(ED&T-Stephens-164th) Modified Open Rule None Modified Structured Rule HB 901 HB 977 HB 981 Repeat offenders; fourth felony offense punishment; change provisions (JudyNC-Levitas-82nd) Quality Basic Education Act; state funds for salary increase; prohibit (Substitute)(Ed-Rynders-152nd) Law enforcement vehicles; painted solid color; authorize (Substitute)(PS&HS-Chambers-81st) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 6tth Chairman By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1142. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 provide for compensation of members of the 756 JOURNAL OF THE HOUSE board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1151. By Representatives Hill of the 180th and Smith of the 168th: A BILL to be entitled an Act to provide for a homestead exemption from City of St. Marys ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a prior homestead 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 1156. By Representatives Bearden of the 68th, Butler of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Temple; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1157. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 THURSDAY, FEBRUARY 18, 2010 757 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1169. By Representative Porter of the 143rd: A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 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 1176. 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 an effective date; to 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 376. By Senator Douglas of the 17th: A BILL to be entitled an Act to create the Covington Municipal Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership 758 JOURNAL OF THE HOUSE and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for an effective date; to 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 action thereon: 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 following Senate substitute was read: A BILL 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 the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for an independent city school system; to provide for franchises, THURSDAY, FEBRUARY 18, 2010 759 service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.01. Name. This city and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "Bremen, Georgia", and by that name shall have perpetual succession. SECTION 1.02. Corporate Boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Clerk of the City of Bremen and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Bremen, Georgia." Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.03. Powers and Construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. 760 JOURNAL OF THE HOUSE (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. SECTION 1.04. Examples of Powers. (a) Animal Regulations. To regulate and license or to prohibit the keeping or running atlarge of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, as granted to municipalities under general law of the State of Georgia, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (h) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; THURSDAY, FEBRUARY 18, 2010 761 (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (k) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (p) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; 762 JOURNAL OF THE HOUSE (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (x) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency; (y) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public Improvements. To provide for the acquisition by purchase, prescription, dedication or donation, and the construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial and economically feasible; (cc) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon the rights-of-way of streets and roads, within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-ofway throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; THURSDAY, FEBRUARY 18, 2010 763 (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, adult entertainment establishments, and massage parlors; (jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs and Other Public Transportation. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban Redevelopment. To organize and operate an urban redevelopment program; (oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. 764 JOURNAL OF THE HOUSE SECTION 1.05. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE GENERALLY LEGISLATIVE BRANCH A. Creation. SECTION 2.01. City Council Creation; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four (4) council-members. The council members shall be elected by city wide - at large elections. Each duly elected council member will occupy a seat on the council to be designated as Seat One, Seat Two, Seat Three and Seat Four, respectively. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and council-members shall be elected in the manner provided by general law and this charter. B. Terms and Qualifications for Office. SECTION 2.02. City Council Terms and Qualifications for Office. The members of the city council shall serve for terms of 4 years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of councilmember. A duly elected councilmember shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. C. Vacancies in Office. SECTION 2.03. Vacancy; Filling of Vacancies. THURSDAY, FEBRUARY 18, 2010 765 (a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.04 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted. D. Compensation and Expenses. SECTION 2.04. Compensation and Expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance. E. Prohibitions. SECTION 2.05. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, as defined by state law, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, 766 JOURNAL OF THE HOUSE however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote on any contract with any business or entity in which the official has a significant financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. (g) Political Activities of Councilmember and Certain Officers and Employees (1) No councilmember or appointive officer of the city shall continue in such position or employment upon qualifying as a candidate for nomination or election to any public office. This section shall not apply to a councilmember that qualifies as an incumbent seeking reelection to his or her seat on the council. (2) No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for Violation (1) Any city officer or employee shown to have knowingly concealed such financial interest or knowingly violated any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. THURSDAY, FEBRUARY 18, 2010 767 (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. F. Inquiries and Investigations. SECTION 2.06. Inquiries and Investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. This provision is intended to allow the council to conduct comprehensive investigations of the city's affairs as well as the conduct of any of its departments, offices or agencies so as to maintain proper legislative oversight of city government. The inquiries and investigations authorized may only be conducted by the council, not individual council members, and only for the purposes of an official investigation. G. General Power and Authority. SECTION 2.07. General Power and Authority of the City Council. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. H. Eminent Domain. SECTION 2.08. Eminent Domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, educational, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES I. Meetings. SECTION 2.09. Organization. 768 JOURNAL OF THE HOUSE (a) The city council shall hold an organizational meeting at the first regular meeting in the first full month following the passage and adoption of this charter; provided however, that the mayor and council members in office at the time of adoption of this charter shall continue in office until that date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any and all newly elected members as follows: "I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America." (b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tem shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.05. SECTION 2.10. Regular and Special Meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two (2) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. J. Procedures. SECTION 2.11. Rules of Procedure. THURSDAY, FEBRUARY 18, 2010 769 (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be nominated and appointed by the mayor with the approval of council and shall serve at the pleasure of the city council. The mayor shall have the power to recommend and appoint, with the approval of council, new members to any committee at any time. SECTION 2.12. Quorum: Voting. Three councilmembers, or two councilmembers and the Mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three (3) councilmembers (or two councilmembers and the Mayor only when the Mayor has been counted as a member for purposes of a quorum) shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote. K. Ordinances. SECTION 2.13. Ordinance Form; Procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Bremen" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.14. Action Requiring An Ordinance. Acts of the city council that have the force and effect of law shall be enacted by ordinance. 770 JOURNAL OF THE HOUSE SECTION 2.15. Emergencies, Emergency Ordinances, Procedures and Limitations. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two (2) councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with section 50-14-1, as amended, of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. SECTION 2.16. Codes of Technical Regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.17(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.17. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. SECTION 2.17. Signing; Authenticating; Recording; Codification; Printing. THURSDAY, FEBRUARY 18, 2010 771 (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Bremen, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. L. Council-Manager Form of Government. SECTION 2.18. City Manager; Appointment; Qualifications; Compensation. The city council shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. SECTION 2.19. Removal of City Manager. The city manager is employed at will and may be summarily removed from office at any time by the city council. SECTION 2.20. Acting City Manager. By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such 772 JOURNAL OF THE HOUSE designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease. SECTION 2.21. Powers and Duties of the City Manager. The city manager shall be the chief administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief administrative officer, the manager shall: (a) appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (b) direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (c) attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline or removal of the city manager and have the right to take part in discussion but not vote; (d) see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (e) prepare and submit the annual operating budget and capital budget to the city council; (f) submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (g) make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the manager's direction and supervision; (h) keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (i) perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.22. Council Interference with Administration. Except for the purpose of inquiries and investigations under Section 2.06, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city THURSDAY, FEBRUARY 18, 2010 773 council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.23. Election of Mayor; Forfeiture; Compensation. The mayor shall be elected and serve for a term of 4 years and until a successor is elected and qualified. No person shall be eligible to serve as mayor unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of mayor. A duly elected mayor shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.24. Powers and Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the chief executive officer and head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (c) have power to administer oaths and to take affidavits; (d) sign as a matter of course on behalf of the city all written and approved contracts, ordinances and other instruments executed by the city which by law, this charter or city ordinances are required to be approved by the city council and to be in writing; (e) represent the city in intergovernmental relations; (f) appoint members of citizen advisory boards and commissions with the advice and consent of the council, and make recommendations to the city council concerning the appointment of members of regulatory agencies, boards, or authorities whose members are subject to appointment and approval by the city council; (g) present an annual state of the city message; (h) recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (i) call special meetings of the city council as provided for in Section 2.10(b); (j) approve or disapprove ordinances as provided in Section 2.25; (k) provide for an annual audit of all accounts of the city; 774 JOURNAL OF THE HOUSE (l) require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (m) fulfill such other executive and administrative duties as the city council shall by ordinance establish, or as may be required by law, this charter, or by ordinance. SECTION 2.25. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three (3) members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) above. SECTION 2.26. Limitation on Terms of Service. There shall be no limitation on the terms of election for a mayor or a member of the council. ARTICLE III ADMINISTRATIVE AFFAIRS ORGANIZATIONAL AND GENERAL PROVISIONS SECTION 3.01. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant THURSDAY, FEBRUARY 18, 2010 775 all non-elective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance, or as set out in the duly adopted budget for the fiscal year. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance. SECTION 3.02. Boards, Commissions and Authorities. (a) The city council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three (3) members of the city council, or in the event of a tie vote, by the vote of two (2) members of the council and the affirmative vote of the Mayor, unless otherwise provided by law. 776 JOURNAL OF THE HOUSE (h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. (i) Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city. ADMINISTRATIVE OFFICERS SECTION 3.03. City Attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. SECTION 3.04. City Clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the City Manager. The City Clerk shall report to the City Manager. PERSONNEL ADMINISTRATION SECTION 3.05. Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. THURSDAY, FEBRUARY 18, 2010 777 SECTION 3.06. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH MUNICIPAL COURT SECTION 4.01. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Bremen. SECTION 4.02. Chief Judge; Associate Judge. (a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.11. SECTION 4.03. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.04. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. 778 JOURNAL OF THE HOUSE (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of One Thousand ($1000.00) dollars or imprisonment for six (6) months or both such fine and imprisonment, or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by state law for municipal courts within the State of Georgia. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners as provided by state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Haralson or Carroll County (depending upon the location of the offense which forms the substance upon which the THURSDAY, FEBRUARY 18, 2010 779 decision and judgment appealed from was rendered) under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for Court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL ELECTIONS A. General Law. SECTION 5.01. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or hereafter amended. B. Election of Officers. SECTION 5.02. Election of the City Council and Mayor. (a) There shall be a municipal general election biennially in the even numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two (2) councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Elections for the office of Mayor and for positions on the council designated as Seat Three and Seat Four shall be held on the same date and year as the election for the governor of the State of Georgia. Elections for positions on the council designated as Seat One and Seat Two shall be held two years thereafter. SECTION 5.03. Non-Partisan Elections. 780 JOURNAL OF THE HOUSE Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations. SECTION 5.04. Election by Plurality. The person receiving a plurality of the votes cast for any city office shall be elected. C. Vacancies. SECTION 5.05. Special Elections; Vacancies. In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended. D. Other Provisions. SECTION 5.06. Other Provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code. REMOVAL OF OFFICERS SECTION 5.07. Removal of Officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten (10) days after THURSDAY, FEBRUARY 18, 2010 781 the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Haralson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Haralson County following a hearing on a complaint seeking such removal brought by a minimum of five (5) residents of the city. ARTICLE VI FINANCE GENERALLY TAXATION AND VARIOUS FEES A. Property Taxes. SECTION 6.01. Property Tax. The city council may levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county within which the property is situate. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.02. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. B. Occupation Taxes and Regulatory Fees. SECTION 6.03. Occupation and Business Taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.09. 782 JOURNAL OF THE HOUSE SECTION 6.04. Regulatory Fees; Permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.09. SECTION 6.05. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. SECTION 6.06. Service Charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.09. SECTION 6.07. Special Assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, THURSDAY, FEBRUARY 18, 2010 783 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.09. SECTION 6.08. Construction; Other Taxes and Fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. C. Collection of Delinquent Taxes. SECTION 6.09. Collection of Delinquent Taxes and Fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.01 through 6.08 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; refusal to issue city permits or revocation of city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. BORROWING SECTION 6.10. General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.11. Revenue Bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. SECTION 6.12. Short-Term Loans. 784 JOURNAL OF THE HOUSE The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.13. Lease-Purchase Contracts. The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted. ACCOUNTING AND BUDGETING SECTION 6.14. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government. SECTION 6.15. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan and a capital budget, including requirements as to the scope, content and form of such budgets and plans. SECTION 6.16. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. THURSDAY, FEBRUARY 18, 2010 785 SECTION 6.17. Action by City Council on Budget. (a) The city council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.15. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 6.18. Tax Levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.19. Changes in Appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.20. Capital Budget. 786 JOURNAL OF THE HOUSE (a) On or before the date fixed by the city council but no later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.15. (b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.21. Independent Audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public. PROCUREMENT AND PROPERTY MANAGEMENT SECTION 6.22. Contracting Procedures. Except in an emergency situation, no contract with the city in excess of fifty thousand ($50,000) Dollars, shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (c) it is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.11, provided however, in the event of an emergency, the contract may be submitted to the City Council at the next regularly scheduled meeting of Mayor and Council for review and ratification. SECTION 6.23. Centralized Purchasing. THURSDAY, FEBRUARY 18, 2010 787 The city council shall by ordinance prescribe procedures for a system of centralized purchasing and contracting for the city. SECTION 6.24. Sale and Lease of City Property. (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII INDEPENDENT CITY SCHOOL SYSTEM SECTION 7.01. Acknowledgment of Establishment of Bremen Public School System and Authority to Continue and Maintain the Bremen Public School System. (a) Be it acknowledged that pursuant to the authority granted to the mayor and council of the city under the provisions of the Charter of 1907 Ga. Laws page 475, Section 6 with subsequent ratification by an affirmative vote in excess of two-thirds of the qualified voters of the city, the City of Bremen has heretofore established an independent public school system for the City of Bremen and organized a school board for the governance of said school system, known as the Bremen Public School System. (See, 1907 Ga. Laws, page 475, Section 6) (b) Be it further acknowledged that Article VIII, Section V, paragraph I of the Constitution of this State authorizes and empowers the City to continue the Bremen Public School System as an independent school system whose borders are the same as the City of Bremen. 788 JOURNAL OF THE HOUSE (c) Be it further acknowledged that the independent school system known as the Bremen Public School System has continued to operate and has not ceased in its functions and duties since its creation. (d) Be it enacted by the authority aforesaid that the Board of Education of the City of Bremen is hereby authorized and empowered, and the sole authority is granted to the Board of Education to continue to, maintain and control the Bremen Public School System, as an independent public school system in the city, through local taxation and other means of support as permitted by Georgia law and in conformity with and as permitted by Article VIII, Section V, paragraph I of the Constitution of this State. SECTION 7.02. Qualification of Members; Terms; and Election of Board of Education. The Board of Education of the City of Bremen shall consist of five members elected by city wide - at large elections. Each duly elected board member will occupy a seat on the Board designated as post #1, post #2, post #3, post #4 and post #5, respectively of the Board of Education of the City of Bremen. The members of the board of education shall serve for terms of 4 years and until their respective successors are elected and qualified. No person shall be eligible to serve as a member of the board unless that person shall be a citizen of the United States of America; have attained the age of 21 years; and have established his or her domicile within the city, so as to be a legal resident of the city, for the 12 consecutive months prior to the first day of the period of time set for qualification as a candidate for the office of board member. A duly elected member shall continue to reside within the city during that individual's period of service and shall continue to be registered and qualified to vote in municipal elections of this city. Anyone seeking election to the board of education of said city shall designate the particular post for which he seeks to be elected and the person receiving a plurality of the votes cast for such post shall be elected. The members of the board of education presently serving in office shall continue to serve out their respective terms of office. Thereafter, successors to such education posts shall be elected at the November election in the year that the terms of office expire for a four-year term beginning on January 1 immediately following such election. The Board of Education and the election of the members of the Board of Education of the Bremen Public School System shall be governed by all applicable Local Acts and applicable state law. SECTION 7.03. Organization of Board of Education. Be it further enacted by the authority aforesaid, that the officers of said board of education shall be as provided by law and the policies of the Board of Education. SECTION 7.04. Powers of Board of Education. THURSDAY, FEBRUARY 18, 2010 789 Be it further enacted by the authority aforesaid, the Board of Education of the Bremen Public School System is hereby vested with the authority and power provided for in the Georgia Constitution and any applicable Local Acts and state law applicable to both county and independent school districts. SECTION 7.05. Duties of Board of Education. Be it further enacted by the authority aforesaid, that said board of education shall faithfully perform the duties prescribed under the Local Acts and under any applicable state law. In addition thereto the Board of Education shall: (a) Annually make, through its treasurer, a report to the mayor and council of the city, with a full itemized statement of all the moneys received and expended by said board, and present vouchers and receipts therefor as may be requested by the mayor and council. This report shall contain an estimate of the amount of funds required for the proper conduct of said school for the ensuing year; and, (b) Form and participate in a joint committee between the board and the mayor and council of the city of such members as the board of education and the city council shall agree. The committee shall meet at least twice annually in order to review the financial status of both governmental agencies, to examine the amount of taxes levied by both agencies and the tax burden on business and property owners, to consider tax exceptions and to otherwise review the tax burden on its citizens, and to make appropriate recommendations to the board and council as to these matters. SECTION 7.06. Superintendent; Appointment; Qualifications; Compensation. The Board of Education shall employ a Superintendent for a definite term, as permitted by state law, and shall fix the Superintendent's compensation. SECTION 7.07. Superintendent; Method of Hiring and Removal. The board of education is empowered to enter into a contractual agreement with a candidate for Superintendent of the system upon terms and conditions mutually agreeable to the board and the candidate for Superintendent. SECTION 7.08. Powers and Duties of the Superintendent. The Superintendent shall be the chief administrative officer of the Bremen Public School System. The Superintendent shall be responsible to the board for the administration of all school system affairs placed in the Superintendent's charge by or under this charter. As 790 JOURNAL OF THE HOUSE the chief administrative officer of the school system, the superintendent shall faithfully perform the duties prescribed by the Board and by all applicable state laws and by contract with the Board of Education. SECTION 7.09. Board of Education Interference with Administration. Except for the purpose of inquiries and investigations of the actions of the Superintendent, the school board and its members shall deal with teachers, staff, and employees of the school system who are subject to the direction and supervision of the Superintendent solely through the superintendent, and neither the board of education nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 7.10. Title to and Control of School Property. Be it further enacted by the authority aforesaid, that said board of education is authorized and empowered to receive, hold, apply, sell or expend any donation, gift or bequest of property of any kind, real or personal, made to said board or to said city for school purposes, for the benefit of the Bremen Public School System. Title to all property utilized or occupied by the Bremen Public School System or the Board of Education of the City of Bremen for school purposes shall be vested in the Board of Education of the City of Bremen and the board of education shall have the power to hold, manage, control and dispose of such property. SECTION 7.11. Compensation of school board. Be it further enacted by the authority aforesaid, that no officer of said board shall have any compensation for his services except the treasurer, whose compensation shall be fixed by the board of education prior to his election and qualification. Subject to the approval of the board, board members may be entitled to receive appropriate per diem, insurance and expenses as provided by O.C.G.A. Section 20-2-55, as amended. SECTION 7.12. Accounting and payment of school taxes to board of education. All taxes collected by the City of Bremen for or on behalf of the Bremen City Schools shall be accounted for and paid over to the board of education of the Bremen City Schools on a monthly basis. An accounting of the taxes collected each month shall be made available to the Board upon request. The Board of Education and the City Council by intergovernmental agreement shall prorate the cost of collecting ad valorem taxes THURSDAY, FEBRUARY 18, 2010 791 levied for the operation of city government and the operation of the Bremen Public School System. SECTION 7.13. School tuition. Be it further enacted by the authority aforesaid, that all students within the age range established by state law who are bona fide residents of the City of Bremen shall be entitled to the benefits of the school system, and no such child or children shall be required to pay any tuition for such course of study as is now provided by law in the public schools of the several counties of this State, but the board of education may, in their discretion, require children living outside of the limits of said city to pay tuition for educational benefits afforded to them for and during the school term at a fee to be established on an annual basis by the Board of Education. All such tuition shall become a part of the fund for the maintenance of said public school system, and must be used and accounted for as shall likewise any other fee. SECTION 7.14. Funds as Trust Funds. Be it further enacted by the authority aforesaid, that all assessments of taxes and all funds arising from or collected under this Act shall be by the City of Bremen kept separate and distinct from other assessments and collections of the City of Bremen, and are to be used solely for the purposes herein designated, and the City of Bremen shall keep a separate, full and distinct itemized account showing all moneys raised, when, how, and from whom and for what purposes and the disposition of the same; and to whom, when and for what purposes paid out. ARTICLE VIII GENERAL PROVISIONS BONDS FOR OFFICIALS SECTION 8.01. Bonds for Officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 8.02. Existing Ordinances, Resolutions, Rules and Regulations. 792 JOURNAL OF THE HOUSE All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council. SECTION 8.03. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of ninety (90) days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. SECTION 8.04. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council. SECTION 8.05. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 8.06. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. SECTION 8.07. Repealer. THURSDAY, FEBRUARY 18, 2010 793 An Act incorporating the City of Bremen in the Counties of Haralson and Carroll approved the 30th day of December 1898 (Ga. L. 1898, Vol. 1, Page 136), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. SECTION 8.08. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8.09. General Repealer. All laws and parts of laws in conflict with this Act are repealed. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. 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 Y Beasley-Teague E Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Scott, A Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard 794 JOURNAL OF THE HOUSE 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 Loudermilk Y Lucas Y Lunsford Maddox, B Maddox, G Y Mangham E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 162, nays 0. The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate 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: SB 50. By Senators Hudgens of the 47th, Hawkins of the 49th and Smith of the 52nd: 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 definitions; to provide for applicability; to provide for the registration of certain contracting entities; to prohibit access to a provider's health care services and contractual discounts by certain contracting entities under certain circumstances; to provide certain requirements for contracting entities; to provide for the rights and responsibilities of third parties; to prohibit unauthorized access to provider network contracts; to provide for enforcement; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 138. By Senators Wiles of the 37th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions applicable to actions, so as to provide that legislative enactments do not create a private right of action unless expressly stated therein; to provide for a short title; to repeal conflicting laws; and for other purposes. SB 341. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: 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 THURSDAY, FEBRUARY 18, 2010 795 and grants, so as to provide that a person shall be a legal resident of Georgia in order to be eligible for a HOPE GED voucher; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 353. By Senators Carter of the 1st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 363. By Senators Goggans of the 7th, Cowsert of the 46th, Hudgens of the 47th, Smith of the 52nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1120. By Senators Williams of the 19th and Rogers of the 21st: Relative to adjournment; and for other purposes Mr. Speaker: The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House: HB 947. By Representatives Ralston of the 7th, Harbin of the 118th, Jones of the 46th, Keen of the 179th, Cole of the 125th and others: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010, known as the "General 796 JOURNAL OF THE HOUSE Appropriations Act," approved May 11, 2009, as House Bill 119, Act. No. 345 (Ga. L. 2009, Vol. I, Book II). By unanimous consent, the following Bills of the Senate were introduced, read the first time and referred to the Committees: SB 50. By Senators Hudgens of the 47th, Hawkins of the 49th and Smith of the 52nd: 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 definitions; to provide for applicability; to provide for the registration of certain contracting entities; to prohibit access to a provider's health care services and contractual discounts by certain contracting entities under certain circumstances; to provide certain requirements for contracting entities; to provide for the rights and responsibilities of third parties; to prohibit unauthorized access to provider network contracts; to provide for enforcement; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 138. By Senators Wiles of the 37th, Pearson of the 51st and Hill of the 32nd: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions applicable to actions, so as to provide that legislative enactments do not create a private right of action unless expressly stated therein; to provide for a short title; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 341. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that a person shall be a legal resident of Georgia in order to be eligible for a HOPE GED voucher; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. THURSDAY, FEBRUARY 18, 2010 797 SB 353. By Senators Carter of the 1st and Thomas of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule I, II, IV, and V controlled substances; to change certain provisions relating to the definition of "dangerous drug"; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 363. By Senators Goggans of the 7th, Cowsert of the 46th, Hudgens of the 47th, Smith of the 52nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to provide that the Georgia Student Finance Authority may contract for the inclusion of employees and retiring employees of the authority and their spouses and dependent children in any state health insurance plan; to provide for the manner of payment and salary deductions and employer contributions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. The following Resolution of the Senate was read: SR 1120. By Senators Williams of the 19th and Rogers of the 21st 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 2010 regular session of the General Assembly for the period of Thursday, February 18, 2010, through Monday, March 15, 2010, shall be as follows: Thursday, February 18 ...........................................................................in session for legislative day 20 Friday, February 19 through Sunday, March 7 ................................................................ in adjournment Monday, March 8 ...................................................................................in session for legislative day 21 Tuesday, March 9 ...................................................................................in session for legislative day 22 Wednesday, March 10 ............................................................................in session for legislative day 23 Thursday, March 11 ...............................................................................in session for legislative day 24 798 JOURNAL OF THE HOUSE Friday, March 12, through Sunday, March 14 ................................................................. in adjournment Monday, March 15 .................................................................................in session for legislative day 25 BE IT FURTHER RESOLVED that on and after March 15, 2010, the periods of adjournment of the 2010 session, if any, shall be as specified by subsequent resolution of the General Assembly. BE IT FURTHER RESOLVED that the joint session previously scheduled by HR 1433 for February 24, 2010, for the purpose of hearing a message from the Chief Justice of the Supreme Court shall be rescheduled at a later date and the Secretary of the Senate shall transmit a copy of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over and supersede those of HR 1262 which shall be of no further force or effect. 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 E Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter E Casas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Dobbs Y Dodson 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 E Heckstall Y Hembree Y Henson E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker THURSDAY, FEBRUARY 18, 2010 799 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 Y 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 Pruett Y Purcell Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution was adopted. The following members were recognized during the period of Morning Orders and addressed the House: Hudson of the 124th, Dempsey of the 13th, Wix of the 33rd, and Jackson of the 142nd. By unanimous consent, HB 703 having been previously postponed, was again postponed until the next legislative day. 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 1079 Do Pass HB 1086 Do Pass, by Substitute HB 1103 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th 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: 800 JOURNAL OF THE HOUSE HB 901. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Bearden of the 68th, England of the 108th, Jerguson of the 22nd and others: A BILL to be entitled an Act to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to punishment for repeat offenders, so as to change a provision relating to punishment of persons convicted of a fourth felony offense; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Y Amerson Y Anderson Y Ashe Y Austin Y Baker E Barnard Y Battles Y Bearden N Beasley-Teague E Bell Y Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson 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 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 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 Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 N Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E 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 E Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker THURSDAY, FEBRUARY 18, 2010 801 On the passage of the Bill, the ayes were 151, nays 10. The Bill, having received the requisite constitutional majority, was passed. Representative Sheldon of the 105th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 977. By Representatives Rynders of the 152nd, Lindsey of the 54th, Millar of the 79th, Carter of the 175th, Powell of the 171st 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 prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; 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 prohibit the use of state funds to provide a salary increase for the local school superintendent or administrators during a school year in which a local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions; to require the local board to provide notice and a hearing if local or private funds are intended to be used for such salary increases; 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: "20-2-212.6. (a) If any local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions 802 JOURNAL OF THE HOUSE during any school year, such local board of education shall not use any state funds to provide a salary increase for the local school superintendent or administrators during such school year; provided, however, that this shall not apply to any step increases on the state salary schedule which are applicable to a superintendent or administrator. (b) In the event that any local board of education intends to provide a salary increase using local funds or private donations for the local school superintendent or administrators during a school year in which such local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions, the local board of education shall prior to such action: (1) Provide 30 days notice of such intention including the rationale for raising such salaries when other local board of education employees are furloughed; and (2) Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised." 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 E Barnard Y Battles Y Bearden Y Beasley-Teague E Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen 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 Y Parrish Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor THURSDAY, FEBRUARY 18, 2010 803 Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan 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 Keown Kidd 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 Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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 981. By Representatives Chambers of the 81st, Martin of the 47th and Day of the 163rd: A BILL to be entitled an Act to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize to Commissioner of the Department of Public Safety to have patrol vehicles painted a solid color; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, so as to authorize the Commissioner of the Department of Public Safety to require that patrol vehicles be painted a solid color; to require visibility of lights on Georgia State Patrol vehicles; 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 procedures for state purchasing, 804 JOURNAL OF THE HOUSE so as to exclude emergency response vehicles from the requirements relating to use of retreaded tires; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and allowing motorist to continue to safe locations before stopping for law enforcement officer vehicles, is amended by revising subsection (b) as follows: "(b) Any motor vehicle, except as hereinafter provided in this subsection, 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: (1) Require that all such motor vehicles be painted in a two-toned uniform color or a solid color. For vehicles painted in a two-toned color, the 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 extends a minimum of eight inches above the top outside of the roof of the car and 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." SECTION 2. 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 procedures for state purchasing, is amended by revising Code Section 50-5-60.3, relating to the use of retreaded tires, as follows: "50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread THURSDAY, FEBRUARY 18, 2010 805 service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable. Retreaded tires shall not be used on official state vehicles which may be used to respond to public safety emergencies." SECTION 3. This Act shall become effective on July 1, 2010, and Section 1 of this Act shall stand repealed on June 30, 2013. 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 Y Ashe Y Austin Y Baker E Barnard Y Battles Y Bearden Y Beasley-Teague E Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson 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 Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 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 Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A 806 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 Y Hatfield Y Heard Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. House of Representatives Atlanta, Georgia 30334 This version of HB 981 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 981. /s/ Bobby Franklin Representative, District 43 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 1154 Do Pass HB 1179 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: THURSDAY, FEBRUARY 18, 2010 807 HB 867. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for the membership and duties for such commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, so as to create the Commission on Regional Planning; to provide for certain exceptions; to provide for the membership and duties of such commission; 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 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional commissions, is amended by designating Code Sections 50-8-30 through 50-847 of said article as Part 1 and adding a new part to read as follows: "Part 2 50-8-50. There is created the Commission on Regional Planning. The Commission on Regional Planning shall coordinate state contract terms, identify appropriate state and federal funding for commissions in the pursuit of shared service delivery goals, coordinate planning of state and federal resource allocation and state service delivery, and identify issues and opportunities requiring state, regional, or local action. This Code section shall not apply to or affect aging programs and services that are under the authority of the Division of Aging Services of the Department of Human Services for planning and administration purposes pursuant to the federal Older Americans Act of 1965. 50-8-51. (a) The Commission on Regional Planning shall be governed by a board of directors that shall initially consist of the following members: (1) The Governor; (2) The chairperson of each council governing each commission as defined in Code Section 50-8-31; 808 JOURNAL OF THE HOUSE (3) The president or executive director of the Association County Commissioners of Georgia; (4) The president or executive director of the Georgia Municipal Association; (5) The commissioner of community affairs; (6) The commissioner of economic development; (7) The commissioner of human services; (8) The commissioner of natural resources; (9) The commissioner of transportation; (10) The director of the Environmental Protection Division; (11) The director of the Georgia Environmental Facilities Authority; (12) A designee of the Lieutenant Governor; (13) A designee of the Speaker of the House of Representatives; and (14) A designee of the State School Superintendent. (b) The Governor shall serve as chairperson of the Commission on Regional Planning. The Governor is authorized to appoint other members to the Commission on Regional Planning as appropriate. The commissioner of community affairs shall serve as executive director of the Commission on Regional Planning. The chairperson of the appropriate committees of the Senate and the House of Representatives, as determined by the Lieutenant Governor and the Speaker of the House of Representatives, respectively, may serve as ex-officio nonvoting members of the Commission on Regional Planning. 50-8-52. Each executive director of each commission established pursuant to Part 1 of this article shall act as an adviser to the Commission on Regional Planning." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. An amendment offered by Representative Davis of the 109th was ruled not germane. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Crawford N Davis Dawkins-Haigler Y Day Y Dempsey E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Manning Y Marin Y Martin Y Maxwell N May Y Scott, A Y Scott, M Y Sellier E Setzler Shaw THURSDAY, FEBRUARY 18, 2010 809 Y Ashe N Austin Y Baker E Barnard Y Battles N Bearden Y Beasley-Teague E Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter E Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C N Epps, J N Everson N 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 Harden, M N Hatfield Y Heard N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 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 Y Parrish Y Parsons Y Peake Porter N Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey E Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 135, nays 24. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Smith of the 122nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Loudermilk of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1451. By Representatives Smith of the 113th, Stephens of the 164th, Parrish of the 156th, Smith of the 129th, Keen of the 179th and others: 810 JOURNAL OF THE HOUSE A RESOLUTION recognizing and commending Kenny Rogers on his over 50 years in show business and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1452. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th, Loudermilk of the 14th, Pruett of the 144th and others: A RESOLUTION commending Reverend Warren L. Jones as the Distinguished Older Georgian for 2010 and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1453. By Representatives Stephens of the 161st, Bryant of the 160th, Williams of the 165th, Gordon of the 162nd, Purcell of the 159th and others: A RESOLUTION commending Mrs. Ella Young Scott and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1454. By Representatives Kaiser of the 59th, Morgan of the 39th, Abrams of the 84th, Beasley-Teague of the 65th, Fullerton of the 151st and others: A RESOLUTION recognizing the Black Doll Affair Social Movement and inviting them to appear before the House of Representatives; and for other purposes. HR 1455. By Representatives McCall of the 30th, Roberts of the 154th, Levitas of the 82nd, Anderson of the 117th, Benton of the 31st and others: A RESOLUTION recognizing and commending Commissioner Tommy Irvin for his outstanding service to the State of Georgia and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1456. By Representatives Keen of the 179th, Hill of the 180th and Walker of the 107th: A RESOLUTION recognizing and commend the Honorable Roger B. Lane upon his receipt of the 2010 Regents' Hall of Fame Award; and for other purposes. HR 1457. By Representatives Randall of the 138th, Hugley of the 133rd, Heard of the 114th, Dawkins-Haigler of the 93rd, Epps of the 128th and others: THURSDAY, FEBRUARY 18, 2010 811 A RESOLUTION commending Phi Beta Sigma Fraternity, Inc.; and for other purposes. HR 1458. By Representatives Randall of the 138th, Hugley of the 133rd, Heard of the 114th, Dawkins-Haigler of the 93rd, Epps of the 128th and others: A RESOLUTION commending the Zeta Phi Beta Sorority; and for other purposes. HR 1459. By Representatives Collins of the 27th, Talton of the 145th, Sellier of the 136th, Yates of the 73rd, O`Neal of the 146th and others: A RESOLUTION recognizing and commending Chaplain Donald G. Smith on the occasion of his retirement; and for other purposes. HR 1460. By Representative Cole of the 125th: A RESOLUTION recognizing and commending Mr. Tony Tanner; and for other purposes. HR 1461. By Representatives Benton of the 31st and Mills of the 25th: A RESOLUTION recognizing and commending Terry Esco on his 20th anniversary as police chief of Braselton, Georgia; and for other purposes. HR 1462. By Representatives Benton of the 31st, Knight of the 126th, Mills of the 25th and England of the 108th: A RESOLUTION Honoring the life and memory of Mr. Henry Edward Braselton; and for other purposes. HR 1463. By Representative Smith of the 122nd: A RESOLUTION recognizing and commending Mr. Cedric J. Johnson; and for other purposes. HR 1464. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th: A RESOLUTION honoring the life and memory of Mr. Eddie Phillips; and for other purposes. 812 JOURNAL OF THE HOUSE HR 1465. By Representatives Lindsey of the 54th and Dobbs of the 53rd: A RESOLUTION recognizing and commending Sarah McCauley; and for other purposes. HR 1466. By Representative Kaiser of the 59th: A RESOLUTION recognizing and commending Mrs. Willie Mae Evans on the occasion of her 100th birthday; and for other purposes. HR 1467. By Representative Jones of the 44th: A RESOLUTION commending the Georgia Council on Aging and recognizing February 24, 2010, as District 44 Senior Citizens Day at the state capitol; and for other purposes. HR 1468. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Williams of the 165th, Day of the 163rd and others: A RESOLUTION commending Chief Willie C. Lovett upon his appointment as Interim Chief of Police for the Savannah-Chatham Metropolitan Police Department; and for other purposes. HR 1469. By Representatives Jackson of the 142nd, Williams of the 89th, Mitchell of the 88th, Williams of the 165th, Baker of the 78th and others: A RESOLUTION honoring the life and memory of Mr. Forest Johnson, Sr.; and for other purposes. HR 1470. By Representatives Sheldon of the 105th, Hamilton of the 23rd, Baker of the 78th, Jacobs of the 80th and McKillip of the 115th: A RESOLUTION recognizing Thursday, February 18, 2010, as Transit Day in Georgia; and for other purposes. HR 1471. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Williams of the 165th, Day of the 163rd and others: A RESOLUTION recognizing and commending Mrs. Bettina Polite Tate; and for other purposes. THURSDAY, FEBRUARY 18, 2010 813 HR 1472. By Representative Cole of the 125th: A RESOLUTION recognizing and commending Laura and Walter Geiger; and for other purposes. HR 1473. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Williams of the 165th, Day of the 163rd and others: A RESOLUTION recognizing and commending the Savannah Chapter #159 of the Order of the Eastern Star, Prince Hall; and for other purposes. The Speaker Pro Tem assumed the Chair. The following Resolution of the House was read and referred to the Committee on Rules: HR 1447. By Representatives Smyre of the 132nd, Epps of the 128th, Dukes of the 150th, Murphy of the 120th, Heckstall of the 62nd and others: A RESOLUTION recognizing February 18, 2010, as Omega Psi Phi Fraternity, Inc., Day at the state capitol and inviting members to be recognized by the House of Representatives; and for other purposes. The following Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1447 Do Pass The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1447. By Representatives Smyre of the 132nd, Epps of the 128th, Dukes of the 150th, Murphy of the 120th, Heckstall of the 62nd and others: A RESOLUTION recognizing February 18, 2010, as Omega Psi Phi Fraternity, Inc., Day at the state capitol and inviting members to be recognized by the House of Representatives; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 8, 2010, 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 8, 2010. 814 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Monday, March 8, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communications were received: The State of Georgia Office of Secretary of State I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached page lists the results as shown on the consolidated returns on file in this office for the Special Election held on the 23rd day of February 2010 in District 19 for State Representative in Paulding County to fill the vacancy created by the Honorable Glenn Richardson. Having received a majority of votes cast, Daniel Stout 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 25th day of February, in the year of our Lord Two Thousand and Ten and of the Independence of the United States of America the Two Hundred and Thirty-Fourth. (SEAL) /s/ Brian P. Kemp Secretary of State STATE OF GEORGIA GEORGIA SECRETARY OF STATE ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION FEBRUARY 23, 2010 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES OFFICE: STATE REPRESENTATIVE, DISTRICT 19 NUMBER OF CANDIDATES: 3 MONDAY, MARCH 8, 2010 815 COUNTY J. CASH RONNY SIBLEY DANIEL STOUT VOTES PERCENT VOTES PERCENT VOTES PERCENT PAULDING TOTALS 77 4.90 560 35.62 935 59.48 77 4.90 560 35.62 935 59.48 OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE HOUSE DISTRICT 19 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/ Daniel L. Stout STATE REPRESENTATIVE Sworn to and subscribed before me, This 4th day of March, 2010. /s/ James R. Osborne Judge, Superior Court Paulding Judicial Circuit 816 JOURNAL OF THE HOUSE The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Allison Amerson Anderson Ashe Austin Baker E Barnard Battles Bearden Beasley-Teague Bell E Benfield Benton Black Brooks Bruce Bryant Buckner Burns Butler Carter Casas Chambers Channell Cheokas E Coleman Collins, D E Collins, T Cooper Cox Crawford E Day Dempsey Dickson Dobbs Dodson Dollar Dooley E Drenner Dukes Ehrhart England Epps, C Epps, J Everson Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B E Harden, M Hatfield Heard E Heckstall Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Hugley Jackson Jacobs E James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Manning Marin Martin Maxwell May Mayo E McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish E Parsons Peake Porter Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C E Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Stephens, M Stephens, R Stout E Talton Teilhet E Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Burkhalter of the 50th, Byrd of the 20th, Coan of the 101st, Cole of the 125th, Davis of the 109th, Dawkins-Haigler of the 93rd, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Lane of the 158th, Mangham of the 94th, Millar of the 79th, Morris of the 155th, Reese of the 98th, Smyre of the 132nd, Stephenson of the 92nd, and Taylor of the 55th. They wish to be recorded as present. Prayer was offered by Dr. Bob Jolly, Pastor, First Baptist Church of Cumming, Cumming, Georgia. The members pledged allegiance to the flag. MONDAY, MARCH 8, 2010 817 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 1250. By Representatives Levitas of the 82nd, McCall of the 30th, Burns of the 157th, Buckner of the 130th, Williams of the 4th and others: A BILL to be entitled an Act to amend Code Sections 43-34-25 and 43-34103 of the Official Code of Georgia Annotated, relating to the delegation of certain acts to advanced practice registered nurses and to applications for physician assistants, respectively, so as to amend certain provisions relating to the authority of advanced practice registered nurses acting pursuant to a nurse protocol agreement with a physician; to amend certain provisions relating to the authority of physician assistants; 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. 818 JOURNAL OF THE HOUSE HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1252. By Representatives Jacobs of the 80th, Geisinger of the 48th, Chambers of the 81st, Willard of the 49th, Millar of the 79th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 50 of the O.C.G.A., relating to the Georgia Regional Transportation Authority, so as to create the Transit Governance Study Commission to prepare legislative proposals for a regional transit governing authority in Georgia, to study the impact that improved public transportation systems would have on traffic congestion, and to study the increase in service generated through combining public transportation systems into an integrated regional transit agency in order to maximize resource allocation; to provide for legislative findings; to provide for the composition, officers, and meetings of the commission; to provide for reports; 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 1253. By Representatives Anderson of the 117th, Keen of the 179th, Porter of the 143rd, Rogers of the 26th, McCall of the 30th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to clarify that general municipal elections may be held in such years as are specified by local law; 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 1254. By Representatives Purcell of the 159th, Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to MONDAY, MARCH 8, 2010 819 provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1255. By Representatives Rogers of the 26th, Mills of the 25th, Benton of the 31st and Collins of the 27th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1256. By Representatives Manning of the 32nd, Gardner of the 57th and Lindsey of the 54th: 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 matters related to prosecuting certain sexual offenses; to provide for certain procedures for minors that are younger than the minimum age for the prosecution of the offenses of prostitution and masturbation for hire and are found committing such offenses; 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 prostitution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1257. By Representatives Powell of the 29th, Kidd of the 141st, Hatfield of the 177th and McCall of the 30th: 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 820 JOURNAL OF THE HOUSE as to remove the requirement that political body and independent candidates file nomination petitions in order to gain ballot access; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; 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. HB 1259. By Representatives Reese of the 98th, Rice of the 51st, Austin of the 10th, Parsons of the 42nd, Loudermilk of the 14th and others: A BILL to be entitled an Act to enact the "Georgia Employer and Worker Protection Act of 2010"; to provide for a short title; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require participation in the federal employment eligibility verification system as a condition of obtaining a business license or occupational tax certificate; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1260. By Representatives Stephens of the 164th, Purcell of the 159th, Walker of the 107th and Cox of the 102nd: A BILL to be entitled an Act to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to revise a provision relating to applicability of the regions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. MONDAY, MARCH 8, 2010 821 HB 1261. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the governing authority of the City of Hogansville 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 1262. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the City of Hogansville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1263. By Representatives Dawkins-Haigler of the 93rd, Jones of the 44th, Stephenson of the 92nd and Stephens of the 161st: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide for definitions; to provide for payment or reimbursement of orally administered chemotherapy at the same reimbursement rate as intravenously administered chemotherapy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1264. By Representatives Pruett of the 144th, Horne of the 71st, Barnard of the 166th, Cox of the 102nd, Martin of the 47th and others: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to authorize the Department of Juvenile Justice to collect individual medical insurance reimbursement for a juvenile in the custody of the department who is covered by medical insurance or other benefits; 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. 822 JOURNAL OF THE HOUSE HB 1265. By Representatives Pruett of the 144th, Horne of the 71st, Barnard of the 166th, Cox of the 102nd, Martin of the 47th and others: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to clarify the types of individual insurance coverage which may reimburse jails for medical expenses where a jail detainee has insurance coverage; to authorize local governing authorities to establish rules and regulations providing that nonindigent detainees in jails shall pay a portion of the costs of their incarceration; 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 1266. By Representative Hill of the 180th: 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 a program of tax refunds for companies creating new tourism attractions; to provide for a short title; to provide for definitions; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for agreements; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of community affairs and the Department of Community Affairs and the governing authorities of counties and municipalities; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1267. By Representatives Weldon of the 3rd, Buckner of the 130th, Burkhalter of the 50th, Martin of the 47th, Neal of the 1st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages for conversion of timber, so as to change the penalty for converting timber; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. MONDAY, MARCH 8, 2010 823 HB 1268. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1269. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to alcoholic beverages, so as to define a certain term; to provide that the sale or purchase of caffeinated alcoholic beverages shall be prohibited in this state; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1270. By Representative Sims of the 169th: 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 provide for certain licenses relating to exotic game; to define certain terms; to provide that no person shall possess, buy, import, or transport farmed exotic game or engage in or carry on the business of operating an exotic game ranch without first obtaining an exotic game ranch license; to provide requirements for the operation of an exotic game ranch; to provide for hunting exotic game on such ranch; to provide for the health of exotic game; to provide for jurisdiction, regulations, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Game, Fish, & Parks. HB 1271. By Representative Collins of the 95th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that a victim of commercial mortgage fraud shall have the right to present a case to the grand jury; to provide for duties of the grand jury; to amend Chapter 8 of Title 16 824 JOURNAL OF THE HOUSE of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to enact the "Georgia Commercial Mortgage Fraud Act"; to provide legislative findings; to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions relative to racketeer influenced organizations, so as to include commercial mortgage fraud within the definition of racketeering activity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1272. By Representative Collins of the 95th: 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 lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1273. By Representative Collins of the 95th: A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, so as to provide a special license plate supporting the prevention and treatment of lupus; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to the Lupus Foundation of America for use in medical and scientific research and educational programs that serve to prevent and treat lupus; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1274. By Representative Collins of the 95th: A BILL to be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to the removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalty, so as to provide that any towing firm licensed by a local government shall only impound vehicles in a MONDAY, MARCH 8, 2010 825 facility open to retrieval of impounded vehicles 24 hours a day, every day of the year; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1275. By Representative Williams of the 178th: A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1276. By Representatives Dickson of the 6th, England of the 108th, Maxwell of the 17th and Neal of the 1st: 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 temporary waiver of specific assessments or grades if insufficient funds are appropriated for the student assessment program; 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 1277. By Representative Collins of the 95th: 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 provide that it shall be unlawful for an employer to fail or refuse to hire, bar, discharge from employment, or otherwise discriminate against an individual because of the individual's credit history or credit report; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1278. By Representative McKillip of the 115th: 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 826 JOURNAL OF THE HOUSE comprehensive provisions regarding revenue enhancement and tax relief; to change certain provisions with respect to the taxable net income brackets applicable to certain taxpayers; to provide for additional income tax rates and tax tables; 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 effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1279. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1283. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide definitions; to provide legislative findings; to provide that all budget units of the state shall implement a policy to review and modify, if necessary, all user fees collected; to provide principles to be followed when reviewing user fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: MONDAY, MARCH 8, 2010 827 A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; 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 1449. By Representatives Cooper of the 41st, Peake of the 137th, Channell of the 116th and Wilkinson of the 52nd: A RESOLUTION urging the Georgia Composite Medical Board to promulgate regulations which establish medically accepted standards of patient care in office based surgery and anesthesia; and for other purposes. Referred to the Committee on Health & Human Services. HR 1450. By Representatives Davis of the 109th, Glanton of the 76th, Lunsford of the 110th, Yates of the 73rd, Baker of the 78th and others: A RESOLUTION honoring the service of SFC John Curtis Beale and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1474. By Representative James of the 135th: A RESOLUTION honoring the life of T. L. Coogle and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1475. By Representative James of the 135th: A RESOLUTION commending veterans of the United States military and recognizing Georgia State Highway 96 in Peach County as "Veterans' Memorial Highway"; and for other purposes. Referred to the Committee on Transportation. 828 JOURNAL OF THE HOUSE HR 1476. By Representatives Harbin of the 118th, Martin of the 47th, May of the 111th, England of the 108th, Ehrhart of the 36th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide for veto sessions for the General Assembly; to provide for the circumstances, call, and limitations for such sessions; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Judiciary. HR 1477. By Representative Holt of the 112th: A RESOLUTION honoring the life of Walter Curtis Butler, Jr., and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1478. By Representative Holt of the 112th: A RESOLUTION honoring the life of Walter Curtis Butler, Jr., and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1479. By Representative Williams of the 178th: A RESOLUTION honoring the life of SP-5 Harry E. Chesser and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1480. By Representative Collins of the 95th: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to provide that lottery funds may be used for programs within the public schools to assist children with diagnosed learning disabilities; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Children & Youth. MONDAY, MARCH 8, 2010 829 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 1302. By Representative Mills of the 25th: A BILL to be entitled an Act to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members of the General Assembly, so as to provide for a reduction in expense allowances; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1303. By Representatives Hatfield of the 177th, Chambers of the 81st, Lindsey of the 54th, Meadows of the 5th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings to be open to the public, so as to change and clarify provisions relating to the notice for such meetings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1304. By Representatives Hatfield of the 177th, Chambers of the 81st, Reese of the 98th, Barnard of the 166th, Scott of the 153rd 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 revise provisions relating to conduct of members of development authorities, downtown development authorities, and other local authorities as it relates to conflicts of interest; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1305. By Representatives Hatfield of the 177th, Loudermilk of the 14th, Roberts of the 154th, Allison of the 8th, Davis of the 109th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, municipal corporations, and other governmental entities, so as to provide that citizens shall have the right to address or speak to the county or municipal governing authority or school board on official actions or other 830 JOURNAL OF THE HOUSE topics relating to the business of the governing authority or school board at meetings of the governing authority or school board under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1309. By Representatives Neal of the 1st, Everson of the 106th, England of the 108th, Collins of the 27th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227 HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB 1248 HB 1249 HR 1434 HR 1435 HR 1446 HR 1448 SB 50 SB 138 SB 341 SB 353 SB 363 MONDAY, MARCH 8, 2010 831 Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1123 Do Pass Respectfully submitted, /s/ Rynders of the 152nd 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 1094 Do Pass, by Substitute HB 1199 Do Pass Respectfully submitted, /s/ Smith of the 70th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1218 Do Pass HR 1344 Do Pass HR 1414 Do Pass HR 1415 Do Pass HR 1416 Do Pass HR 1452 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 8, 2010 832 JOURNAL OF THE HOUSE 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 858 HB 1054 County law libraries; payment of certain funds into county general fund; provisions (Judy-Golick-34th) Public assistance; food stamp recipients may order food over Internet; provide (HumR-Walker-107th) Modified Open Rule HB 180 HB 1058 Public health and morals; tattooing near the eye; change certain provisions (Substitute)(JudyNC-Everson-106th) Seafood; possessing weakfish; change certain provisions (GF&P-Lane158th) Modified Structured Rule HB 903 SB 84 County and municipal tax levies; fund domed stadium; revise provisions (Substitute)(W&M-Burkhalter-50th) Local Boards of Education; election; revise provisions (Substitute)(EdCole-125th) Heath-31st Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman By unanimous consent, the following Bill of the House was taken up for consideration and read the third time: MONDAY, MARCH 8, 2010 833 HB 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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. 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 Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Cooper Cox Y Crawford Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Dooley E Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd 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 E 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Manning Y Marin Y Martin Maxwell May Mayo McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish E Parsons Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece N Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier Setzler Y Shaw E Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson N Stout E Talton Y Taylor Y Teilhet E 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 Ralston, Speaker On the passage of the Bill, the ayes were 132, nays 10. 834 JOURNAL OF THE HOUSE 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 and resolution of the Senate: SB 237. By Senators Mullis of the 53rd, Cowsert of the 46th, Hamrick of the 30th, Murphy of the 27th, Hooks of the 14th and others: A BILL to be entitled an Act to amend Code Section 10-1-393.4 of the Official Code of Georgia Annotated, relating to prohibited pricing practices during a state of emergency, so as to prohibit certain pricing practices during an abnormal market disruption significantly affecting the production, distribution, supply, sale, or availability of oil, gasoline, or other petroleum products; to define terms; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 254. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease agreements; to remove the authority of the Department of Labor to manage its own space; to provide for the termination of certain rental and lease agreements; to provide for direct appropriations to the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 8, 2010 835 SB 355. By Senators Harbison of the 15th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 31-21-7, relating to disposition of remains of deceased persons, so as to provide that in the priority list of persons authorized to control the disposition of the remains of a deceased person, in the case of deceased military personnel, the person designated on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93 shall have the second priority, after only a health care agent designated in an advance directive for health care; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 371. By Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of the 7th and Tate of the 38th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 384. By Senator Bulloch of the 11th: 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 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. 836 JOURNAL OF THE HOUSE SB 422. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SR 510. By Senator Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The Senate has passed by the requisite constitutional majority the following bills of the House: HB 1042. By Representative Amerson of the 9th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin" approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, so as to provide for special elections to fill vacancies in the offices of mayor and city council; to repeal conflicting laws; and for other purposes. HB 1075. By Representatives Fludd of the 66th, Ramsey of the 72nd, Abdul-Salaam of the 74th, Yates of the 73rd and Jordan of the 77th: A BILL to be entitled an Act to authorize the City of Fayetteville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 8, 2010 837 By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 237. By Senators Mullis of the 53rd, Cowsert of the 46th, Hamrick of the 30th, Murphy of the 27th, Hooks of the 14th and others: A BILL to be entitled an Act to amend Code Section 10-1-393.4 of the Official Code of Georgia Annotated, relating to prohibited pricing practices during a state of emergency, so as to prohibit certain pricing practices during an abnormal market disruption significantly affecting the production, distribution, supply, sale, or availability of oil, gasoline, or other petroleum products; to define terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. SB 254. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," so as to provide the State Properties Commission the authority to enter into multiyear lease agreements; to remove the authority of the Department of Labor to manage its own space; to provide for the termination of certain rental and lease agreements; to provide for direct appropriations to the commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 316. By Senators Thomas of the 54th and Harbison of the 15th: A BILL to be entitled an Act to amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplement insurance, so as to require insurers who offer medicare supplemental insurance policies in this state to make available supplemental policies to persons under the age of 65 who qualify for medicare due to disability or end-stage renal disease; to provide for time frames when persons may enroll in a medicare supplement insurance policy; to provide for payment by third parties; to provide for limitations on differences in premiums charged to different applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. 838 JOURNAL OF THE HOUSE SB 355. By Senators Harbison of the 15th, Douglas of the 17th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 31-21-7, relating to disposition of remains of deceased persons, so as to provide that in the priority list of persons authorized to control the disposition of the remains of a deceased person, in the case of deceased military personnel, the person designated on the deceased person's United States Department of Defense Record of Emergency Data, DD Form 93 shall have the second priority, after only a health care agent designated in an advance directive for health care; 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 367. By Senators Balfour of the 9th, Henson of the 41st, Goggans of the 7th, Hawkins of the 49th and Tate of the 38th: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 371. By Senators Cowsert of the 46th, Hamrick of the 30th, Fort of the 39th, Goggans of the 7th and Tate of the 38th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 and Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and the Georgia Bureau of Investigation, respectively, so as to provide the Georgia Bureau of Investigation with the authority to investigate certain offenses involving fraudulent real estate transactions; to provide the Georgia Bureau of Investigation subpoena power for such investigations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 384. By Senator Bulloch of the 11th: 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 MONDAY, MARCH 8, 2010 839 dwelling units, so as to provide definitions; 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 preowned 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. Referred to the Committee on Governmental Affairs. SB 422. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. SR 510. By Senator Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the State Properties Commission, the Board of Regents of the University System of Georgia, or both to enter into multiyear rental agreements without obligating present funds for the full obligation to the state under the full term of such agreements; 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 State Institutions & Property. The following members were recognized during the period of Morning Orders and addressed the House: Hill of the 21st, Heckstall of the 62nd, Reece of the 11th, Crawford of the 16th, Nix of the 69th, Neal of the 1st, Willard of the 49th, Shaw of the 176th, Stephens of the 164th, and Scott of the 153rd. 840 JOURNAL OF THE HOUSE By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Agriculture & Consumer Affairs: HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a singlefamily dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Agriculture & Consumer Affairs: HB 62. By Representatives Maddox of the 172nd, McCall of the 30th, England of the 108th and Black of the 174th: 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 specialities in this state; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Information and Audits: 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. MONDAY, MARCH 8, 2010 841 The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1218. By Representatives O`Neal of the 146th, Sellier of the 136th, Peake of the 137th, Talton of the 145th, Harden of the 147th and others: A RESOLUTION recognizing and commending the 2009 Georgia USGA women's golf team on winning the USGA Women's State Team Championship and inviting them to appear before the House of Representatives; and for other purposes. HR 1344. By Representatives Parrish of the 156th, Morris of the 155th, Barnard of the 166th, Porter of the 143rd, Jackson of the 142nd and others: A RESOLUTION commending Ms. Michelle Smith Lank and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1414. By Representatives Epps of the 140th and Cole of the 125th: A RESOLUTION recognizing and commending Sheriff Robert N. "Butch" Reece and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1415. By Representatives Fludd of the 66th, Abdul-Salaam of the 74th, Ramsey of the 72nd, Jordan of the 77th and Yates of the 73rd: A RESOLUTION congratulating the Sandy Creek High School football team on winning the 2009 GHSA Class AAAA State Championship and inviting the team to be recognized by the House of Representatives; and for other purposes. HR 1416. By Representatives Keen of the 179th, Porter of the 143rd, Jones of the 46th and Smyre of the 132nd: A RESOLUTION recognizing and commending the staff of Lawmakers on the occasion of their 40th season and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1452. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th, Loudermilk of the 14th, Pruett of the 144th and others: 842 JOURNAL OF THE HOUSE A RESOLUTION commending Reverend Warren L. Jones as the Distinguished Older Georgian for 2010 and inviting him to be recognized by 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 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. The report of the Committee, which was favorable to the 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 Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout E Talton Y Taylor Y Teilhet E Thomas Y Thompson MONDAY, MARCH 8, 2010 843 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 Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y 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 Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Reece Reese Y Rice Y Roberts Y Rogers Y Rynders Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Reece of the 11th 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. HB 903. By Representatives Burkhalter of the 50th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, so as to revise provisions relating to a levy at the rate of 7 percent by certain counties and municipalities; to provide that, where such tax was levied for the purpose of funding a multipurpose domed stadium facility and is subject to a stated expiration date, the 844 JOURNAL OF THE HOUSE expiration date may be extended under certain circumstances; to provide for extension for purposes of funding a successor facility upon certification of certain conditions by a state authority; to provide for expenditure through a contract with the state authority; to provide for a new extended expiration date; to provide for the protection of bondholders; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal tax levies on hotels and motels and other public accommodations, is amended by revising paragraph (5) of subsection (a) as follows: "(5)(A)(i) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to 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 an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (A) (I) promoting tourism, conventions, and trade shows; (B) (II) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) (III) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) (IV) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) (V) 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, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subparagraphs subdivisions (C) (III) and (D) (IV) of this paragraph division may be so expended in any otherwise lawful manner. (ii) In addition to the amounts required to be expended above under division (i) of this subparagraph, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so MONDAY, MARCH 8, 2010 845 expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2020, unless extended as provided in subparagraph (B) of this paragraph, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the 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 an authority of the state, shall constitute a contract with the holder of such obligations. (B) Notwithstanding the termination date stated in division (ii) of subparagraph (A) of this paragraph (5), notwithstanding paragraph (6) of this subsection (a), and notwithstanding subsection (b) of this Code section, a tax levied under this paragraph may be extended and continue to be collected through December 31, 2050, if a state authority certifies: (i) that a portion of the proceeds will be used to fund a successor facility to the multipurpose domed stadium facility funded under division (ii) of subparagraph (A) of this paragraph; (ii) that such successor facility will be located on property owned by the state authority; and (iii) that the state authority has entered into a contract with a national football league team for use of the successor facility by the national football league team through the end of the new extended period of the tax collection. During the extended period of collection provided for in this subparagraph, the county or municipality levying the tax shall continue to comply with the expenditure requirements of division (i) of subparagraph (A) of this paragraph. During the extended period of collection, the county or municipality shall further expend (in each fiscal year during which the tax is collected during the extended period of collection) an amount equal to 39.3 percent of the total taxes collected at the rate of 7 percent toward funding the successor facility certified by the state authority. Amounts so expended shall be expended only through a contract with the certifying state authority. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2050, provided that during any period during which there remains outstanding any obligation which is incurred to fund the successor facility certified by the state authority, and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and 846 JOURNAL OF THE HOUSE no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the 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 an authority of the state, shall constitute a contract with the holder of such obligations." SECTION 2. Said Code section is further amended by revising paragraph (7) of subsection (a) as follows: "(7) As used in this subsection, the term: (A) 'Fund' and 'funding' means mean the cost and expense of all things deemed necessary by a state authority for the construction and operation of a multipurpose domed stadium and a successor facility to such multipurpose domed stadium including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith. (B) 'Obligation' means bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1991, and having an initial term of not more than 30 years. (C) 'Multipurpose domed stadium facility' means a multipurpose domed stadium facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by the state, a department or agency of the state, a state authority, or a combination thereof." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Willard of the 49th moves to amend the committee substitute to HB 903 (LC 14 0232S) by adding on line 65 after the word "extended" the words "by resolution of the levying county or municipality". The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: MONDAY, MARCH 8, 2010 847 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Cox Y Crawford N Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N 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 E Harden, M N Hatfield Y Heard Y Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A N Holt Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lindsey Y 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 E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A E Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout E Talton Y Taylor Y Teilhet E 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 Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 13. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Chambers of the 81st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Horne of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. 848 JOURNAL OF THE HOUSE 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 16-12-5 of the Official Code of Georgia Annotated, relating to tattooing, so as to provide for tattooing near the eye under certain circumstances; to amend Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, so as to repeal Code Section 31-40-10, relating to criminal laws not repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-12-5 of the Official Code of Georgia Annotated, relating to tattooing, is amended by revising subsection (b) as follows: "(b) It shall be unlawful for any person except a physician or a technician under the direct supervision of a physician in the State of Georgia and where the primary practice location of such physician is within the State of Georgia to tattoo the body of any person within any area within one inch of the nearest part of the eye socket of such person. Any person who violates this Code section shall be guilty of a misdemeanor." SECTION 2. Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, is amended by repealing Code Section 31-40-10, relating to criminal laws not repealed. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: MONDAY, MARCH 8, 2010 849 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 Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter N Casas Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper N Cox Y Crawford N Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M N Hatfield Y Heard Y 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 E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk N Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout E Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 136, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Henson of the 87th 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. 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. By unanimous consent, HB 1054 was postponed until Wednesday, March 10, 2010. 850 JOURNAL OF THE HOUSE HB 1058. By Representatives Lane of the 158th, Hill of the 180th, Knight of the 126th, Barnard of the 166th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding seafood, so as to change certain provisions relating to possessing weakfish; 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 N 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 Y Hill, C.A Y Holt Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout E Talton Y Taylor Y Teilhet E 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 Ralston, Speaker MONDAY, MARCH 8, 2010 851 On the passage of the Bill, the ayes were 162, nays 5. The Bill, having received the requisite constitutional majority, was passed. Representative Horne of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Smith of the 168th moved that the following Bill of the House, having been postponed from the previous legislative day, be taken up for consideration and read the third time: 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. The motion prevailed. The following Committee substitute was read: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended by revising paragraph (3) of subsection (g) of Code Section 36-9-3, relating to the sale or disposition of county property, as follows: "(3) In disposing of property, as authorized under this subsection, the county shall notify the owner of such property at the time of its acquisition. If the original owner of the property at the time of the county's acquisition of such property is deceased, the county shall make every effort to locate and give notice to the original owner's next of kin. Provided that the county successfully contacted the original owner's next of kin, such next of kin shall have the first opportunity to purchase the property which the county is disposing of pursuant to this subsection. If, after 180 days, the county is 852 JOURNAL OF THE HOUSE unable to identify the next of kin of the original owner of the property at the time of such property's acquisition or, if the tract from which the county acquired its property has been subsequently sold, the county shall notify the owner of abutting land holding title through the owner from whom the county acquired its property. The notice shall be in writing and delivered to the appropriate owner or shall be by publication if such owner's address is unknown; and such owner shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Smith of the 168th moves to amend HB 703 (38 0888S) by striking lines 8 through 25 and inserting in lieu thereof the following: generally, is amended by revising paragraphs (2) and (3) of subsection (g) of Code Section 36-9-3, relating to the sale or disposition of county property, as follows: (2) Notwithstanding any provision of this Code section or any other law to the contrary, whenever any county has acquired property for the creation or development of a lake, including but not limited to property the acquisition of which was reasonably necessary or incidental to the creation or development of that lake, and the governing authority of such county thereafter determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions because of a decision by the county to not construct the lake, that county is authorized to dispose of such property or interest therein as provided in this subsection. (3)(A) In disposing of property, as authorized under this subsection, the county shall notify the owner of such property at the time of its acquisition or, if the tract from which the county acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the county acquired its property. The notice Any notice required pursuant to this subparagraph shall be in writing and delivered to the appropriate owner or by publication if such owner's address is unknown; and such. Such owner shall have the right to acquire such property, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. (B) If the original owner of the property at the time of the county's acquisition of such property is deceased, the original owner's spouse, child, or grandchild shall have the first opportunity to purchase the property which the county is disposing of pursuant to this subsection; provided, however, the owner's child shall have such MONDAY, MARCH 8, 2010 853 right only if the owner's spouse is deceased or has waived his or her right to purchase the property, and the owner's grandchild shall have such right only if both the owner's spouse and child either are deceased or have waived their right to buy the property. If the original owner's spouse is deceased and the original owner had more than one child or grandchild and such children or grandchildren have a right to purchase the property pursuant to this paragraph, then such children or grandchildren shall be entitled to purchase the property as tenants in common. The county shall place a notice of a sale proposed pursuant to this subparagraph once in the county legal organ. If after 30 days from the date of such publication the original owner's spouse, child, or grandchild has not come forward, or if the tract from which the county acquired its property has been subsequently sold, the county shall notify the owner of abutting land holding title through the owner from whom the county acquired its property as provided in subparagraph (A) of this paragraph. Publication pursuant to this paragraph, if necessary, shall be in a newspaper of general circulation in the county where the property is located." 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 Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout E Talton Y Taylor Y Teilhet E Thomas N Thompson 854 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman 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 E Harden, M Y Hatfield Y Heard 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 Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health & Human Services and referred to the Committee on Appropriations: HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Bill of the House was taken up for the purpose of considering the Senate action thereon: 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 Senate substitute was read: MONDAY, MARCH 8, 2010 855 A BILL To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to provide for legislative intent; to provide a short title; to substantially revise the regulation of telecommunications; to modernize telecommunications competition by curtailing unnecessary 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. It is the intent of the General Assembly to: (1) Update and modernize Georgia's telecommunications laws to encourage competition and bring about lower prices and better services for the consumer; (2) Make Georgia a more attractive place for telecommunications investment and encourage the deployment of advanced technologies; (3) Create and preserve jobs for Georgia workers; and (4) Reduce the subsidies paid by Georgia consumers. It is not the intent of the General Assembly to impose any fee or other charge on Georgia consumers. SECTION 2. This Act shall be known as and may be cited as the "Telecom Jobs and Investment Act." SECTION 3. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by revising Code 46-5-166, relating to rates for basic local exchange services, as follows: "46-5-166. (a) An electing local exchange company shall have its rates for basic local exchange services determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business customers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to subsection (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section. 856 JOURNAL OF THE HOUSE (c) Rates for basic local exchange services may be adjusted by the electing company subject to an inflation based cap. Inflation shall be measured by the change in the GDPPI. The electing company is authorized to adjust the cap on an annual basis. The cap requires that the annual percentage rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the preceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDP-PI minus 2 percentage points. (d) In the event the GDP-PI is no longer available, the commission shall elect a comparable broad national measure of inflation calculated by the United States Department of Commerce for its use. (e)(a) The local exchange company An electing company, as defined in paragraph (5) of Code Section 46-5-162, shall set rates for all other local exchange services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Competing local exchange companies may resell local exchange services purchased from other local exchange companies. (f)(1)(b) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. The rates for switched access shall be negotiated in good faith between the parties. In the event that the rates for switched access cannot be negotiated between the parties, any party may petition the commission to set reasonable rates, terms, or conditions for switched access. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this paragraph 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 for determination of rates for switched access that initiated the proceeding. (2)(c) Each Beginning January 1, 2011, and ending December 30, 2015, each Tier 2 local exchange company shall, prior to July 1, 2000, adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate switched access rates. The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corresponding interstate levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service access funds, as may be necessary to recover those revenues, based on calendar year 2008, lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustment in those MONDAY, MARCH 8, 2010 857 years will be based on the reduced balance. Any intrastate to interstate switched access adjustments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be established pursuant to this Code section. In the event that the rates for switched access cannot be negotiated in good faith between the parties, the commission shall determine the reasonable rates for switched access in accordance with the procedures provided in paragraph (1) of this subsection (b) of this Code section. Any Tier 2 local exchange company that is an electing company may elect to become subject to rate of return regulation by certification to the commission of this election no later than December 31, 2010. (d) Beginning January 1, 2011, and ending December 31, 2020, each telecommunications company holding a certificate of authority or otherwise authorized to provide telecommunications services in this state other than a Tier 2 local exchange company shall adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate switched access rates. (g)(e) In accordance with rules to be promulgated by the commission, any electing telecommunications company providing intrastate switched access services shall file tariffs with the commission for basic local exchange intrastate switched access services and other local exchange applicable services that state the terms and conditions of such services and the rates as established pursuant to this Code section. (f) The commission shall review the intrastate switched access rates as set forth in subsections (c) and (d) of this Code section and shall report the results of its findings and any actions taken to the General Assembly by or before December 31, 2011. Thereafter, the commission shall include in its annual report to the General Assembly required under Code Section 46-5-174 the status of any intrastate switched access rate changes under this Code section." SECTION 4. Said chapter 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 administer 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 pursuant to this Code section and 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 All telecommunications companies providing telecommunications holding a certificate of authority issued by the commission to provide services within Georgia to shall contribute quarterly to the fund in a proportionate amount to their gross revenues from sale to end users of such telecommunications services as determined by rules to be promulgated by the commission as provided in this subsection. The commission shall determine the 858 JOURNAL OF THE HOUSE manner of contribution using either one or a combination of the following two contribution methodologies: (1) A charge for each working telephone number; or (2) A proportionate amount based on each company's gross intrastate revenues from the provision of telecommunications services to end users. In calculating such contributions, the commission shall allow a local exchange company holding a certificate of authority issued by the commission after July 1, 1995, and before January 1, 2010, with primary headquarters in Georgia and more than 750 full-time employees working in Georgia as of January 1, 2010, to utilize accumulated unexpired Georgia net operating losses for taxable years ending prior to January 1, 2010, on a full dollar-for-dollar basis to reduce up to 50 percent of its contribution to the Universal Access Fund. Within the same tax year of the election, companies making such election shall formally notify the Department of Revenue that the company agrees to forego any rights or claims to the Georgia net operating losses so used. The commission may allow any telecommunications company certified as a competitive local exchange carrier to request a hearing seeking relief from this contribution requirement upon application, demonstration, and good cause shown that such competitive local exchange carrier does not receive a benefit from the reduction in intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166. (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)(c) Contributions to the fund shall be determined by if, after notice and opportunity for hearing, the commission based upon estimates as to calculates 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 and shall also account for reductions in intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166. (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. (d)(1) Nothing in this subsection shall require any Tier 2 local exchange company to raise any of its rates. Nothing in this subsection shall authorize any Tier 2 local MONDAY, MARCH 8, 2010 859 exchange company to receive any subsidy from the Universal Access Fund. For purposes of this subsection, the term 'subsidy' means any payment authorized by paragraph (2) of this subsection in excess of the intrastate access charge reductions pursuant to subsection (c) of Code Section 46-5-166. (2) After notice and opportunity for hearing, the commission shall determine the amount of moneys in the fund that shall be distributed quarterly. Such determination shall be made as follows: (A) Distributions to carriers that have reduced intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166 shall be limited to an amount reflective of such access charge reductions and shall also be reduced by the amount per access line, which if added to the carrier's basic local exchange service rate results in an amount that would be equal to 110 percent of the July 1, 2009, residential state-wide weighted average rate for basic local exchange services imputed across all access lines and adjusted annually for inflation measured by the change in GDP-PI. Any distributions pursuant to this subparagraph shall be limited to a period of no more than ten years; and (B) Except for those distributions to Tier 2 local exchange companies that have reduced intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166, distributions to a Tier 2 local exchange carrier subject to rate of return regulation shall also be reduced by the amount per access line, which if added to the carrier's basic local exchange service rate results in an amount that would be equal to 110 percent of the July 1, 2009, residential state-wide weighted average rate for basic local exchange services imputed across all access lines and adjusted annually for inflation measured by the change in GDP-PI. The commission shall determine any such distributions upon application, demonstration, and good cause shown that the reasonable actual costs to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services; any distributions pursuant to this subparagraph shall be limited to a period of no more than 20 years. (f)(e) The commission shall require any local exchange company seeking reimbursement from the fund pursuant to subparagraph (d)(2)(B) of this Code section to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g)(f) 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)(g) 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." 860 JOURNAL OF THE HOUSE SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 46-5-222, relating to commission has no authority over setting of rates or terms and conditions for the offering of broadband service, voice over Internet protocol, or wireless service, as follows: "(a) The Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose any requirement or regulation relating to the setting of rates or terms and conditions for the offering of broadband service, VoIP, or wireless services." SECTION 6. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 9 46-5-250. As used in this article, the term 'retail telecommunications service' means the offering of two-way interactive communications for a fee directly to end users and does not include the obligations of an incumbent local exchange carrier as defined by 47 U.S.C. Section 251, pursuant to 47 U.S.C. Sections 251, 252, and 271 and the Federal Communications Commission's rules and regulations implementing such sections. 46-5-251. (a) Notwithstanding any other provision of law in this chapter or Chapter 2 of this title except the complaint process set forth in subsection (a) of Code Section 46-5-166, as of July 1, 2010, the Public Service Commission shall not have any jurisdiction, right, power, authority, or duty to impose or enforce any requirement, regulation, or rule relating to the setting of rates or terms and conditions for the offering of retail telecommunications service by a telecommunications company not subject to rate of return regulation. (b) This Code section shall not be construed to affect: (1) State laws of general applicability to all businesses, including, without limitation, tax laws, consumer protection laws, general references to utilities and the rights and obligations of utilities in other Code sections, and laws relating to restraint of trade; (2) Any authority of the Public Service Commission to receive consumer complaints; or (3) Any authority of the Public Service Commission to act in accordance with federal laws or regulations of the Federal Communications Commission, including, without limitation, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements, intercarrier compensation, and to arbitrate and enforce interconnection agreements. MONDAY, MARCH 8, 2010 861 SECTION 7. This Act shall become effective on July 1, 2010. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Representative Cox of the 102nd moved that the House agree to the Senate substitute to HB 168. The following amendment was read and adopted: Representative Keen of the 179th et al. move to amend the Senate substitute to HB 168 by adding after "rate" on lines 168 and 178 the following: , in accordance with a schedule established by the commission, Representative Keen of the 179th moved that the House agree to the Senate substitute, as amended by the House, to HB 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 Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter N Casas N Chambers Y Channell Y Cheokas Y Crawford N Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N 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 N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Manning Y Marin N Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal N Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell N Ramsey Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout E Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker E Weldon E Wilkinson Y Willard 862 JOURNAL OF THE HOUSE Y Coan N Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M N Hatfield Y Heard Y Long N Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Randall Reece Y Reese Y Rice N Roberts Y Rogers Y Rynders Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 145, nays 23. The motion prevailed. House of Representatives Atlanta, Georgia 30334 This version of HB 168 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 168. /s/ Bobby Franklin Representative, District 43 Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time: SB 84. By Senators 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. The following Committee substitute was read and adopted: MONDAY, MARCH 8, 2010 863 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 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 removal of board members under certain circumstances; to revise provisions relating to eligibility for appointment as a school superintendent; to revise provisions relating to training of local board of education members; to provide for submission of certain provisions 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new Code section to Article 3, relating to local boards of education, to read as follows: "20-2-49. The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education. Board duties require specialized skills and training in the performance of vision setting, policy making, approving multimillion dollar budgets, and hiring a qualified superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools and academic achievement of all students. Service on a local board of education is important citizen service. Given the specialized nature and unique role of membership on a local board of education, this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system's students." 864 JOURNAL OF THE HOUSE SECTION 2. Said chapter is further amended by revising 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: "20-2-51. (a) No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of education of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the local board, then the members of the board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system. (b) Whenever a member of a local board of education moves that person's domicile from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur. The member shall provide notice of such move to the secretary of the local board of education and the election superintendent within ten days of such move. (c)(1) No person employed by or serving on the governing body of a private elementary or secondary educational institution shall be eligible to serve as a member of a local board of education. (2) No person employed by a local board of education shall be eligible to serve as a member of that board of education. (3) 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 paragraph shall not apply to institutions above the high school level. (2)(4)(A) 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 whose employment as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. 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. (B) Notwithstanding subsection (b) of Code Section 20-2-244, the State Board of Education shall be authorized to waive this paragraph upon the request of a local board of education or an individual attempting to qualify to run for local board of education member and in accordance with the provisions of subsections (d) and (e) MONDAY, MARCH 8, 2010 865 of Code Section 20-2-244. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request. An approved waiver must be received by the local election superintendent prior to an individual's filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21. (d) In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member's position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board. (e) In addition to any other requirements provided by law, no person shall be eligible for election as a member of a local board of education unless he or she: (1) Has read and understands the code of ethics and the conflict of interest provisions applicable to members of local boards of education and has agreed to abide by them; and (2) Has agreed to annually disclose compliance with the State Board of Education's policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education. Each person offering his or her candidacy for election as a member of a local board of education shall file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010. (e)(f) No person who is on the National Sex Offender Registry or the state sexual offender registry shall be eligible for election to or service on a local board of education." SECTION 3. Said chapter is further amended by revising Code Section 20-2-52, relating to terms of office of members of local boards of education, as follows: "20-2-52. (a) Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by local Act or constitutional amendment. (b)(1) Each local board of education shall have no more than seven members as provided by local Act. (2) This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, 866 JOURNAL OF THE HOUSE however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply." SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, as follows: "(a)(1) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed prior to July 1, 2010. (2) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph (2) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at a meeting, as defined in paragraph (2) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2010." MONDAY, MARCH 8, 2010 867 SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 20-2-57, relating to organization of county boards of education, as follows: "(a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent or the board's nominee as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superintendent to do. The superintendent or the board's nominee shall record cause to be recorded in a book, to be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary." SECTION 6. Said chapter is further amended by revising Code Section 20-2-61, which is reserved, as follows: "20-2-61. Reserved. (a) The fundamental role of a local board of education shall be to establish policy for the local school system with the focus on student achievement. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties. Local board of education members should work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents. (b) Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions." 868 JOURNAL OF THE HOUSE SECTION 7. Said chapter is further amended by revising Code Section 20-2-63, which is reserved, as follows: "20-2-63. Reserved. (a)(1) No local board of education member shall use or attempt to use his or her official position to secure unwarranted privileges, advantages, or employment for himself or herself, his or her immediate family member, or others. (2) No local board of education member shall act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment. Compliance with Code Section 20-2-505 shall not constitute a violation of this paragraph. (3) No local board of education member shall solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that board member in the discharge of his or her official duties. This paragraph shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office if the local board of education member has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the local board of education member in the discharge of his or her official duties. For purposes of this paragraph, a gift, favor, loan, contribution, service, promise, or other thing of value shall not include the items contained in subparagraphs (a)(2)(A) through (a)(2)(J) of Code Section 16-10-2. (4) No local board of education member shall use, or knowingly allow to be used, his or her official position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her official position for the purpose of securing financial gain for himself or herself, his or her immediate family member, or any business organization with which he or she is associated. (5) No local board of education member or business organization in which he or she has an interest shall represent any person or party other than the local board of education or local school system in connection with any cause, proceeding, application, or other matter pending before the local school system in which he or she serves or in any proceeding involving the local school system in which he or she serves. (6) No local board of education member shall be prohibited from making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is MONDAY, MARCH 8, 2010 869 promised to, given to, or accepted by the local board of education member or his or her immediate family member in return therefor. (7) No local board of education member shall disclose or discuss any information which is subject to attorney-client privilege belonging to the local board of education to any person other than other board members, the board attorney, the local school superintendent, or persons designated by the local school superintendent for such purposes unless such privilege has been waived by a majority vote of the whole board. (8) No member of a local board of education may also be an officer of any organization that sells goods or services to that local school system, except as provided in Code Section 20-2-505 and excluding nonprofit membership organizations. (9) No local board of education member shall be deemed in conflict with this subsection if, by reason of his or her participation in any matter required to be voted upon, no material or monetary gain accrues to him or her as a member of any profession, occupation, or group to any greater extent than any gain could reasonably be expected to accrue to any other member of that profession, occupation, or group. (b) Upon a motion supported by a two-thirds' vote, a local board of education may choose to conduct a hearing concerning the violation by a local board of education member of any conflict of interest provision in subsection (a) of this Code section. The local board of education member accused of violating said provision shall have 30 days' notice prior to a hearing on the matter. Said accused member may bring witnesses on his or her behalf, and the local board of education may call witnesses to inquire into the matter. If it is found by a vote of two-thirds of all the members of the board that the accused member has violated a conflict of interest provision contained in subsection (a) of this Code section, the local board shall determine an appropriate sanction. A board member subject to sanction pursuant to this Code section may, within 30 days of such sanction vote, appeal such decision to the State Board of Education, which shall be empowered to affirm or reverse the decision to sanction such board member. The State Board of Education shall promulgate rules governing such appeal process. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010. (c) As used in this Code section, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent." SECTION 8. Said chapter is further amended by adding new Code sections to Article 3, relating to local boards of education, to read as follows: "20-2-72. (a) The State Board of Education shall adopt a model code of ethics for members of local boards of education by October 1, 2010. Such model code of ethics shall also include appropriate consequences for violation of a provision or provisions of such 870 JOURNAL OF THE HOUSE code. The State Board of Education may periodically adopt revisions to such model code as it deems necessary. (b) Within three months of adoption by the State Board of Education of a model code of ethics pursuant to subsection (a) of this Code section, each local board of education shall adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local board of education shall incorporate into its code of ethics any revisions adopted by the State Board of Education to the model code of ethics pursuant to subsection (a) of this Code section within three months of adoption of such revisions. 20-2-73. (a) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (6.1)(A) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board. (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member. (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain its accreditation. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the 'agency' and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain its accreditation, the member shall MONDAY, MARCH 8, 2010 871 be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50. (d) This Code section shall apply only to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010. (e) This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2010." SECTION 9. 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 means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent whose term as a member of the local board of education or whose employment as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. 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 10. Said chapter is further amended by revising subsection (b) of Code Section 20-2-230, relating to staff development programs, as follows: "(b)(1) The State Board of Education shall adopt a training program for members of local boards of education by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary. 872 JOURNAL OF THE HOUSE (2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education and each governing board of other local units of administration shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions. All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive at least 12 hours of orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary; provided, however, that at least six of these 12 hours of training shall be specifically related to education finance, generally accepted accounting principles, and budgeting. The board of education of the Department of Juvenile Justice shall be exempt from the six hours of training in education finance, generally accepted accounting principles, and budgeting. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association or other agencies and associations, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. (3) All boards of local units of administration are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops training, either before or after such board members assume office." SECTION 11. The Attorney General of Georgia shall cause Sections 2, 3, 7, and 8 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval. If, as of June 30, 2011, implementation of any of the submitted sections of this Act are not permissible under the MONDAY, MARCH 8, 2010 873 Voting Rights Act of 1965, as amended, then as of such date, such section or sections of this Act shall be void and shall stand repealed in their entirety. 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: N 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 Bell Y Benfield Y Benton N Black Y Brooks N Bruce Y Bryant Y Buckner Y Burkhalter N Burns Y Butler N Byrd N Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D N Collins, T Y Cooper Y Cox Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y 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 N Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard N 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham N 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 N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter N Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Reese Y Rice N Roberts Y Rogers N Rynders N Scott, A E Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson N Stout E Talton Y Taylor Y Teilhet E Thomas N 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 137, nays 33. 874 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. House of Representatives Atlanta, Georgia 30334 This version of SB 84 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 84. /s/ Bobby Franklin Representative, District 43 By unanimous consent, the following Bill of the House was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Ways & Means: HB 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd and Cole of the 125th: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1488. By Representatives Houston of the 170th, Rynders of the 152nd and Powell of the 171st: A RESOLUTION commending Mrs. Gwen Desselle, the 2010 Georgia Teacher of the Year, and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1489. By Representative Ralston of the 7th: A RESOLUTION commending the Junior Leagues of Georgia and inviting members to be recognized by the House of Representatives; and for other purposes. MONDAY, MARCH 8, 2010 875 HR 1490. By Representative Scott of the 2nd: A RESOLUTION commending Ashley Houts and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1491. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A RESOLUTION congratulating the Gatewood Lady Gators basketball team for winning the 2010 Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1492. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Purcell of the 159th, Stephens of the 161st and others: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, General Chairman Harry "Copie" Burnett IV, and the 2010 St. Patrick's Day Parade's grand marshal, Dennis Michael Herb, Sr., and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1493. By Representatives Abdul-Salaam of the 74th, Frazier of the 123rd, BeasleyTeague of the 65th, Jones of the 44th, Houston of the 170th and others: A RESOLUTION commending Ms. Dottie Peoples and inviting her to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1481. By Representatives Ralston of the 7th, Jones of the 46th, Keen of the 179th, Porter of the 143rd, Willard of the 49th and others: A RESOLUTION honoring the late Thomas B. Murphy and providing for a ceremony for the unveiling of the official portrait of Speaker Murphy; and for other purposes. HR 1494. By Representatives Mangham of the 94th, Collins of the 95th, Abdul-Salaam of the 74th, Dawkins-Haigler of the 93rd, Brooks of the 63rd and others: A RESOLUTION recognizing and commending Ms. Dottie Peoples; and for other purposes. 876 JOURNAL OF THE HOUSE HR 1495. By Representatives Houston of the 170th, Rynders of the 152nd and Powell of the 171st: A RESOLUTION commending Gwen Desselle; and for other purposes. HR 1496. By Representatives Mangham of the 94th, Collins of the 95th, Heard of the 114th and Jackson of the 142nd: A RESOLUTION recognizing and commending Dr. Cindy Trimm; and for other purposes. HR 1497. By Representatives Dobbs of the 53rd, Sellier of the 136th, Gardner of the 57th, Manning of the 32nd, Buckner of the 130th and others: A RESOLUTION recognizing March 12, 2010, as Girl Scout Day at the state capitol; and for other purposes. HR 1498. By Representatives Hugley of the 133rd, Porter of the 143rd, Randall of the 138th, Smyre of the 132nd, Frazier of the 123rd and others: A RESOLUTION commending The Links, Incorporated, and recognizing March 10, 2010, as Links Day at the state capitol; and for other purposes. HR 1499. By Representatives Beasley-Teague of the 65th and Brooks of the 63rd: A RESOLUTION recognizing and commending Reverend Michael A. Jones on the occasion of his 55th pastoral anniversary; and for other purposes. HR 1500. By Representative Bearden of the 68th: A RESOLUTION recognizing and commending American Legion Post 143 on the occasion of its 75th anniversary; and for other purposes. HR 1501. By Representative Parrish of the 156th: A RESOLUTION honoring the life and memory of Mrs. Tina Lawson Welch; and for other purposes. HR 1502. By Representatives Butler of the 18th and Nix of the 69th: A RESOLUTION honoring the life and memory of Deputy Davy Wayne "Dave" Crawford; and for other purposes. MONDAY, MARCH 8, 2010 877 HR 1503. By Representative Parrish of the 156th: A RESOLUTION recognizing and commending Mr. Desse Ervin Davis; and for other purposes. HR 1504. By Representative Collins of the 27th: A RESOLUTION recognizing and commending Ms. Terri Strayhorn; and for other purposes. HR 1505. By Representative Harden of the 147th: A RESOLUTION recognizing and commending Miss Whitney Leah Conner, 2010 Georgia Watermelon Queen; and for other purposes. HR 1506. By Representative Cheokas of the 134th: A RESOLUTION recognizing and commending Sergeant Charles Barr; and for other purposes. HR 1507. By Representative Baker of the 78th: A RESOLUTION recognizing and commending General Robert "Steve" Stephens; and for other purposes. HR 1508. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Mr. Anton J. Zellman; and for other purposes. HR 1509. By Representative Baker of the 78th: A RESOLUTION recognizing and commending Reverend Dr. Wimbley Hale, Jr.; and for other purposes. HR 1510. By Representatives Gardner of the 57th, Wilkinson of the 52nd, Bruce of the 64th, Taylor of the 55th, Benfield of the 85th and others: A RESOLUTION commending the American Red Cross and proclaiming March 2010, American Red Cross Month in Georgia; and for other purposes. HR 1511. By Representatives Mangham of the 94th, Neal of the 1st, Jackson of the 142nd, Collins of the 95th and Heard of the 114th: 878 JOURNAL OF THE HOUSE A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing March 9, 2010, as the ninth annual Clergy Day at the Georgia State Capitol; and for other purposes. HR 1512. By Representative Collins of the 95th: A RESOLUTION commending Dialysis Patient Citizens and recognizing March 3, 2010, as Georgia Dialysis Day at the state capitol; and for other purposes. 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 1144 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman The following communications were received: Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 22, 2010 Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Secretary of State Kemp: MONDAY, MARCH 8, 2010 879 Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Jay Shaw was elected as the member of the State Transportation Board from the First Congressional District. He will serve for a term expiring April 15, 2015. 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 David Ralston Honorable Tommie Williams Honorable Jay Shaw Honorable Jerry Keen Honorable Vance C. Smith, Jr. Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Jay Shaw 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 1st Congressional District for a term expiring April 15, 2015. /s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR 880 JOURNAL OF THE HOUSE /s/ David Ralston HONORABLE DAVID RALSTON 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 32-220, a caucus was held on February 17, 2010, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jay Shaw was elected as the member of the State Transportation Board from the 1st Congressional District to serve a term expiring April 15, 2015. Respectfully submitted, /s/ Jerry Keen Honorable Jerry Keen Representative, District 179 CHAIRMAN /s/ Tommie Williams Honorable Tommie Williams Senator, District 19 SECRETARY Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 February 22, 2010 Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, GA 30334 MONDAY, MARCH 8, 2010 881 Dear Secretary of State Kemp: Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Rudy Bowen was reelected as the member of the State Transportation Board from the Seventh Congressional District. He will serve for a term expiring April 15, 2015. 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 David Ralston Honorable Tommie Williams Honorable Rudy Bowen Honorable David Shafer Honorable Renee Unterman Honorable Vance C. Smith, Jr. Mr. Bob Ewing Mr. Robert E. Rivers, Jr. Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Rudy Bowen has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the 7th Congressional District for a term expiring April 15, 2015. /s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR 882 JOURNAL OF THE HOUSE /s/ David Ralston HONORABLE DAVID RALSTON 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 32-220, a caucus was held on February 17, 2010, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Rudy Bowen was elected as the member of the State Transportation Board from the 7th Congressional District to serve a term expiring April 15, 2015. Respectfully submitted, /s/ David Shafer Honorable David Shafer Senator, District 48 CHAIRMAN /s/ Renee Unterman Honorable Renee Unterman Senator, District 45 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. TUESDAY, MARCH 9, 2010 883 Representative Hall, Atlanta, Georgia Tuesday, March 9, 2010 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 Barnard Battles Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner E Burkhalter E Burns Byrd Carter Casas Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper Cox Crawford Davis Dawkins-Haigler E Day Dempsey Dickson Dobbs Dodson Dollar Dooley E Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Gardner Glanton Golick Gordon E Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heckstall Hembree Henson Hill, C Holt Horne Howard E Hudson Hugley Jackson Jacobs E James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas E Lunsford Maddox, B Maddox, G Manning Maxwell May Mayo McCall McKillip Meadows E Mills Mitchell Morgan Morris Mosby Neal Nix O'Neal Parrish Parsons Peake Porter Powell, J Pruett Purcell Ramsey Randall Reece Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stout Talton Taylor Teilhet E Thomas Thompson Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Bearden of the 68th, Butler of the 18th, Floyd of the 99th, Fullerton of the 151st, Geisinger of the 48th, Heard of the 114th, Hill of the 180th, Houston of the 170th, Jordan of the 77th, Mangham of the 94th, Marin of the 96th, Martin of the 47th, Millar of the 79th, Murphy of the 120th, Oliver of the 83rd, Powell of the 29th, Reese of the 98th, Setzler of the 35th, Stephenson of the 92nd, Walker of the 107th, and Willard of the 49th. 884 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Cindy Trimm, Cindy Trimm Ministries, 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 1280. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to prohibit the training of dogs to attack humans in residential areas unless expressly permitted by the applicable zoning; to provide for court orders for the euthanasia of dogs; to provide public safety and administrative procedures for the identification of TUESDAY, MARCH 9, 2010 885 dangerous and vicious dogs; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1281. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1282. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1285. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of Bibb County; to provide procedures, conditions, and limitations; 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 Ways & Means. 886 JOURNAL OF THE HOUSE HB 1286. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Sellier of the 136th, Epps of the 140th and others: A BILL to be entitled an Act to ratify the levy of an excise tax pursuant to subsection (b.1) of Code Section 48-13-51 of the O.C.G.A. by the governing authority of the City of Macon; to provide procedures, conditions, and limitations; 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 Ways & Means. HB 1287. By Representative Jones of the 46th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; 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 1288. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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 Ways & Means. HB 1289. By Representatives Rogers of the 26th and Collins of the 27th: 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 a misdemeanor for the failure to pay for certain services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. TUESDAY, MARCH 9, 2010 887 HB 1290. By Representative Teilhet of the 40th: A BILL to be entitled an Act to provide for a short title; to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration of sexual offenders; to change certain definitions; to require that sexual offenders provide certain information regarding Internet accounts and allow authorized Internet providers to obtain such information from the Georgia Bureau of Investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1291. By Representatives Horne of the 71st and Pruett of the 144th: A BILL to be entitled an Act to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to clarify the types of individual medical insurance coverage which may reimburse jails for medical expenses; to authorize the state to collect individual medical insurance funds if an inmate has medical insurance coverage; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1292. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1293. By Representatives Butler of the 18th, Rynders of the 152nd, Houston of the 170th, Lunsford of the 110th, Manning of the 32nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of state and counties, so as to provide for state reimbursement for psychotropic medications for state inmates housed by counties beginning on the date of 888 JOURNAL OF THE HOUSE sentencing; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1294. By Representatives Williams of the 89th, Roberts of the 154th, Lane of the 158th, Smyre of the 132nd, Williams of the 165th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Transportation, so as to authorize the Department of Transportation to erect memorial markers in the right of way of state roads and highways under certain circumstances; to provide for such markers; to provide for the procedure for erecting such markers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1295. By Representative Horne of the 71st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; 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 - Local. HB 1296. By Representative Wilkinson of the 52nd: A BILL to be entitled an Act to amend Code Section 45-10-26 of the Official Code of Georgia Annotated, relating to public officials and employees filing yearly disclosure statements concerning business transactions with the state, so as to provide that such filings be made with the State Ethics Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1297. By Representative Wilkinson of the 52nd: A BILL to be entitled an Act to amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to fixing and publishing qualification TUESDAY, MARCH 9, 2010 889 fees, so as to nominally increase qualification fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1298. By Representatives Benton of the 31st, Smith of the 70th, Hudson of the 124th, Geisinger of the 48th, Wilkinson of the 52nd 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal 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 1299. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; 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 1300. By Representatives Manning of the 32nd, Smith of the 70th, Ashe of the 56th, Willard of the 49th, Wilkinson of the 52nd and others: A BILL to be entitled an Act to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to extensively revise the provisions of Article 1 of said chapter relating to identification and abatement of lead hazards; to define terms; to change provisions relating to activities which are regulated; to change provisions relating to licensure and regulation of persons carrying out abatement activities; to provide for administrative sanctions and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Children & Youth. 890 JOURNAL OF THE HOUSE HB 1301. By Representatives McCall of the 30th, Powell of the 29th, England of the 108th, Roberts of the 154th, Williams of the 178th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide a short title; to provide a statement of policy; to define certain terms; to provide for applicability; to provide for the permitting of interbasin transfers of water; to provide considerations; to provide for procedures; to provide for emergencies; to provide for prohibitions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1306. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to provide that a municipality created on and after July 1, 2010, which immediately prior to incorporation was a part of a county special services district may be authorized to continue beyond the transition period to receive certain services from the county in the same manner as such area received the services prior to incorporation upon the payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the new city and the county; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1307. By Representatives Dickson of the 6th, Neal of the 1st, Maxwell of the 17th, Carter of the 175th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to temporarily suspend professional learning requirements for certification renewal for teachers and paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1308. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Morgan of the 39th, Williams of the 165th, Mangham of the 94th and others: TUESDAY, MARCH 9, 2010 891 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 1310. By Representatives Kidd of the 141st, Houston of the 170th, Parrish of the 156th, Dobbs of the 53rd, Dooley of the 38th and others: 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 Commission, so as to provide that such commission may solicit funds from certain entities and persons; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1311. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Article 1 of Chapter 15 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to the Division of Rehabilitation Services, so as to eliminate financial need as a consideration in the provision of vocational rehabilitation services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HB 1312. By Representatives Benfield of the 85th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Brooks of the 63rd, Henson of the 87th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for a moratorium on the administration of death sentences; to provide a statement of legislative findings; to provide for conflicts and construction; to provide for applicability; to provide for 892 JOURNAL OF THE HOUSE automatic repeal; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1313. By Representatives Stephens of the 164th, Benfield of the 85th, Parrish of the 156th, Dollar of the 45th, 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 manufacture, distribution, and sale, so as to provide for definitions; to provide for craft brewers; to provide for limited exceptions to the three-tier system for craft brewers; to provide for tastings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Behavioral Health and Developmental Disabilities, so as to add to uses for individual development accounts; 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 1315. By Representative Jones of the 46th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; to provide TUESDAY, MARCH 9, 2010 893 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1316. By Representatives Jordan of the 77th, Reece of the 11th, Setzler of the 35th, Abdul-Salaam of the 74th, Mitchell of the 88th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for the purposes of the "Quality Basic Education Act," so as to enact a bill of rights for Georgia teachers; to require annual evaluations of principals and assistant principals by teachers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1317. By Representatives Buckner of the 130th, Meadows of the 5th, Neal of the 1st, Gardner of the 57th, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Code Sections 49-4-142 and 49-5-273 of the Official Code of Georgia Annotated, relating to Medicaid and the PeachCare for Kids Program, respectively, so as to provide for legislative findings; to provide requirements for the Department of Community Health when health maintenance organizations terminate contracts with health care providers; to allow recipients of Medicaid and participants in the PeachCare for Kids Program to switch their enrollment to another health maintenance organization if such health care providers are terminated; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1318. By Representative Crawford of the 16th: A BILL to be entitled an Act to amend Code Section 36-30-7.1 of the Official Code of Georgia Annotated, relating to inactive municipalities, so as to specify the burden of proof upon the filing of declaratory judgment action for a declaration of the dissolution of a municipal corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. 894 JOURNAL OF THE HOUSE HB 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: TUESDAY, MARCH 9, 2010 895 A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1482. By Representative Roberts of the 154th: A RESOLUTION honoring the life of Harry L. Portier and dedicating a bridge in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1483. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION honoring the life of Reverend Henry Grady Jarrard and dedicating an intersection in his memory; and for other purposes. Referred to the Committee on Transportation. HR 1484. By Representatives Stephens of the 164th and Bryant of the 160th: A RESOLUTION requesting that the United States Congress not pass legislation that would preempt local taxing authority by preventing state and local governments from collecting hotel-motel taxes and any sales taxes or sales and use taxes from third-party intermediaries when hotel rooms are booked through such third parties, that would allow online travel companies to avoid paying hotel-motel taxes and any sales taxes or sales and use taxes on retail room rates prospectively, or that would preempt local governments from suing online travel companies to recover unpaid hotel-motel taxes or any sales taxes and sales and use taxes; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1485. By Representatives Carter of the 175th, Casas of the 103rd, Austin of the 10th, Ashe of the 56th, Neal of the 1st and others: 896 JOURNAL OF THE HOUSE A RESOLUTION directing the Professional Standards Commission to temporarily modify its rules relating to professional learning requirements for certificate renewal and creating the Certification and Professional Learning Task Force; and for other purposes. Referred to the Committee on Education. HR 1486. By Representatives Heckstall of the 62nd, Jackson of the 142nd, Brooks of the 63rd, Johnson of the 37th, Gardner of the 57th and others: A RESOLUTION urging all law enforcement officers in the State of Georgia to write legibly when issuing citations; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HR 1487. By Representative Marin of the 96th: A RESOLUTION recognizing the growing incidence of chronic obstructive pulmonary disease in this state and encouraging the Georgia Department of Community Health to pass regulations requiring the collection of data relating to incidents of this disease in this state; and for other purposes. Referred to the Committee on Appropriations. HR 1513. By Representatives Hudson of the 124th, Channell of the 116th and Kidd of the 141st: A RESOLUTION honoring Dr. George Franklin Green and the Little Family and dedicating a bridge in their 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: HB 1324. By Representatives Butler of the 18th, Pruett of the 144th, Peake of the 137th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to revise certain provisions relating to conviction data for employment purposes; to delete a TUESDAY, MARCH 9, 2010 897 Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1250 HB 1251 HB 1252 HB 1253 HB 1254 HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB 1260 HB 1261 HB 1262 HB 1263 HB 1264 HB 1265 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277 HB 1278 HB 1279 HB 1283 HB 1284 HB 1302 HB 1303 HB 1304 HB 1305 HB 1309 HR 1449 HR 1450 HR 1474 HR 1475 HR 1476 HR 1477 HR 1478 HR 1479 HR 1480 SB 237 SB 254 SB 316 SB 355 SB 367 SB 371 SB 384 SB 422 SR 510 898 JOURNAL OF THE HOUSE The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1328 Do Pass HR 1488 Do Pass HR 1490 Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 9, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 956 Dismissal of appeals; may be dismissed if improperly filed; provide (Substitute)(Judy-Powell-171st) Modified Open Rule HB 1002 Crimes and offenses; crimes against judges and court personnel; increase punishment (Substitute)(JudyNC-Willard-49th) Modified Structured Rule HB 883 HB 917 HB 1015 HB 1154 HB 1179 Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact (Substitute)(A&CA-Levitas-82nd) Uniform Interstate Depositions and Discovery Act; enact (Substitute)(JudyJacobs-80th) Street gang terrorism and prevention; expand and change provisions (Substitute)(JudyNC-Golick-34th) Influenza vaccine; revise definition (H&HS-Jerguson-22nd) Influenza vaccinations; hospitals offer annually to employees; require (H&HS-Dempsey-13th) TUESDAY, MARCH 9, 2010 899 Structured Rule HB 984 HB 1073 HB 1135 Income taxes; levy or collection of local income taxes; prohibit (Substitute)(W&M-O`Neal-146th) Elections; absentee ballots to uniformed and overseas voters; provisions (Substitute)(GAff-Meadows-5th) Transportation, Department of; enter into multiyear contracts; authorize (W&M-Roberts-154th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 298. By Senators Seay of the 34th, Brown of the 26th, Butler of the 55th, Jones of the 10th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the development and dissemination of instructional materials on the effects of alcohol and drug use, so as to require as a part of a course of study in secondary health education a course of study in basic first aid; to provide for mandatory certification in basic first aid as a condition of graduation from high school; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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; 900 JOURNAL OF THE HOUSE 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. SB 313. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. SB 322. By Senators Pearson of the 51st, Rogers of the 21st, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 334. By Senators Hill of the 32nd, Smith of the 52nd, Rogers of the 21st, Harp of the 29th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to create the crime of medical identity fraud; to provide for punishment; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 340. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: 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 require school systems and private schools to adopt a reporting system for freshman, sophomore, and junior high school students for TUESDAY, MARCH 9, 2010 901 the purpose of determining potential HOPE eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 381. By Senators Goggans of the 7th, Hill of the 4th, Bulloch of the 11th and Cowsert of the 46th: 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 reports and fee reports as a part of the budget report; to provide definitions; 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. HB 959. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), so as to provide for staggered terms of office for members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1045. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to abolish the office of elected county surveyor of Berrien County pursuant to Code Section 36-7-2.1 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 298. By Senators Seay of the 34th, Brown of the 26th, Butler of the 55th, Jones of the 10th, Fort of the 39th and others: A BILL to be entitled an Act to amend Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses in education and the development and dissemination of instructional materials on the effects of alcohol and drug use, so as to require as a part of a course of study in secondary health education a course of study in basic first aid; to provide for mandatory certification in basic first aid as a condition of graduation from high school; 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. 902 JOURNAL OF THE HOUSE SB 310. By Senators Hawkins of the 49th, Murphy of the 27th, Goggans of the 7th, Williams of the 19th, Carter of the 1st and others: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to 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 313. By Senator Harbison of the 15th: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to provide that an oath shall be given to all witnesses before the grand jury; to provide that unsworn testimony shall be disallowed and an action based upon unsworn testimony shall be void; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 322. By Senators Pearson of the 51st, Rogers of the 21st, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to provide for legislative findings; to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for use of the public, and the renewal of certain covenants, so as to clarify provisions relating to covenants; to provide for covenants adopted prior to the adoption of zoning laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 334. By Senators Hill of the 32nd, Smith of the 52nd, Rogers of the 21st, Harp of the 29th, Cowsert of the 46th and others: TUESDAY, MARCH 9, 2010 903 A BILL to be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide definitions; to create the crime of medical identity fraud; to provide for punishment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 340. By Senators Harp of the 29th, Weber of the 40th and Staton of the 18th: 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 require school systems and private schools to adopt a reporting system for freshman, sophomore, and junior high school students for the purpose of determining potential HOPE eligibility; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. SB 381. By Senators Goggans of the 7th, Hill of the 4th, Bulloch of the 11th and Cowsert of the 46th: 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 reports and fee reports as a part of the budget report; to provide definitions; 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. The following Resolution of the House was read: HR 1514. 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 2010 regular session of the General Assembly for the 904 JOURNAL OF THE HOUSE period of Thursday, March 11, 2010, through Monday, March 29, 2010, shall be as follows: Thursday, March 11 ..................................................................in session for legislative day 24 Friday, March 12 through Monday, March 15 ....................................................in adjournment Tuesday, March 16 ....................................................................in session for legislative day 25 Wednesday, March 17 ...............................................................in session for legislative day 26 Thursday, March 18 ..................................................................in session for legislative day 27 Friday, March 19 through Sunday, March 21 .....................................................in adjournment Monday, March 22 ....................................................................in session for legislative day 28 Tuesday, March 23 ....................................................................in session for legislative day 29 Wednesday, March 24 .........................................................................................in adjournment Thursday, March 25 ..................................................................in session for legislative day 30 Friday, March 26 through Sunday, March 28 .....................................................in adjournment Monday, March 29 ....................................................................in session for legislative day 31 BE IT FURTHER RESOLVED that on and after March 29, 2010, the periods of adjournment of the 2010 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. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of SR 1120 which shall be of no further force or effect after Thursday, March 11, 2010. 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 Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Y 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S 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 Mosby Y Murphy Neal Y Nix Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R TUESDAY, MARCH 9, 2010 905 Y Bryant Y Buckner E Burkhalter E Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan 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 E 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 Kidd 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Stephenson Y Stout 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 Ralston, Speaker On the adoption of the Resolution, the ayes were 150, nays 1. The Resolution was adopted. Representatives Mangham of the 94th 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. The following members were recognized during the period of Morning Orders and addressed the House: Hatfield of the 177th, Randall of the 138th, and Davis of the 109th. 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 Appropriations: 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. 906 JOURNAL OF THE HOUSE The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1328. By Representatives Sellier of the 136th and James of the 135th: A RESOLUTION commending the Georgia Peach Festival and inviting the 2010 Georgia Peach Queens to appear before the House of Representatives; and for other purposes. HR 1488. By Representatives Houston of the 170th, Rynders of the 152nd and Powell of the 171st: A RESOLUTION commending Mrs. Gwen Desselle, the 2010 Georgia Teacher of the Year, and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1490. By Representative Scott of the 2nd: A RESOLUTION commending Ashley Houts and inviting her to be recognized by 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 956. By Representatives Powell of the 171st, Willard of the 49th, Jacobs of the 80th, Ramsey of the 72nd, Collins of the 27th and others: A BILL to be entitled an Act to amend Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; 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 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, so as to provide that certain appeals improperly filed may be dismissed by the court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: TUESDAY, MARCH 9, 2010 907 SECTION 1. Code Section 5-6-48 of the Official Code of Georgia Annotated, relating to grounds for dismissal of appeal, is amended by revising subsection (b) as follows: "(b) No appeal shall be dismissed or its validity affected for any cause nor shall consideration of any enumerated error be refused, except: (1) For failure to file notice of appeal within the time required as provided in this article or within any extension of time granted hereunder; (2) Where the decision or judgment is not then appealable; or (3) Where the questions presented have become moot; or (4) Where the appeal was filed as a direct appeal pursuant to Code Section 5-6-34 but should have been filed as an application for appeal pursuant to Code Section 5-6-35." 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Heckstall Y Hembree Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson E Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey 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 Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard 908 JOURNAL OF THE HOUSE Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Hamilton Y Hanner Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Long Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Rynders Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 148, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Austin of the 10th, Henson of the 87th, Lucas of the 139th, Mangham of the 94th 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 984. 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 repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain 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 To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to repeal Article 6, relating to local income tax; to prohibit the levy or collection of local income taxes; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain 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. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by repealing in its entirety Article 6, relating to local income taxes. TUESDAY, MARCH 9, 2010 909 SECTION 2. Said chapter is further amended by adding a new Article 6 to read as follows: "ARTICLE 6 48-7-140. On or after the effective date of this Code section, there shall be no local income taxes whatsoever levied or collected by any political subdivision of this state, and no local income tax returns shall be required." SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of general law as it existed immediately prior to the effective date of this Act. (c) This Act shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to the effective date of this Act. 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 Austin Y Baker Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Henson Y Hill, C Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson E Jacobs E James Y Jerguson E Johnson 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 Y Mosby Y Murphy Y Neal Y Nix Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R 910 JOURNAL OF THE HOUSE Y Bryant Y Buckner E Burkhalter E Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y 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 Y Hatfield Y Heard Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Rynders Y Stephenson Y Stout 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 E Wix Y Yates Ralston, 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. Representatives Austin of the 10th, Henson of the 87th, Hill of the 180th, Lucas of the 139th, Mangham of the 94th, Smith of the 70th 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 1073. By Representatives Meadows of the 5th, Bryant of the 160th, Yates of the 73rd, Hanner of the 148th, Holt of the 112th 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 provision of absentee ballots to uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the transmission of blank absentee ballots to uniformed and overseas voters; 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 for the provision of absentee ballots to TUESDAY, MARCH 9, 2010 911 uniformed and overseas voters and the use of special write-in ballots; to provide that absentee ballots may be requested by electronic transmission; to provide that the State Election Board shall establish by rule or regulation procedures for the transmission of blank absentee ballots to uniformed and overseas voters; 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 (b) of Code Section 21-2-219, relating to registration by members of armed forces or merchant marine and permanent overseas citizens, as follows: "(b) A person who is a legal resident of this state and a citizen of the United States; who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas; and who will be absent from such person's county of residence until after the time for registering for an ensuing primary or election may make proper application for voter registration on the official post card or write-in absentee ballot provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended." SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, as follows: "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, 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." (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. 912 JOURNAL OF THE HOUSE (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 or any elector who is 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 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 preference primary held pursuant to Article 5 of this chapter and for any special election or special primary." TUESDAY, MARCH 9, 2010 913 SECTION 3. Said chapter is further amended by revising Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots by qualified absentee electors, as follows: "21-2-381.1. (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress in general, special, primary, and run-off elections, who is 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, and who makes timely application for but does not receive an official absentee ballot may vote by completing, signing, and mailing a federal write-in absentee ballot promulgated under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (b)(1) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State Any elector who is 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, when voting a federal write-in absentee ballot for a federal general, special, or run-off election, may designate a candidate by writing in the name of the candidate or by writing in a party preference for each office. A written designation of the political party shall be counted as a vote for the candidate of that party. (2) Except as provided in paragraph (3) of this subsection, an elector who is 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 vote in any election for a public office other than for a federal office by using the addendum provided in the federal write-in absentee ballot and writing in the title of the office and the name of the candidate for whom the elector is voting. In a general, special, or run-off election, the elector may alternatively designate a candidate by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person who the elector prefers for each office. A written designation of the political party shall be counted as a vote for the candidate of that party. (3) If the elector is voting in a primary or primary runoff, the elector shall identify the political party for which the elector has requested a ballot in the appropriate section of the federal write-in absentee ballot. A vote cast by writing in the name of a candidate who is not affiliated with the identified political party ballot is void and shall not be counted. (c) Except as otherwise provided in this Code section, a federal write-in absentee ballot shall be submitted and processed in the same manner as provided for official absentee ballots. A federal write-in absentee ballot of any elector who is 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, shall not be counted: 914 JOURNAL OF THE HOUSE (1) In the case of a ballot submitted by an overseas elector who is not an absent uniformed services elector, if the ballot is submitted from any location in the United States; (2) If the application of an elector who is 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, for an absentee ballot is received by the appropriate board of registrars after two days prior to a general, special, primary, or run-off election; or (3) If an official absentee ballot of an elector who is 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, is received by the appropriate board of registrars not later than the deadline for receipt of absentee ballots under subparagraph (a)(1)(G) of Code Section 21-2-386. (c)(d) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot The following rules shall apply with respect to federal write-in absentee ballots: (1) In completing the ballot, an elector who is 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 designate a candidate by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party; (2) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved; and (3) Any abbreviation, misspelling, or other minor variation in the form of the name of the candidate or a political party shall be disregarded in determining the validity of the ballot, if the intention of the elector can be ascertained. (d)(e) Upon receipt of said application, the registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office Any elector who is 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, who submits a federal write-in absentee ballot and later receives an official absentee ballot, may submit the official absentee ballot. An elector who is 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, who submits a federal write-in absentee ballot and later receives and submits an official TUESDAY, MARCH 9, 2010 915 absentee ballot should make every reasonable effort to inform the appropriate board of registrars that the elector has submitted more than one ballot. SECTION 4. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, as follows: "(2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, and at least 21 days prior to any municipal general primary or general election, mail or electronically transmit official absentee ballots to all electors 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." SECTION 5. Said chapter is further amended by revising Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, by adding a new subsection to read as follows: "(e) The State Election Board shall by rule or regulation establish procedures for the transmission of blank absentee ballots by mail and by electronic transmission for all electors 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, and by which such electors may designate whether the elector prefers the transmission of such ballots by mail or electronically. If no preference is stated, the ballot shall be transmitted by mail. The State Election Board shall by rule or regulation establish procedures to ensure to the extent practicable that the procedures for transmitting such ballots shall protect the security and integrity of such ballots and shall ensure that the privacy of the identity and other personal data of such electors 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, to whom a blank absentee ballot is transmitted under this Code section is protected throughout the process of such transmission." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. 916 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 Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes 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 Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson E Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 E Wix Y Yates Ralston, 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. 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. TUESDAY, MARCH 9, 2010 917 House of Representatives Atlanta, Georgia 30334 This version of HB 1073 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 1073. /s/ Bobby Franklin Representative, District 43 HB 1135. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to contracting powers of the Department of Transportation, so as to authorize the department to enter into multiyear contracts subject to certain terms and conditions; to provide that any such contract shall terminate at the close of each fiscal year and may be renewed only by positive action of the department; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E 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 Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson E Jacobs E James Y Jerguson E Johnson 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 Scott, A Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson 918 JOURNAL OF THE HOUSE Y Buckner E Burkhalter E Burns Y Butler Y Byrd Y Carter 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 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 Kaiser Y Keen Y Keown Y Kidd 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 O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Stout 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 E Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 155, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representatives Austin of the 10th and Mangham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1002. By Representatives Willard of the 49th, Ramsey of the 72nd, Powell of the 171st, McKillip of the 115th, Golick of the 34th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, prosecuting attorneys, public defenders, clerks and deputy clerks of court, court reporters, and probation officers; to change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the punishment for certain crimes committed upon judges, attorneys, clerks and deputy clerks of court, court reporters, and probation officers; to TUESDAY, MARCH 9, 2010 919 change provisions relating to aggravated assault; to change provisions relating to intimidation or injury of grand or petit jurors or court officers; to change provisions relating to terroristic threats and acts; to change provisions relating to dissemination of information relating to terroristic acts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-5-21, relating to aggravated assault, by adding a new subsection to read as follows: "(l) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term 'officer of the court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or probation officer." SECTION 2. Said title is further amended by revising Code Section 16-10-97, relating to intimidation or injury of grand or petit jurors or court officers, as follows: "16-10-97. (a) A person who by threat or force or by any threatening letter or communication: (1) Endeavors to intimidate or impede any grand juror or petit juror or any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court while in the discharge of such juror's or officer's duties; (2) Injures any grand juror or petit juror in his or her person or property on account of any indictment or verdict assented to by him or her or on account of his or her being or having been such juror; or (3) Injures any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court in his or her person or property on account of the performance of his or her official duties shall, upon conviction thereof, be punished by a fine of not more than $5,000.00 or by imprisonment for not more than five 20 years, or both. (b) As used in this Code section, the term 'any officer in or of any court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or probation officer." SECTION 3. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 16-11-37, relating to terroristic threats or acts, as follows: 920 JOURNAL OF THE HOUSE "(1) Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, probation officer, or party or producing any record, document, or other object in a judicial or official proceeding; or" SECTION 4. Said title is further amended by revising Code Section 16-11-37.1, relating to dissemination of information relating to terroristic acts, as follows: "16-11-37.1. It shall be unlawful for any person knowingly to furnish or disseminate through a computer or computer network any picture, photograph, or drawing, or similar visual representation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that if such act is in violation of paragraph (1) of subsection (d) of Code Section 16-11-37, the person convicted shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years or by a fine not to exceed $100,000.00 or both." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James N Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan 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 Scott, A Scott, M Y Sellier Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson TUESDAY, MARCH 9, 2010 921 Y Buckner E Burkhalter E Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y 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 N Harden, M N Hatfield Y Heard Y Kaiser Y Keen Y Keown Y Kidd 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 Mangham Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Ramsey Y Randall Y Reece N Reese Rice Y Roberts Y Rogers Y Rynders N Stout 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 E Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 9. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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 "nay" thereon. Representatives Mangham of the 94th and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1015. By Representatives Golick of the 34th, Hatfield of the 177th, Levitas of the 82nd, Ramsey of the 72nd, Setzler of the 35th and others: A BILL to be entitled an Act to amend Chapter 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street gang terrorism and prevention and criminal procedure, so as to expand and change provisions relating to criminal street gangs and criminal gang activity; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for the duration of his or her sentence; 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 15 of Title 16 and Title 17 of the Official Code of Georgia Annotated, relating, respectively, to street gang terrorism and prevention and criminal procedure, so 922 JOURNAL OF THE HOUSE as to expand and change provisions relating to criminal street gangs and criminal gang activity; to clarify language in legislative findings and intent; to change provisions relating to what constitutes criminal gang activity; to change provisions relating to commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity; to provide that the Georgia Bureau of Investigation shall be authorized to establish a state-wide criminal street gang data base, subject to funding availability; to require criminal gang offenses to be granted bail by a superior court judge; to provide that a person sentenced for violating the 'Georgia Criminal Street Gang Terrorism and Prevention Act' be supervised on probation for an extended period of time; 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 15 of Title 16 of the Official Code of Georgia Annotated, relating to street gang terrorism and prevention, is amended by revising Code Section 16-15-2, relating to legislative findings and intent, as follows: "16-15-2. (a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent criminal street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. (c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by criminal street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of criminal street gangs which together are the chief source of terror created by criminal street gangs. (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of criminal street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs." TUESDAY, MARCH 9, 2010 923 SECTION 2. Said chapter is further amended by revising paragraph (2) of Code Section 16-15-3, relating to definitions, as follows: "(2) 'Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity as defined in paragraph (1) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics, including, but not limited to, common activities, customs, or behaviors. Such term shall not include three or more persons, associated in fact, whether formal or informal, who are not engaged in criminal gang activity." SECTION 3. Said chapter is further amended by revising Code Section 16-15-4, relating to participation in criminal street gang activity prohibited, as follows: "16-15-4. (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal street gang activity through the commission of any offense enumerated in paragraph (1) of Code Section 16-15-3. (b) It shall be unlawful for any person employed by or associated with a criminal street gang to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses. (c) It shall be unlawful for any person to commit any offense enumerated in paragraph (1) of Code Section 16-15-3 with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang. (d)(c) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (e)(d) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management or leadership with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in criminal gang activity. (f)(e) It shall be unlawful for any person to cause, encourage, solicit, recruit, or coerce another to become a member or associate of a criminal street gang, to participate in a criminal street gang, or to conduct or participate in criminal gang activity. (g)(f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to of any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. 924 JOURNAL OF THE HOUSE (h)(g) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to of any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (h) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for refusing to or encouraging another to refuse to become or obtain the status of a member or associate of a criminal street gang. (i) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to punish or retaliate against such person for providing statements or testimony against criminal street gangs or any criminal street gang member or associate. (j) In addition to the prohibitions set forth in Code Section 16-10-93, it shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or of any associate or relative of the other person with the intent to intimidate, deter, or prevent such person from communicating to any law enforcement or corrections officer, prosecuting attorney, or judge information relating to criminal street gangs, criminal street gang members or associates, or criminal gang activity. (i)(k)(1) Any person who violates subsection (a), (b), or (c), or (d) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than five nor more than 15 years or by a fine of not less than $10,000.00 nor more than $15,000.00, or both. (2) Any person who violates subsection (e) (d) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (e), (f), (g), or (h), (i) or (j) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than three nor more than ten years. (l) In addition to any other penalty provided by this Code section, all sentences imposed under this Code section shall require as a special condition of the sentence that the person sentenced shall not knowingly have contact of any kind or character with any other member or associate of a criminal street gang, shall not participate in any criminal gang activity, and, in cases involving a victim, shall not knowingly have contact of any kind or character with any such victim or any member of any such victim's family or household. (j)(m) Any crime committed in violation of this Code section shall be considered a separate offense." TUESDAY, MARCH 9, 2010 925 SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 16-15-7, relating to real property used by criminal street gangs declared a public nuisance, as follows: "(d) The state, any political subdivision thereof, or any person aggrieved by a pattern of criminal street gang or criminal gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section 16-14-6." SECTION 5. Said chapter is further amended by revising Code Section 16-15-9, relating to commission of offense admissible as evidence of existence of criminal street gang and criminal gang activity, as follows: "16-15-9. The commission of any offense enumerated in paragraph (1) of Code Section 16-15-3 by any member or associate of a criminal street gang shall be admissible in any trial or proceeding for the purpose of proving the existence of the criminal street gang and criminal gang activity." SECTION 6. Said chapter is further amended by revising Code Section 16-15-10, relating to the Criminal Street Gang Reward Fund, as follows: "16-15-10. There shall be established as part of the Prosecuting Attorney's Attorneys' Council of the State of Georgia the Criminal Street Gang Reward Fund. The chief of police, sheriff, or chairperson of any county governing authority may request the posting of up to a $5,000.00 reward for information leading to the arrest and conviction of any person involved in criminal street gang activity that leads to the death or maiming of another person or property damage in the amount of $2,500.00 or more." SECTION 7. Said chapter is further amended by adding a new Code section to read as follows: "16-15-11. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the Georgia Bureau of Investigation shall be authorized to establish, develop, manage, and maintain a state-wide criminal street gang data base, to be known as the Georgia Criminal Street Gang Database, to facilitate the exchange of information between federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments. The Georgia Bureau of Investigation shall be authorized to solicit input from law enforcement and prosecuting attorneys in determining useful information for such data base so that information may be used by law enforcement, prosecution and corrections agencies, and other agencies, offices, and departments for investigative, prosecutorial, and corrections purposes. 926 JOURNAL OF THE HOUSE (b) Once the Georgia Criminal Street Gang Database is created and operational, the Georgia Bureau of Investigation shall be authorized to notify all federal, state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments located in this state that information regarding criminal street gangs and their members and associates shall be entered into the Georgia Criminal Street Gang Database. (c) The Georgia Bureau of Investigation shall be authorized to create and promulgate a uniform reporting format for the entry of pertinent information received from law enforcement, prosecution and corrections agencies, offices, and departments for use in the Georgia Criminal Street Gang Database. (d) All state, county, and municipal law enforcement, prosecution and corrections agencies, offices, and departments may timely furnish information acquired relating to criminal street gangs and criminal gang activity to the Georgia Bureau of Investigation to be included in the Georgia Criminal Street Gang Database according to the reporting format developed by the Georgia Bureau of Investigation. (e) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, the information and related records associated with the Georgia Criminal Street Gang Database shall not be open to inspection by or made available to the public." SECTION 8. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-6-1, relating to where offenses are bailable, by striking "and" at the end of paragraph (11), striking the period at the end of paragraph (12) and inserting "; and" in lieu thereof, and adding a new paragraph to read as follows: "(13) Violations of the 'Georgia Street Gang Terrorism and Prevention Act.'" SECTION 9. Said title is further amended by revising paragraph (4) of subsection (f) of Code Section 17-6-1, relating to where offenses are bailable, as follows: "(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3 For violations of Code Section 16-15-4, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and, in cases involving a victim, that the defendant shall not have contact of any kind or character with the any such victim or any member of the any such victim's family or household." SECTION 10. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 17-10-1, relating to fixing of sentence, as follows: TUESDAY, MARCH 9, 2010 927 "(2) Probation supervision shall terminate in all cases no later than two years from the commencement of probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving the collection of fines, restitution, or other funds, the period of supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs, and for those cases involving a conviction under the 'Georgia Street Gang Terrorism and Prevention Act,' the period of supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph. Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles." 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 Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Knight Y Knox Y Lane, B Y Lane, R Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 928 JOURNAL OF THE HOUSE Y Channell Y 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 Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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. House of Representatives Atlanta, Georgia 30334 This version of HB 1015 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 1015. /s/ Bobby Franklin Representative, District 43 HB 917. By Representatives Jacobs of the 80th, Lindsey of the 54th, Willard of the 49th, Powell of the 171st, Collins of the 27th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; to provide for application and construction; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 9, 2010 929 The following Committee substitute was read and adopted: A BILL To amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act with the "Uniform Interstate Depositions and Discovery Act"; to provide for a short title; to provide for definitions; to provide for issuance and service of subpoenas; to provide for depositions and production and inspection of documents and tangible evidence; to provide for protective orders; 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 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing attendance of witnesses and production and preservation of evidence, is amended by repealing Article 6, the "Uniform Foreign Depositions Act," and enacting a new Article 6 to read as follows: "ARTICLE 6 24-10-110. This article shall be known and may be cited as the 'Uniform Interstate Depositions and Discovery Act.' 24-10-111. As used in this article, the term: (1) 'Foreign jurisdiction' means a state other than this state. (2) 'Foreign subpoena' means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) '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. (4) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Native American tribe, or any territory or insular possession subject to the jurisdiction of the United States. (5) 'Subpoena' means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; 930 JOURNAL OF THE HOUSE (B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of such person; or (C) Permit inspection of premises under the control of such person. 24-10-112. (a) To request issuance of a subpoena under this Code section, a party shall submit a foreign subpoena to the clerk of superior court of the county in which the person receiving the subpoena resides. A request for the issuance of a subpoena under this Code section shall not constitute an appearance in the courts of this state. (b) When a party submits a foreign subpoena to a clerk of superior court in this state, the clerk shall promptly issue and provide to the requestor a subpoena for service upon the person to which the foreign subpoena is directed. (c) A subpoena under subsection (b) of this Code section shall: (1) Incorporate the terms used in the foreign subpoena; and (2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (d) This Code section shall not apply to criminal proceedings. 24-10-113. (a) For purposes of this Code section, the term 'subpoena' shall have only the meaning set forth in subparagraph (A) of paragraph (5) of Code Section 24-10-111. (b) In addition to the mechanism for issuing subpoenas provided for in Code Section 24-10-112, whenever any mandate, writ, or commission is issued out of any court of record in a foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness in this state, a witness may be compelled by subpoena issued by the clerk of superior court of the county in which such witness resides to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state. 24-10-114. A subpoena issued by the clerk of superior court under Code Section 24-10-112 or 2410-113 shall be served in compliance with Code Section 24-10-23 and shall be served within a reasonable time prior to the appearance required by such subpoena. 24-10-115. Part 1 of Article 2 of this chapter shall apply to subpoenas issued under Code Section 24-10-112 or 24-10-113. 24-10-116. An application for a protective order or to enforce, quash, or modify a subpoena issued by the clerk of superior court under Code Section 24-10-112 or 24-10-113 shall comply TUESDAY, MARCH 9, 2010 931 with the statutes and court rules of this state and shall be submitted to the superior court of the county in which the subpoena was issued." SECTION 2. This Act shall become effective on July 1, 2010, and shall apply to requests for discovery served on or after July 1, 2010, in actions pending on or after July 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: 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Ralston, Speaker 932 JOURNAL OF THE HOUSE 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 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 883. By Representatives Levitas of the 82nd, McCall of the 30th, England of the 108th, Roberts of the 154th, Burns of the 157th and others: A BILL to be entitled an Act to amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, so as to provide the Commissioner of Agriculture with certain authority regarding safety plans; to provide a short title; to mandate certain written safety plans; to provide for civil and criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Sanitary Activity for Food-Processing Enterprises (SAFE) Act." SECTION 2. Code Section 26-2-27.1 of the Official Code of Georgia Annotated, relating to written food safety plans, is amended by revising subsection (b) as follows: "(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 TUESDAY, MARCH 9, 2010 933 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. (C) A food processing plant that fails to comply with the provisions of subparagraph (B) of this paragraph shall be punished by the fine of a $5,000.00 civil penalty and shall submit to the Commissioner a written plan, pursuant to subparagraph (B) of this paragraph, within 30 days of the determination by the Commissioner that such violation has occurred; provided, however, that for a second or subsequent violation of subparagraph (B) of this paragraph within five years, as measured from the date of the violation for which a civil penalty is imposed pursuant to this subparagraph, such food processing plant shall be guilty of a misdemeanor of a high and aggravated nature. (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." SECTION 3. Said Code section is further amended by revising subsections (e) and (f) as follows: "(e)(1) 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 934 JOURNAL OF THE HOUSE 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. (2) Any person who fails to make the report required by paragraph (1) of this subsection shall be guilty of a misdemeanor. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law. (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. Any person who violates this subsection shall be guilty of a misdemeanor. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law." SECTION 4. Said Code section is further amended by adding a new subsection to read as follows: "(h) Any person who knowingly introduces into commerce finished foods or finished food ingredients as manufactured at a food processing plant containing 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 shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment for not less than one nor more than 20 years, a fine not to exceed $20,000.00, or both. The punishment provided for in this subsection shall be supplemental to any other applicable provisions of law." 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 N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Crawford N Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo McCall Y McKillip Y Meadows Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield TUESDAY, MARCH 9, 2010 935 Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns N Butler N Byrd Y Carter 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 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 N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Mangham Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts Y Rogers N Rynders Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Stout 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 E Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 142, nays 20. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative 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 571 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman 936 JOURNAL OF THE HOUSE 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 1514. By Representative Keen of the 179th: A RESOLUTION relative to adjournment; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1154. By Representative Jerguson of the 22nd: A BILL to be entitled an Act to amend Code Section 43-34-26.1 of the Official Code of Georgia Annotated, relating to influenza vaccine protocol agreements, so as to revise the definition of "influenza vaccine"; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson E Johnson 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 Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton TUESDAY, MARCH 9, 2010 937 E Burns Y Butler Y Byrd Y Carter 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 Keown Y Kidd 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 Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers Rynders 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 E Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 163, nays 1. 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. 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 1179. By Representatives Dempsey of the 13th, Cooper of the 41st, Randall of the 138th, Wilkinson of the 52nd, Sims of the 119th and others: A BILL to be entitled an Act to amend Code Section 31-7-18 of the Official Code of Georgia Annotated, relating to influenza vaccinations for discharged patients aged 65 and older, vaccinations or other measures for health care workers in hospitals, immunity from liability, and standing orders, so as to require hospitals to annually offer influenza vaccinations and other measures to its health care workers and other employees; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Rule 133, Representative Franklin of the 43rd was excused from voting on HB 1179. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 938 JOURNAL OF THE HOUSE 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter E Burns Y Butler N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Coleman E Collins, D Y Collins, T Y Cooper E Cox Y Crawford N Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson N Dollar Dooley E Drenner Y Dukes N Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton N 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 E Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James N Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham Y Manning Y Marin Y Martin N Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier E Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson N Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 133, nays 27. The Bill, having received the requisite constitutional majority, was passed. The following Resolution of the House was read and referred to the Committee on Rules: HR 1518. By Representatives Cole of the 125th and Smith of the 113th: A RESOLUTION recognizing and commending Bobby Cox and inviting him to be recognized by the House of Representatives; and for other purposes. TUESDAY, MARCH 9, 2010 939 The following Resolutions of the House were read and adopted: HR 1519. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dottie Peoples in making the ninth annual Clergy Day a success; and for other purposes. HR 1520. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Pastor Eric Wendell Lee of Springfield Baptist Church in making the ninth annual Clergy Day a success; and for other purposes. HR 1521. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Apostle Jacquie Tyre of Kairos Transformation Ministries in making the ninth annual Clergy Day a success; and for other purposes. HR 1522. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Pastor Marvin Moss of Cascade United Methodist Church in making the ninth annual Clergy Day a success; and for other purposes. HR 1523. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Pastor Nathaniel Bronner of Ark of Salvation in making the ninth annual Clergy Day a success; and for other purposes. HR 1524. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Toni Alvarado of Total Grace in making the ninth annual Clergy Day a success; and for other purposes. HR 1525. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Sabrina McKenzie in making the ninth annual Clergy Day a success; and for other purposes. 940 JOURNAL OF THE HOUSE HR 1526. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of C.J. Harris of NACA in making the ninth annual Clergy Day a success; and for other purposes. HR 1527. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Elizabeth Omalami in making the ninth annual Clergy Day a success; and for other purposes. HR 1528. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Cindy Trimm in making the ninth annual Clergy Day a success; and for other purposes. HR 1529. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Hyma Vati Mikkilinen of The Hindu Temple of Atlanta in making the ninth annual Clergy Day a success; and for other purposes. HR 1530. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Valeria Tate Green in making the ninth annual Clergy Day a success; and for other purposes. HR 1531. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Bishop Gary Hawkins of Voices of Faith Ministries in making the ninth annual Clergy Day a success; and for other purposes. HR 1532. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of DeeDee Bullock in making the ninth annual Clergy Day a success; and for other purposes. HR 1533. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Jamal Hopkins in making the ninth annual Clergy Day a success; and for other purposes. TUESDAY, MARCH 9, 2010 941 HR 1534. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Georgia Labor Commissioner Michael Thurmond in making the ninth annual Clergy Day a success; and for other purposes. HR 1535. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Talein DeJan in making the ninth annual Clergy Day a success; and for other purposes. HR 1536. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Rabbi Loren Filson Lapidus of The Temple in making the ninth annual Clergy Day a success; and for other purposes. HR 1537. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION commending the dedicated work of Dr. Hope Taylor of the International Leadership Embassy in making the ninth annual Clergy Day a success; and for other purposes. HR 1538. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Russell Wall; and for other purposes. HR 1539. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Marian Hill; and for other purposes. HR 1540. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Gene Thurston; and for other purposes. HR 1541. By Representative Smith of the 168th: A RESOLUTION commending Chelsie Marie Restrepo; and for other purposes. 942 JOURNAL OF THE HOUSE HR 1542. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Lynn Barber; and for other purposes. HR 1543. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Cynthia Mixon; and for other purposes. HR 1544. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Cynthia Mixon; and for other purposes. HR 1545. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Katy Smith; and for other purposes. HR 1546. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Geni Specht; and for other purposes. HR 1547. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Robert Andraszek; and for other purposes. HR 1548. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Ginger Moore; and for other purposes. HR 1549. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Judy Maxwell; and for other purposes. HR 1550. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Anthony Shinn; and for other purposes. TUESDAY, MARCH 9, 2010 943 HR 1551. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Christi McElhenney; and for other purposes. HR 1552. By Representative Channell of the 116th: A RESOLUTION commending a future leader, John Keebler; and for other purposes. HR 1553. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Jamie Murray; and for other purposes. HR 1554. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Bonnie Maddox; and for other purposes. HR 1555. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Mark Dugan; and for other purposes. HR 1556. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Andrea Farley; and for other purposes. HR 1557. By Representatives Benfield of the 85th, Abrams of the 84th, Oliver of the 83rd and Henson of the 87th: A RESOLUTION recognizing and commending Reverend Jack Marks on the occasion of his tenth pastoral anniversary with Thankful Missionary Baptist Church; and for other purposes. HR 1558. By Representative Channell of the 116th: A RESOLUTION Commending a future leader, Jenny Coronel; and for other purposes. 944 JOURNAL OF THE HOUSE HR 1559. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Alisa Crudup; and for other purposes. HR 1560. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Nichole Crawford; and for other purposes. HR 1561. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Dinah Anderson; and for other purposes. HR 1562. By Representative Channell of the 116th: A RESOLUTION commending a future leader, Ralph Brown; and for other purposes. HR 1563. By Representatives Benfield of the 85th, Mosby of the 90th, Henson of the 87th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Solomon's Porch Ministries on the occasion of its tenth anniversary; and for other purposes. HR 1564. By Representative Mills of the 25th: A RESOLUTION Recognizing and commending Buford High School's Jamie Pridemore; and for other purposes. HR 1565. By Representatives Carter of the 175th, Shaw of the 176th, Black of the 174th and Roberts of the 154th: A RESOLUTION commending Valdosta State University; and for other purposes. HR 1566. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th, Stephens of the 164th and Parrish of the 156th: A RESOLUTION recognizing and commending Patrick Chancy; and for other purposes. TUESDAY, MARCH 9, 2010 945 HR 1567. By Representative Burkhalter of the 50th: A RESOLUTION recognizing and commending Mr. Richard A. Anderson; and for other purposes. HR 1568. By Representatives Shaw of the 176th and Lane of the 167th: A RESOLUTION commending Mr. James L. Conine; and for other purposes. HR 1569. By Representative Greene of the 149th: A RESOLUTION recognizing and commending Early County 2055 and the Birdsong Peanut Company; and for other purposes. HR 1570. By Representative Greene of the 149th: A RESOLUTION recognizing and commending the 8th Global Mural Arts and Cultural Tourism Association Conference in Colquitt, Georgia; and for other purposes. HR 1571. By Representative Powell of the 29th: A RESOLUTION honoring the life and memory of the Honorable Selma Parris Cheely; and for other purposes. HR 1572. By Representative Powell of the 29th: A RESOLUTION recognizing and commending Officer Scott Stowe; and for other purposes. HR 1573. By Representative Powell of the 29th: A RESOLUTION honoring the life and memory of Mr. Daniel "Dan" David Caldwell; and for other purposes. HR 1574. By Representative Powell of the 29th: A RESOLUTION honoring the life and memory of Mr. Alton Jerry Cleveland, Sr.; and for other purposes. 946 JOURNAL OF THE HOUSE HR 1575. By Representatives Powell of the 29th and McCall of the 30th: A RESOLUTION commending the Honorable John Waggoner upon the occasion of his retirement; and for other purposes. HR 1576. By Representatives Wilkinson of the 52nd, Ashe of the 56th, Gardner of the 57th and Levitas of the 82nd: A RESOLUTION honoring the life and memory of Mr. Cecil Turner; and for other purposes. HR 1577. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION recognizing and commending Ms. Andrea Allison Gilbert; and for other purposes. HR 1578. By Representatives Wilkinson of the 52nd, Lindsey of the 54th, Martin of the 47th, Burkhalter of the 50th and Ashe of the 56th: A RESOLUTION recognizing and commending Mr. John K. Dewberry; and for other purposes. HR 1579. By Representatives Ramsey of the 72nd, Yates of the 73rd and Fludd of the 66th: A RESOLUTION recognizing Dr. John DeCotis on the occasion of his retirement as Superintendent of Fayette County Public Schools; and for other purposes. HR 1580. By Representatives Lindsey of the 54th and Dobbs of the 53rd: A RESOLUTION recognizing and commending Connor Green; and for other purposes. HR 1581. By Representative McCall of the 30th: A RESOLUTION recognizing and commending Ms. Becky Roberts; and for other purposes. HR 1582. By Representative Cole of the 125th: A RESOLUTION commending the Monticello First United Methodist Church; and for other purposes. TUESDAY, MARCH 9, 2010 947 HR 1583. By Representatives Gardner of the 57th, Wilkinson of the 52nd, Bruce of the 64th, Taylor of the 55th and Ashe of the 56th: A RESOLUTION commending the Georgia Institute of Technology for earning a top 25 ranking on the annual list of "Top Peace Corps Volunteer Producing Colleges and Universities"; and for other purposes. HR 1584. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Michael A. "Mickey" Wilson; and for other purposes. HR 1585. By Representative Dollar of the 45th: A RESOLUTION commending registered dieticians and recognizing March 10, 2010, as Registered Dieticians Day at the state capitol; and for other purposes. HR 1586. By Representative Knox of the 24th: A RESOLUTION recognizing March 10, 2010, as Catholic Day at the state capitol; and for other purposes. HR 1587. By Representative Jones of the 44th: A RESOLUTION commending the Council on Aging and recognizing March 10, 2010, as District 44 Senior Citizens Day at the state capitol; and for other purposes. Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: Your Committee on Economic Development and Tourism has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 374 Do Pass Respectfully submitted, /s/ Casas of the 103rd Vice-Chairman 948 JOURNAL OF THE HOUSE Representative Walker of the 107th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 341 Do Pass Respectfully submitted, /s/ Walker of the 107th 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 203 Do Pass HB 1134 Do Pass HR 1146 Do Pass Respectfully submitted, /s/ Smith of the 168th Chairman Representative Roberts of the 154th 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 1234 Do Pass HR 1446 Do Pass, by Substitute TUESDAY, MARCH 9, 2010 949 Respectfully submitted, /s/ Roberts of the 154th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 982 HB 1020 HB 1060 HB 1082 Do Pass Do Pass Do Pass Do Pass HB 1093 Do Pass, by Substitute HB 1188 Do Pass, by Substitute HR 1203 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. 950 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, March 10, 2010 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 Bell Benton Black Brooks Bruce Bryant Buckner E Burkhalter E Burns Byrd Carter Casas Chambers Channell Cheokas Coan Coleman E Collins, D Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene E Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard Hembree Henson Hill, C Holt Horne Houston Howard Jackson E James Jerguson E Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Kidd Knox Lane, B Lane, R Levitas Lindsey Long Lunsford Manning Marin Martin Maxwell May Mayo McKillip Meadows E Millar Mills Mitchell Morgan Morris Mosby Neal Oliver O'Neal Parrish Parsons Peake Powell, A Powell, J Purcell Ramsey Randall Reece Roberts Rogers Rynders Scott, A Scott, M Sellier E Setzler Shaw E Sheldon Sims, B Sims, C Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Stephens, M Stephens, R Talton Teilhet Thompson Walker Weldon Wilkinson Willard Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Benfield of the 85th, Butler of the 18th, Day of the 163rd, Epps of the 128th, Heckstall of the 62nd, Hill of the 180th, Hudson of the 124th, Hugley of the 133rd, Knight of the 126th, Loudermilk of the 14th, Lucas of the 139th, Maddox of the 172nd, Maddox of the 127th, McCall of the 30th, Murphy of the 120th, Nix of the 69th, Porter of the 143rd, Pruett of the 144th, Smyre of the 132nd, Stephenson of the 92nd, Stout of the 19th, Taylor of the 55th, Thomas of the 100th, Williams of the 89th, and Williams of the 165th. They wish to be recorded as present. WEDNESDAY, MARCH 10, 2010 951 Prayer was offered by Dr. C. William Joyner, Jr., Pastor, Broadway 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. Pursuant to HR 1481, a ceremony was held on the floor of the House of Representatives for the purpose of unveiling the official portrait of the former Speaker of the House, the late Thomas B. Murphy. The Speaker 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 1323. By Representatives Geisinger of the 48th, Willard of the 49th, Rice of the 51st and Wilkinson of the 52nd: A BILL to be entitled an Act to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to limit the transfer of certain revenues; to provide for 952 JOURNAL OF THE HOUSE related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1325. By Representatives Buckner of the 130th, Porter of the 143rd, Meadows of the 5th, Reece of the 11th, McKillip of the 115th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act," so as to define certain terms; to provide that not more than 35 percent of the land of said island shall be developed or disturbed; to provide that not less than 65 percent of the land of said island shall remain undeveloped; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1326. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; 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 1327. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a WEDNESDAY, MARCH 10, 2010 953 referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1328. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to upwardly adjust certain fees to account for inflation and repeal certain fees assessed by the sheriff and the superior, probate, and magistrate courts; to amend Code Section 14-10-4 and Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to formation of professional associations and rural telephone cooperatives, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1329. By Representative Carter of the 175th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require insurers to notify any person claiming to have a personal injury loss under an insurance contract of the statute of limitations for bringing an action; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1330. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1331. By Representative Hill of the 180th: A BILL to be entitled an Act to authorize the City of Kingsland 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 954 JOURNAL OF THE HOUSE provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1332. 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 1333. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3871), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; 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 1334. By Representatives Hill of the 180th, Smith of the 129th, Houston of the 170th, Scott of the 153rd, Smith of the 168th and others: A BILL to be entitled an Act to amend Code Section 16-12-100.1 of the Official Code of Georgia Annotated, relating to electronically furnishing obscene material to minors, so as to include cellular telephone transmissions as prohibited methods of transmission; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. WEDNESDAY, MARCH 10, 2010 955 HB 1335. By Representatives Benfield of the 85th, Scott of the 153rd, Oliver of the 83rd, Neal of the 1st, Ashe of the 56th 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 any person at least 16 years old who is a student in a public, private, or registered home school and who otherwise meets all qualifications of electors may preregister to vote; to provide that any person so preregistered shall be automatically registered to vote upon attaining the age of eligibility; to provide certain conditions; to provide for a preregistration drive; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1336. By Representatives Loudermilk of the 14th, Martin of the 47th and Amerson of the 9th: A BILL to be entitled an Act to amend Chapter 25 of Title 50 of the O.C.G.A., relating to the Georgia Technology Authority, so as to provide for new duties and procedures for the Georgia Technology Authority; to amend Article 2 of Chapter 3 of Title 28 of the O.C.G.A., relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to provide for the public distribution of legislative information in electronic format; to amend Code Section 40-5-2 of the O.C.G.A., relating to keeping records of applications for drivers' licenses and information on licenses; to amend Article 3 of Chapter 7 of Title 45 of the O.C.G.A., relating to salary deductions, so as to repeal certain provisions relating to deductions for purchase of personal computing; to amend Code Section 50-13-9.1 of the O.C.G.A., relating to variances or waivers to rules, so as to change certain references regarding the Georgia Technology Authority; and for other purposes. Referred to the Committee on Judiciary. HB 1337. 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 creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; to provide for submission for preclearance under Section 5 of the 956 JOURNAL OF THE HOUSE 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 1338. By Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; 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 1339. By Representatives Casas of the 103rd, Lindsey of the 54th and Dickson of the 6th: 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 require the submission of a bill for a fiscal note when such bill has a significant impact upon anticipated revenues or expenditures of a local school system; to provide for cooperation by the Department of Education and the State School Superintendent; to provide for distribution of the bill and fiscal notes to local school superintendents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1340. By Representatives Thompson of the 104th, Ashe of the 56th, Powell of the 171st, Jacobs of the 80th and Kaiser of the 59th: A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to enforcement boards created on or after January 1, 2003, so as to provide that local governments may require owners of property for which a homestead exemption is not claimed to provide the tax commissioner or the city clerk with the name and address of an agent responsible for service of property maintenance issues associated with structures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. WEDNESDAY, MARCH 10, 2010 957 HB 1341. By Representative Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1342. By Representative Levitas of the 82nd: A BILL to be entitled an Act to amend Code Sections 43-34-25 and 43-34103 of the Official Code of Georgia Annotated, relating to the delegation of certain acts to advanced practice registered nurses and to applications for physician assistants, respectively, so as to amend certain provisions relating to the authority of advanced practice registered nurses acting pursuant to a nurse protocol agreement with a physician; to amend certain provisions relating to the authority of physician assistants; 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. HR 1515. By Representatives Smith of the 113th, Cheokas of the 134th, Lunsford of the 110th, Jerguson of the 22nd, Stephens of the 164th and others: A RESOLUTION to create the Georgia Commission For Entrepreneurship Excellence; to provide for the membership, duties, and operation of the joint executive, House, and Senate commission; and for other purposes. Referred to the Committee on Economic Development & Tourism. HR 1516. By Representatives Hill of the 180th, Smith of the 129th, Lindsey of the 54th, Keen of the 179th and Smith of the 168th: A RESOLUTION commending the Coast Guard Maritime Safety and Security Team 91108 in St. Marys, Georgia, and urging the President of the United States, the United States Congress, and the United States Coast Guard not to decommission the unit as currently proposed; and for other purposes. Referred to the Committee on Defense & Veterans Affairs. 958 JOURNAL OF THE HOUSE HR 1517. By Representatives Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd, Ashe of the 56th, Wix of the 33rd and others: A RESOLUTION urging the United States Congress to fund fully the Resource Conservation and Development Program; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1588. 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 Baker, Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson Counties, Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. 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 1343. By Representatives Powell of the 171st, Smith of the 131st, Chambers of the 81st, Martin of the 47th and Collins of the 27th: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings for and determinations of probation in criminal cases, so as to change the amount of certain fees charged to probationers; to change provisions relating to the waiver of such fees under certain circumstances and sanctions for failure to pay fees; to provide for the mandatory nature of fees charged to defendants sentenced to day reporting centers as a condition of probation; 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 Appropriations. HB 1344. By Representatives Benton of the 31st, Powell of the 29th and McCall of the 30th: WEDNESDAY, MARCH 10, 2010 959 A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, so as to change the duty to inspect salvaged or rebuilt motor vehicles from the state revenue commissioner to the commissioner of public safety; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1358. By Representatives Lunsford of the 110th, England of the 108th, Harbin of the 118th, Channell of the 116th, Martin of the 47th 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 require that the price paid by the state for sealed bids shall not exceed the price offered to other customers; to require the solicitation of competitive sealed bids prior to renewing certain state-wide contracts; to provide for definitions of terms; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1589. By Representatives Lindsey of the 54th and Ashe of the 56th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to limit the functions performed by any county with more than 80 percent of its land area located in one or more municipal corporations to those functions required by law or authorized by intergovernmental 960 JOURNAL OF THE HOUSE contract; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on State Planning & Community Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1280 HB 1281 HB 1282 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290 HB 1291 HB 1292 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1306 HB 1307 HB 1308 HB 1310 HB 1311 HB 1312 HB 1313 HB 1314 HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1324 HR 1482 HR 1483 HR 1484 HR 1485 HR 1486 HR 1487 HR 1513 SB 298 SB 310 SB 313 SB 322 SB 334 SB 340 SB 381 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: WEDNESDAY, MARCH 10, 2010 961 HB 1161 HB 1210 HB 1211 HB 1212 HB 1225 HB 1254 Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1255 HB 1261 HB 1275 SB 277 SB 279 SB 422 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bill of the 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 Resolution of the House, referred to the House Rules Subcommittee on Invites, was reported by the Committee on Rules with the following recommendation: HR 1492 Do Pass Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report: Mr. Speaker: Your Committee on Science & Technology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 319 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th Chairman 962 JOURNAL OF THE HOUSE The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 10, 2010 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 None Modified Open Rule HB 925 HB 1072 Mandatory education; unexcused absence notice sent by United States mail; provide (Ed-Benton-31st) Motor vehicle franchise practices; voluntary releases; provisions (Substitute)(MotV-Stephens-164th) Modified Structured Rule HB 1085 SB 305 Reunification of family; additional case plan and permanency plan requirements; provisions (C&Y-Dempsey-13th) Transportation Department; design-build method; increase the percentage of projects contracted (Substitute)(Trans-Sheldon-105th) Mullis-53rd Structured Rule HB 1094 Natural Resources, Department of; develop water conservation incentives; require (Substitute)(NR&E-Smith-70th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman WEDNESDAY, MARCH 10, 2010 963 By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time: HB 1161. By Representatives Peake of the 137th, Randall of the 138th, Epps of the 140th, Sellier of the 136th and Cole of the 125th: A BILL to be entitled an Act to provide for the unified government of Macon-Bibb, Georgia; to provide for boundaries and service districts; to provide for a board of commissioners and the elections, terms, salaries, organization, and vacancies relative to board members; to provide for a legislative process; to provide for ethics; to provide for a mayor and the terms, elections, and salary relative to the office of mayor; to provide for governmental administration; to provide for a judiciary; to provide for elections and election districts; to provide for revenue and finance; to provide for a conditional effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To provide for the unified government of Macon-Bibb, Georgia; to provide for boundaries and service districts; to provide for a board of commissioners and the elections, terms, salaries, organization, and vacancies relative to board members; to provide for a legislative process; to provide for ethics; to provide for a mayor and the terms, elections, and salary relative to the office of mayor; to provide for governmental administration; to provide for a judiciary; to provide for elections and election districts; to provide for revenue and finance; to provide for taxation; to provide for procurement and distribution of property; to provide for the application of laws; to provide for a limitation on claims; to provide for a retirement system; to provide for powers; to provide for transition; to provide for the dissolution of existing governments; to provide for a referendum; to provide for a conditional effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT SECTION 1-101. Unification of county and city; creation of unified government. 964 JOURNAL OF THE HOUSE (a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Macon, a municipal corporation created by an Act of the General Assembly of Georgia, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Bibb County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Bibb County, which single government shall supersede and replace the governments of the City of Macon and Bibb County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state, to be known as "Macon-Bibb, Georgia," having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Macon and Bibb County, and also the powers, duties, and functions provided in this charter. Such unified government shall not include the municipal corporation of Payne City, Georgia, which shall retain its charter and maintain the same legal relationship with the unified government as it had with Bibb County prior to the effective date of this charter, except as otherwise provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Macon or Bibb County; and by the name of Macon-Bibb, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after the effective date of this charter, the political subdivision known as Bibb County, Georgia, and the municipal corporation known as the City of Macon, Georgia, shall be unified into the said new political entity created in this charter. (b) Macon-Bibb, Georgia shall encourage the meaningful involvement in its operations of all citizens of Macon-Bibb. No individual shall be denied any opportunity on the basis of race, gender, religion, age, disability, or national origin. (c) The unification of the governments of the City of Macon and Bibb County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended. SECTION 1-102. Boundaries. Macon-Bibb, Georgia, shall embrace the total area included within the existing territorial limits of Bibb County as such limits are fixed and established on the effective date of this charter, except for those areas within the boundaries of Payne City. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties. That portion of the City of Macon which lies in Jones County shall not be included in the area of Macon-Bibb, Georgia, but will remain a part of Jones County. WEDNESDAY, MARCH 10, 2010 965 SECTION 1-103. Status as municipal corporation and county. Macon-Bibb, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Bibb County, except for those areas within the boundaries of Payne City. SECTION 1-104. Powers. (a) Macon-Bibb, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges, and authority that the mayor and Council of the City of Macon or the Commission of Bibb County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter, except as herein expressly modified. This authority shall include, but shall not be limited to, the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege, or authority hereinabove set forth. 966 JOURNAL OF THE HOUSE (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter. SECTION 1-105. Taxing districts. (a) The unified government shall divide the county into two or more taxing districts (herein called "services districts"); provided, however, that at least one of such districts shall be known as the general services district. The general services district shall embrace the total geographic area of Bibb County and shall include the area of Payne City wherein all services provided in the general services area of Macon-Bibb shall be made available to the citizens of Payne City at the same rate such services are provided all citizens of the general services area pursuant to a contract executed between the governments of Payne City and Macon-Bibb for the amount of $1.00 for a period not to exceed 50 years, as provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. In addition, the board of commissioners shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the board for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said service districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the board for additional or higher levels of services provided by the unified government. (d) In the establishment of the first urban services district or districts, the board shall hold two or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Macon-Bibb at least once a week during the two weeks immediately preceding the date of hearing. (e) In the establishment of special services districts, the board shall hold two or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Macon-Bibb at least once a week during the two weeks immediately preceding the date of hearing. (f) The unified government is hereby empowered to exercise and provide within the general services district and within any urban and special services district established by this charter or by ordinance of the board those powers, functions, and services which have theretofore been exercised and provided by Bibb County or the City of Macon, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corporations, WEDNESDAY, MARCH 10, 2010 967 or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (g) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents and businesses throughout the total area of said government. (h) The unified government shall perform within its urban services districts those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (i) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts. (j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the board under such general rules, procedures, regulations, requirements, and specifications as established by the board; provided, however, that no new urban or special service district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of at least two public hearings on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Macon-Bibb, Georgia, at least once a week during the two weeks immediately preceding the date of each hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods stated above. (l) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government shall hold public hearings as outlined in the services district modification procedure stated above and shall consider all comments received prior to reaching a final decision. SECTION 1-106. Construction. 968 JOURNAL OF THE HOUSE The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention hereof to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs. ARTICLE II LEGISLATIVE ARTICLE CHAPTER 1 - The Board of Commissioners SECTION 2-101. Name and composition. There is hereby created the Board of Commissioners of Macon-Bibb, Georgia (hereinafter "board"). Membership on the board is a part-time position. The board shall consist of seven members elected from districts as provided in Section 6-201 of this charter. SECTION 2-102. Term of office; qualifications; disqualifications. (a) The term of office of all members of the board of commissioners shall be four years, with members serving staggered terms and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided in Section 2-106 of this charter. Initially, four members will serve two-year terms and three members will serve four-year terms to provide for staggered terms. Thereafter, all members shall be elected for four-year terms. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election. (b) No person shall be eligible for election or appointment to the board unless such person, on or before the date of election or appointment, shall have attained the age of 21 years, shall be a qualified voter of Macon-Bibb, Georgia, and shall have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election. A member of the board shall continue to reside within the district from which elected during such member's term of office. (c) No member of the board, during that member's term of office, shall hold any other federal, state, or local government elective office. (d) Any commissioner who has been elected for three full consecutive four-year terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term. WEDNESDAY, MARCH 10, 2010 969 SECTION 2-103. Salary and expenses. (a) The salary of each commissioner shall be $10,000.00 per year, payable in equal monthly installments. (b) In addition to the salary, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the board may be changed by ordinance, subject to the following conditions: (1) No action to increase the salary or expenses of commissioners shall be taken until notice of intent to take the action has been published in the official legal organ of Macon-Bibb at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Any action to increase the salary of commissioners shall not become effective until the date of commencement of the terms of those commissioners elected at the next regular election following such action; and (3) No action to increase the salary of commissioners shall be taken during the period between the date when candidates for election to the board may first qualify as candidates and the date when members of the board take office following their election. SECTION 2-104. Organization; oath; rules; quorum; meetings; records; chairperson of the board of commissioners. (a) The board shall meet for organization and swearing-in purposes at their first regular meeting. At this meeting, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court: "I do solemnly swear (or affirm) that I will well and truly perform the duties of Commissioner of Macon-Bibb, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God." (b) The board, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter, shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least twice monthly, and shall provide for keeping minutes of its proceedings by the chief operating officer as provided in Section 4-102 of this charter. (c) At its first organization meeting, the board shall select the dates for when it will hold its regular twice-monthly meetings. (d) Four of the seven members of the board shall constitute a quorum for the transaction of business. (e) Special meetings of the board may be called by the mayor or by any five commissioners upon no less than 24 hours' written notice to each member served 970 JOURNAL OF THE HOUSE personally or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the board, or by waiver of notice of those not in attendance. (f) All meetings of the board, except for those exceptions provided for in general law, shall be public, and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chairperson of the board shall be elected by and from the membership of the board of commissioners to serve for a term of one year. Such an election shall take place at the first regular meeting of the board each year and whenever necessary to fill a vacancy in the office. A commissioner elected to fill a vacancy shall only serve as such until an election for a new chairperson of the board is held the following year. (h) The chairperson of the board shall preside over meetings. In the event that the mayor is temporarily absent or otherwise unable to perform the duties of office, the chairperson of the board shall discharge the duties of mayor until either the return of the mayor or the election of a new mayor. While serving as the mayor, the chairperson of the board shall have the same powers as a mayor and not those of a commissioner. SECTION 2-105. Powers. (a) All legislative powers of the unified government of Macon-Bibb, Georgia, including any such powers which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the board in accordance with the provisions of this charter. (b) In addition to its legislative powers, the board shall specifically have the power to: (1) Approve, reject, or amend the budget by majority vote; (2) Approve or reject recommendations concerning the appointments of the chief operating officer, attorney, police chief, and fire chief, and enter into employment agreements with each of these officers; (3) Appoint and remove from office the auditor by majority vote of the entire board; and (4) Override the mayor's veto with the affirmative vote of five commissioners. (c) In the exercise of its powers, the board shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both. WEDNESDAY, MARCH 10, 2010 971 (d) Except as otherwise provided by the Constitution, general or local law, or this charter, the board may by ordinance create, change, alter, combine, abolish, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of MaconBibb, Georgia, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The board may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment. (e) Subsection (d) of this section shall not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly. (f) The board shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the board shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at board inquiries and investigations shall be subject to such rules and regulations as the board may prescribe by general ordinance. (g) The board shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (h) The board shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia. SECTION 2-106. Filling of vacancies. (a) In the event that the office of a member of the board of commissioners shall become vacant by reason of death, resignation, or any other cause, and the term shall expire in less than one year, the remaining members of the board shall appoint a replacement from within the district without a representative to fulfill the unexpired term. Any individual so appointed must have the same qualifications required for election to the office. (b) If the term of the vacant board position will continue for more than one year, a special election shall be held as provided in this charter and in general state law to elect a new member of the board to serve for the remainder of the term. CHAPTER 2 - Legislative Procedure SECTION 2-201. Legislation by ordinance. 972 JOURNAL OF THE HOUSE Every official act of the board which is to have the force and effect of law shall be by ordinance and shall begin with the words: "The Board of Commissioners of MaconBibb, Georgia, hereby ordains." All other acts of the board shall be by resolution or shall take such other form as prescribed by its rules. SECTION 2-202. Introduction, consideration, and passage of ordinances and resolutions. (a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing. (c) Prior to the introduction of any ordinance, copies of it shall be prepared by the chief operating officer and distributed to each member of the board and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance. Within seven days after a proposed ordinance has been introduced, the chief operating officer shall publish in a newspaper of general circulation designated as the legal organ of the unified government a brief description of the subject and purpose of the ordinance and notice of the availability of the proposed ordinance for public inspection in the office of the chief operating officer. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its introduction. In no event, however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least four of the seven commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the board. SECTION 2-203. Emergency ordinances. To meet a public emergency threatening life, health, property, or public safety, the board may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five of the seven members of the board shall be required for adoption. An emergency ordinance shall become effective upon WEDNESDAY, MARCH 10, 2010 973 adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed on the sixteenth day following the date on which it was adopted; but if the emergency still exists, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2-204. Submission of ordinances to mayor; veto. Every ordinance or resolution adopted by the board shall be certified by the chief operating officer and presented to the mayor within two business days following its adoption. The mayor shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become effective without his or her approval except as herein provided. If the mayor vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the chief operating officer with a written statement of the reasons for the veto. The chief operating officer shall record the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the board members of such veto. If the board shall pass the ordinance or resolution by a vote of five of the seven members at the meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his or her approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval. SECTION 2-205. Authentication; recording; effective date. All ordinances which have become law shall immediately be deposited in the official archives of the chief operating officer. The chief operating officer shall note on the face of the ordinance the date and time it has become law, and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The chief operating officer shall authenticate by his or her signature each ordinance which has become law. SECTION 2-206. Codes of technical regulations. (a) The board may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be prescribed for ordinances generally except that: (1) The requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commissioner and to the attorney shall be construed 974 JOURNAL OF THE HOUSE to include copies of the code of technical regulations which shall be maintained in the chief operating officer's office, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the chief operating officer as provided in Section 2-205 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the chief operating officer for public inspection and for purchase at a reasonable price as fixed by the board. SECTION 2-207. Codification and printing of ordinances. (a) The board shall, within two years of the effective date of this charter, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the board by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the board may specify. This compilation shall be known and cited officially as the "Code of Macon-Bibb, Georgia." As determined by the board, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first "Code of Macon-Bibb, Georgia," and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for integration therein. SECTION 2-208. Prima-facie evidence. A record or entry made by the chief operating officer or a copy of such record or entry, duly certified by the chief operating officer, shall be prima-facie evidence of the terms of every ordinance and its due publication. CHAPTER 3 - Ethics and Prohibited Practices SECTION 2-301. Conflict of interest. No elected official, appointed officer, or employee of Macon-Bibb, Georgia, or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; WEDNESDAY, MARCH 10, 2010 975 (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign. The definition of "gift" shall be that used in the Executive Order of the Governor in the Ethics in Government Policy for employees of the executive branch of state government; (4) Represent private interests other than his or her own in any action or proceeding against Macon-Bibb, Georgia, or any portion of its government; provided, however, that this paragraph shall not be deemed to prohibit any official or employee of MaconBibb, Georgia, who is also an active member of the State Bar of Georgia from representing a criminal defendant in either the State or Superior Court of MaconBibb; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between Macon-Bibb, Georgia, and any business or entity in which he or she has a financial interest. SECTION 2-302. Disclosure. Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the board. Any commissioner who has a private interest in any matter pending before the board shall disclose such private interest and such disclosure shall be entered on the records of the board, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the board. SECTION 2-303. Testimony of public officials relating to public affairs. Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal, and who shall 976 JOURNAL OF THE HOUSE before such tribunal fail to answer any proper question concerning the performance of his or her official duties, shall be guilty of a violation of this charter. SECTION 2-304. Contracts voidable and rescindable. Any contract between Macon-Bibb, Georgia, or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the board at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter. SECTION 2-305. Hearings and determinations; penalties for violation. (a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the board may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the board shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question. (b) Any officer or employee of Macon-Bibb, Georgia, or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and repeals provided by the merit system of the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the board and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter. ARTICLE III MAYOR SECTION 3-101. Election; term. There is hereby created the office of mayor of Macon-Bibb, Georgia (referred to at times in this charter as the "mayor"). The mayor shall be elected at-large by the voters of the WEDNESDAY, MARCH 10, 2010 977 unified government and shall serve for a term of four years and until a successor is elected and qualified. Any mayor who has been elected for two full consecutive fouryear terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term. SECTION 3-102. Qualifications of office. (a) To be eligible for election as mayor, a person on the date of election shall: (1) Have attained the age of 21 years; (2) Have resided in the territory of Macon-Bibb, Georgia, for at least one year immediately preceding the date of election and shall continue such residence therein during the term of office; (3) Be a registered voter of Macon-Bibb, Georgia; and (4) Meet any other requirements as established by law. (b) No person elected as mayor shall, during that person's term of office, hold any other federal, state, or local government office. SECTION 3-103. Compensation. (a) The mayor shall receive as compensation for the services of this office an annual salary of not less than $105,000.00, payable in equal monthly installments. (b) In addition to the salary, the mayor shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of the mayor may be changed by ordinance, subject to the following conditions: (1) No action to increase the salary or expenses of the mayor shall be taken until notice of intent to take the action has been published in the official legal organ of Macon-Bibb at least once a week for three successive weeks immediately preceding the week during which the action is taken; (2) Any action to increase the salary of the mayor shall not become effective until the date of commencement of the term of the mayor elected at the next regular election following such action; and (3) No action to increase the salary of the mayor shall be taken during the period between the date when candidates for election to the office of mayor may first qualify as candidates and the date when the newly elected mayor takes office following the election. SECTION 3-104. Powers and duties. The mayor shall have the powers and duties to: 978 JOURNAL OF THE HOUSE (a) Serve as the official representative of Macon-Bibb, Georgia, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (b) Appoint a chief operating officer, who will be confirmed by a majority of the board. Initiate the process, with the involvement of commissioners and appropriate staff, to search and screen candidates for the positions of attorney, police chief, and fire chief and to appoint candidates for these positions to the board of commissioners subject to concurrence of majority of the entire board; (c) Remove the chief operating officer, attorney, police chief, and fire chief. (d) Set the agenda, after receiving input from members of the board, the chief operating officer, and the public, for meetings of the board; (e) Make committee appointments; (f) Present the annual budget and the capital improvements budget, which has been prepared by the chief operating officer with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of Macon-Bibb, Georgia, for approval by the mayor, to the board for approval; (g) Approve or veto proposed ordinances or resolutions as provided by this charter; (h) Call special meetings of the board of commissioners as provided by this charter and by rules of the board; (i) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the chief operating officer; (j) Recommend to the board the adoption of such measures as deemed necessary or expedient; and (k) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. SECTION 3-105. Voting. The mayor shall not be authorized to vote on any matter before the board. SECTION 3-106. Vacancy in office of mayor. (a) In the event that the office of mayor shall become vacant by reason of death, resignation, or any other cause, within one year of the end of the term, the unexpired term shall be filled by the chairperson of the board of commissioners who shall serve as mayor with all powers of the mayor until the next general election. (b) If the term of the mayor will continue for more than one year, a special election shall be held as provided in general law to elect a new mayor for the remainder of the vacant mayor's term, provided that the chairperson of the board shall serve as mayor pro tempore until an election is held and a successor is elected and qualified. WEDNESDAY, MARCH 10, 2010 979 ARTICLE IV ADMINISTRATION CHAPTER 1 - Officers SECTION 4-101. Chief operating officer; appointment; qualifications; compensation. There shall be a professional manager who shall be known as the chief operating officer of Macon-Bibb, Georgia (hereinafter "COO"). The mayor shall recommend candidates to the board for the office of COO who shall be the full-time administrative officer of the unified government. No person holding an elective office in Macon-Bibb shall be eligible for appointment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the board. The COO shall be prohibited from engaging in any political activity, and the COO shall not be eligible to qualify as a candidate for an elective office in Macon-Bibb for one year after leaving office. The COO shall serve at the pleasure of the mayor and may be removed from office by the mayor for cause. The COO need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the COO shall be fixed by the board of commissioners. SECTION 4-102. Chief operating officer; powers and duties. (a) The COO shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of all department heads with the exception the city attorney, auditor, police chief, and fire chief; (3) The preparation of the proposed annual budget with the assistance of all department heads for approval by the board; (4) Keeping the board at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the board concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the COO jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the COO's supervision and jurisdiction; 980 JOURNAL OF THE HOUSE (8) Acting as the purchasing agent of Macon-Bibb as provided for in Section 8-105 of this charter; and (9) Maintaining all required records of the operations and activities of Macon-Bibb, including the minutes of all meetings of the board. (b) Except for the purpose of inquiry and investigation, the mayor and board shall deal with employees of the unified government who are subject to appointment and removal by the COO solely through the COO and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. SECTION 4-103. Attorney; appointment; term; qualifications; duties; compensation. (a) The mayor shall recommend one or more candidates to the board for the attorney of the unified government (referred to at times in this charter as the "Attorney"). The recommendations shall become effective when confirmed by a majority vote of the total membership of the board. The attorney shall serve at the pleasure of the mayor and may be removed from office by the mayor. (b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance. (e) The attorney shall with the approval of the board be authorized to employ such additional attorneys as necessary for a law department to perform the duties imposed either by this charter or by the board. SECTION 4-104. Auditor; appointment; term; duties; qualifications; compensation. (a) Any member of the board of commissioners may nominate candidates to the board for the office of auditor of the unified government (referred to at times in this charter as the "auditor"). The board shall, by majority vote, appoint an auditor who shall make all reports to the board of commissioners. The board shall have the authority to remove the auditor from office. (b) The qualifications, duties, and compensation of the auditor shall be as prescribed in a duly adopted ordinance. SECTION 4-105. Police chief. (a) There shall be a police department of Macon-Bibb, Georgia, under the management of the police chief. WEDNESDAY, MARCH 10, 2010 981 (b) The chief law enforcement officer for Macon-Bibb, Georgia, shall be an appointed police chief, who shall be appointed by the mayor and approved by majority vote of the board of commissioners. The police chief shall report to and be under the management and control of the mayor and board of commissioners. SECTION 4-106. Sheriff. (a) The sheriff of Bibb County in office on the effective date of this charter shall be the sheriff of Macon-Bibb, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. (b) The sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other powers and duties as are provided by the Board of Commissioners of Macon-Bibb, Georgia, and by the Constitution and laws of Georgia. SECTION 4-107. Judge of the probate court. The judge of the probate court of Bibb County in office on the effective date of this charter shall be the judge of the probate court of Macon-Bibb, Georgia. The judge of the probate court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia. SECTION 4-108. Clerk of superior court. The clerk of superior court of Bibb County in office on the effective date of this charter shall be the clerk of superior court of Macon-Bibb, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia. SECTION 4-109. Tax commissioner. The tax commissioner of Bibb County in office on the effective date of this charter shall be the tax commissioner of Macon-Bibb, Georgia. The tax commissioner shall serve for 982 JOURNAL OF THE HOUSE the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia. SECTION 4-110. Coroner. The coroner of Bibb County in office on the effective date of this charter shall be the coroner of Macon-Bibb, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia. CHAPTER 2 - Administrative and Service Departments SECTION 4-201. Creation and functions; generally. Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated in such ordinances and as prescribed by administrative regulations. SECTION 4-202. Administrative reorganization. The board may, by ordinance, reorganize, combine, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the Board and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government. SECTION 4-203. Appointment of directors of departments. All directors of departments under the supervision and direction of the COO shall be appointed by the COO. The directors of all such departments shall serve at the pleasure of the COO. SECTION 4-204. Departments under state law. WEDNESDAY, MARCH 10, 2010 983 (a) All departments, which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter. CHAPTER 3 - Merit System of Personnel Administration SECTION 4-301. Establishment of merit system. (a) The Board shall establish, by ordinance, a Merit System of Personnel Administration for Macon-Bibb, Georgia. All positions in the service of Macon-Bibb, Georgia, shall be in the Classified (Merit System) Service except the following which are declared to be in the Unclassified Service: (1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members of boards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation; (5) Temporary and part-time employees; and (6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law. (b) The Merit System of Personnel Administration shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with federal law. CHAPTER 4 - Boards, Commissions, and Authorities SECTION 4-401. Certain boards, commissions, and authorities continued. All existing boards, commissions, and authorities are continued without interruption on the effective date of this charter. As used in the Acts and amendments creating the existing boards, commissions, and authorities, the terms "Macon City Council" and "Bibb County Board of Commissioners" shall mean the Board of Commissioners of MaconBibb, Georgia, and the terms "Mayor of the City of Macon" and "Chairman of the Bibb County Board of Commissioners" shall mean the chairperson of the Board of Commissioners of Macon-Bibb, Georgia. The Board of Commissioners of Macon-Bibb, Georgia, shall have the authority to examine all existing boards, commissions, and 984 JOURNAL OF THE HOUSE authorities of the former City of Macon and Bibb County for the purpose of determining whether any such boards, commissions, and authorities should be reorganized or reconstituted for the purpose of increasing their efficient operation. Provided, however, that this authority shall not be construed to authorize the board to affect any board, commission, and authority created by general law or by local constitutional amendment. ARTICLE V JUDICIARY SECTION 5-101. Superior court and district attorney; unaffected by charter; redesignation. The Superior Court of Bibb County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Macon-Bibb, Georgia. SECTION 5-102. State court and solicitor-general; unaffected by charter; redesignation. The State Court of Bibb County, including the office of the solicitor-general, shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the State Court of Macon-Bibb, Georgia. SECTION 5-103. Juvenile court; unaffected by charter; redesignation. The Juvenile Court of Bibb County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Macon-Bibb, Georgia. SECTION 5-104. Probate court; unaffected by charter; redesignation. The Probate Court of Bibb County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Probate Court of Macon-Bibb, Georgia. SECTION 5-105. Magistrate court; unaffected by charter; redesignation. WEDNESDAY, MARCH 10, 2010 985 The Magistrate Court of Bibb County shall continue its operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Macon-Bibb, Georgia. SECTION 5-106. Municipal court of the City of Macon; abolishment of operations in the unified government. Six months after the effective date of this charter, the Municipal Court of the City of Macon shall stand abolished. Any cases pending before the municipal court on that date shall be transferred to the State Court of Macon-Bibb. Thereafter, all jurisdiction of the former Municipal Court of the City of Macon shall be transferred to the State Court of Macon-Bibb, Georgia. ARTICLE VI ELECTIONS CHAPTER 1 - Conduct of Elections SECTION 6-101. Applicability of general laws. Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." As used in said Code section, the terms "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-102 of this charter; the term "governing authority" shall include the mayor and the board of commissioners of Macon-Bibb, Georgia; the terms "municipal," "municipality," or "county" shall include Macon-Bibb, Georgia; and the term "public office" shall include elective offices of Macon-Bibb, Georgia. SECTION 6-102. Regular election, time for holding; voting. (a) Except for the initial elections provided in Section 9-101 of this charter, which may or may not be held on the date of regular state elections, regular elections for the elective public officers of Macon-Bibb, Georgia, shall be held every two years on the same Tuesday in November when regular state elections are held. (b) Only the electorate of each of the seven election districts as defined in Section 6-201 of this charter shall be entitled to vote in the election for the commissioner to be elected from that district. SECTION 6-103. Special elections. 986 JOURNAL OF THE HOUSE All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." CHAPTER 2 - Election Districts; Reapportionment SECTION 6-201. Number of districts; boundaries. The territory of Macon-Bibb, Georgia, shall consist of seven single-member election districts. Council Districts 1 through 7 shall consist of the described territory of MaconBibb, Georgia, attached to this Act and made a part thereof and further identified Plan Name: bibbcon7d1r Plan Type: Local User: Gina Administrator: H137. When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a BG heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of Macon-Bibb, Georgia, which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of Macon-Bibb, Georgia, which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included with that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. SECTION 6-202. Reapportionment of election districts. (a) The election district boundaries of Macon-Bibb, Georgia, shall be reapportioned following the publication of each official federal decennial census of the population of Macon-Bibb, Georgia. Such reapportionment shall be accomplished by the adoption of an amendment to this charter, including Appendix A, by the General Assembly of Georgia. (b) The reapportionment of election districts shall comply with the following specifications: (1) Each election district shall be formed of contiguous territory, and its boundary lines shall be the center lines of streets or other well defined boundaries as utilized by the United States Bureau of the Census; and (2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended. WEDNESDAY, MARCH 10, 2010 987 (c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment; provided, however, that any reapportionment ordinance shall not apply to any regular election or special election held within six months after the Act becomes effective. ARTICLE VII REVENUE AND FINANCE CHAPTER 1 - Taxation and Other Revenues SECTION 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations. (a) For the purpose of raising revenue for the support and maintenance of the government of Macon-Bibb, Georgia, the commission shall have full power, authority, and duty to levy and collect taxes to the extent hereinafter provided and to appropriate funds and expend money: (1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Macon or Bibb County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Macon or Bibb County on the effective date of this charter; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted. (b) The board shall have full power, authority, and duty to levy and collect the following taxes, charges, and assessments: (1) Ad valorem taxes on all real and personal property situated within Macon-Bibb, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia, whether local (of the City of Macon or Bibb County) or general; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which has a location or office within MaconBibb, Georgia, at which a business, profession, or occupation is conducted. Subject to the restrictions imposed by general law, the commission may also impose a regulatory fee, whether designated as a license fee or permit fee or other name, on those businesses, professions, or occupations that the government of Macon-Bibb, Georgia, regulates; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; 988 JOURNAL OF THE HOUSE (4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of Macon-Bibb, Georgia, for the purpose of rendering services therein; (6) Charge and collect franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and without the limits of the unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Macon or Bibb County were authorized and empowered to make and collect upon the effective date of this charter, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law, and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the board to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the board shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Macon-Bibb, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the board shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within MaconBibb, Georgia, as now or hereafter provided by law for counties and municipalities; and (12) Such other taxes and charges as provided by law. SECTION 7-102. Collection of delinquent taxes and fees. WEDNESDAY, MARCH 10, 2010 989 The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties. SECTION 7-103. Homestead exemptions. The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Macon-Bibb, Georgia. SECTION 7-104. Tax and services districts; taxation therein. (a) The general services area as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the board shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government of Macon-Bibb, Georgia. (b) The urban services area as authorized in paragraph (2) of subsection (a) of Section 7301 of this charter, together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district, as the case may be, wherein the board may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government of Macon-Bibb, Georgia. (c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, that the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts. CHAPTER 2 - Borrowing and Indebtedness SECTION 7-201. Issuance of general obligation bonds. (a) The board shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax area or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government of Macon-Bibb, Georgia, shall be deemed a county, and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. 990 JOURNAL OF THE HOUSE (b) All general obligation bonds shall be issued in the name of Macon-Bibb, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government of Macon-Bibb, Georgia, shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes, and for such purpose, the board shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the unified government. SECTION 7-202. Debt limitation; general obligation bonds. The total general obligation bond indebtedness of the unified government of MaconBibb, Georgia, payable from ad valorem taxes (including all outstanding general obligation bonds of the former City of Macon and Bibb County on the effective date of this charter) shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government. SECTION 7-203. Revenue bonds. The board shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." SECTION 7-204. Use of bond proceeds. All revenue derived by Macon-Bibb, Georgia, from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof. SECTION 7-205. Allocation of indebtedness. (a) All general indebtedness of Bibb County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to the general services area as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter and is hereby recognized as the obligation of the general services area of Macon-Bibb, Georgia. All general indebtedness of the City of Macon, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter, shall be allocated to the urban services area as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The board is hereby authorized to levy taxes and otherwise provide for the retirement thereof, subject WEDNESDAY, MARCH 10, 2010 991 to the terms of this charter. Any funds in the control of the heretofore existent City of Macon and Bibb County, now consolidated into Macon-Bibb, Georgia, by this charter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county, shall be so applied by the Board. (b) All general obligation bonds issued prior to the effective date of this charter by Bibb County and all bonds authorized but unissued by Bibb County on the effective date of this charter and thereafter issued by Macon-Bibb, Georgia, shall be allocated to the general services area, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services area. All general obligation bonds issued prior to the effective date of this charter by the City of Macon and all bonds authorized but unissued by the City of Macon on the effective date of this charter and thereafter issued by Macon-Bibb, Georgia, shall be allocated to the urban services area, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services area. (c) Any revenue bonds issued prior to the effective date of this charter by the City of Macon or Bibb County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by said city or county on the effective date of this charter and thereafter issued by Macon-Bibb, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. (d) Neither the allocation of bonds to the general services area nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Macon or by Bibb County prior to the effective date of this charter, or authorized but unissued by the City of Macon or by Bibb County on the effective date of this charter and thereafter issued by Macon-Bibb, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted. CHAPTER 3 - Financing of Services SECTION 7-301. General and urban services areas. (a) In Macon-Bibb, Georgia, there shall be: (1) A general services area which shall consist of the total area of Bibb County as fixed and established upon the effective date of this charter or as hereafter modified according to law; (2) An urban services area which shall consist of the area embraced within the corporate limits of the City of Macon as the same exists upon the day immediately 992 JOURNAL OF THE HOUSE preceding the effective date of this charter or as such area may be hereafter expanded as herein provided; and (3) Such special services areas as the board may hereafter establish. (b) All other tax districts existing in the City of Macon or Bibb County immediately prior to the effective date of this charter are continued in effect by this charter. (c) Such services areas shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services area from that of another or other areas in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Macon-Bibb, Georgia, may vary in any services area from that in another or other services area. (d) The unified government is hereby empowered to exercise and provide within the general services area and within any urban services area established by this charter or by ordinance of the board those powers, functions, and services which have theretofore been exercised and provided by Bibb County or the City of Macon, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services area of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of Macon-Bibb, Georgia. As provided in subsection (a) of Section 1-105 of this charter, all services provided in the general services area shall be made available to the citizens of Payne City at the same rate provided all other citizens of the general services area pursuant to a contract executed between the governments of Payne City and Macon-Bibb for the amount of $1.00 for a period not to exceed 50 years as provided in Article IX, Section III, Paragraph I of the Constitution of the State of Georgia. (f) The unified government shall perform within its urban services areas those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services areas. SECTION 7-302. Creation of services areas by ordinance. Except as otherwise provided by this charter, services areas of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the board under such general rules, procedures, regulations, requirements, and specifications as are established by the board and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services areas and the expansion, unification, reduction, or merger of existing services areas; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services areas, and for transferring territory from one WEDNESDAY, MARCH 10, 2010 993 services area to another; and set forth requirements for defining boundaries of services areas. SECTION 7-303. Requirements for defining boundaries. Whenever in this chapter it is required that the boundaries of a services area be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the board, the boundaries may be described: (1) by reference to a map; (2) by metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or (4) by any combination of the above methods. SECTION 7-304. Notice of hearing prior to adoption of ordinance. Before it adopts any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the board shall give notice of its intentions to consider the ordinance and shall provide an opportunity for interested persons to be heard as provided for in Section 1-105 of this charter. CHAPTER 4 - Financial Administration SECTION 7-401. Fiscal year. The fiscal year of Macon-Bibb, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The board may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law. SECTION 7-402. Preparation of budgets. The preparation of an annual budget and a capital improvements budget shall be as prescribed by ordinance and provisions of this charter. In addition, the unified government of Macon-Bibb, Georgia, may adopt budgets as are permitted by general law, including, but not limited to, project budgets for major capital projects and fund budgets. SECTION 7-403. Scope of budgets. 994 JOURNAL OF THE HOUSE (a) The annual budget should consist of at least two parts: (1) Part I of the annual budget shall apply only to the operating expenses of the unified government; and (2) Part II of the annual budget shall apply only to capital improvement expenses of the unified government. (b) Each section of the annual operating and capital budget shall contain with respect to each of the operating funds of the government of Macon-Bibb, Georgia, to which they are applicable: (1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source; (2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the COO, the mayor, or the board. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year. (d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefore, and the revenues or other sources of funds anticipated to finance such capital projects. SECTION 7-404. Submission of budgets to the board of commissioners. (a) In advance of initiating preparations of the annual budget, the mayor, with participation of the board, shall develop a statement of the general fiscal policies of Macon-Bibb, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. (b) On or before a date fixed by the board but not later than 60 days prior to the beginning of each fiscal year, the COO, in consultation with the department heads, shall prepare an operating budget to submit to the mayor. The mayor of the unified government shall submit to the board a proposed operating budget and a proposed capital improvements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of MaconBibb, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the mayor's message thereon shall be published in a newspaper of general circulation designated as the legal organ of the unified government. The operating budget and the WEDNESDAY, MARCH 10, 2010 995 capital improvements budget, the budget message, and all supporting schedules shall be filed in the COO's office and shall be open to public inspection. SECTION 7-405. Adoption of budgets. (a) The board shall approve, reject, or amend the proposed operating budget. The budget as finally adopted shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the resources available of such fund. (b) The board shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year, and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the board fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly, until such time as the board shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. (d) The board shall adopt by ordinance the capital improvements program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the board and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. SECTION 7-406. Property tax levies. Following the adoption of the operating and capital improvements budgets for each fiscal year: (1) The board shall levy by ordinance a general services area tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash 996 JOURNAL OF THE HOUSE revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general services area for services to be rendered throughout the entire area of Macon-Bibb, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the board; (2) The board shall levy by ordinance an urban services area tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of a higher level of services to be rendered in urban services areas; and (3) The board shall levy by ordinance a special services area tax on all real and personal property within any special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of a higher level of services to be rendered in a special services area. SECTION 7-407. Limitation of funds. Upon certification by the COO that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the COO upon the instruction of the mayor of the unified government to limit such appropriations as may be necessary to prevent deficit operation. SECTION 7-408. Transfer of funds. Upon recommendation of the COO and approval of the mayor, the board may make interfund or interdepartmental transfers in the current operating budget or capital improvements budget at any regular or special meeting called for such purpose, provided funds are also available. SECTION 7-409. Lapse of appropriations. WEDNESDAY, MARCH 10, 2010 997 All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. SECTION 7-410. Continuing audit. The auditor shall conduct a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government. SECTION 7-411. Postaudit. (a) The board shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of Macon-Bibb, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Macon-Bibb, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The board shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years. (b) The audit may be conducted on a quarterly or continuing basis, and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the COO and made available to the public. (c) The board may at any time order an examination or special audit of any office, department, board, commission, or other agency of Macon-Bibb, Georgia. CHAPTER 5 - Procurement and Disposition of Property SECTION 7-501. Contracting procedures. The board shall prescribe by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of Macon-Bibb, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Macon-Bibb, Georgia, shall be signed by the mayor and authenticated by the COO. SECTION 7-502. Sale and disposition of property. (a) The board is authorized to sell any real or personal property owned or held by Macon-Bibb, Georgia, and not needed for governmental or other public purposes in such 998 JOURNAL OF THE HOUSE manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The board is empowered to authorize the following transactions: (1) A transfer of any real or personal property owned by Macon-Bibb, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of the unified government once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property. (c) Macon-Bibb, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the COO of the unified government and the adoption by the board of a resolution, both finding that the property is not needed for public purposes and that the interest of the government of Macon-Bibb, Georgia, therein has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Macon-Bibb, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Macon-Bibb, Georgia, the board may authorize the execution and deliverance in the name of the government of Macon-Bibb, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the government of Macon-Bibb, Georgia, has in such property. ARTICLE VIII GENERAL PROVISIONS SECTION 8-101. Application of laws; laws in force. (a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter: (1) Which on the effective date of this charter apply to the City of Macon or Bibb County, Georgia, shall be applicable to the unified government; and (2) Which apply to Macon-Bibb, Georgia, as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Macon or Bibb County or the unified government at the time of their WEDNESDAY, MARCH 10, 2010 999 enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the board. (b) Local Acts of the State of Georgia which apply specifically to either Bibb County or the City of Macon, or both, shall be applicable to the unified government. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Bibb County or the City of Macon, or both, the following terms as used in such laws shall be construed to include the unified government as follows: (1) "County" shall be construed to include Macon-Bibb, Georgia; (2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Macon-Bibb, Georgia; (3) "Commissioners of Roads and Revenues" and "Board of County Commissioners" shall be construed to include the Board of Commissioners of Macon-Bibb, Georgia; (4) "Council," "Mayor and Council," "Aldermen," and "Board of Aldermen" shall be construed to include the Board of Commissioners of Macon-Bibb, Georgia; (5) "Chairman of the Commissioners of Roads and Revenues" and "Chairman of the Board of County Commissioners" shall be construed to include the mayor of MaconBibb, Georgia; (6) "Mayor" shall be construed to include the mayor of Macon-Bibb, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Bibb County or the City of Macon, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Macon-Bibb, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through classification by population) applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Bibb County not in conflict with this charter; (5) Special laws applicable to the City of Macon not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Macon and existing ordinances and resolutions of the former County of Bibb not in conflict with this charter. SECTION 8-102. Limitation on claims and service. 1000 JOURNAL OF THE HOUSE (a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor. SECTION 8-103. Tort and nuisance liability. The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia. SECTION 8-104. Conflict of laws. For purposes of all applicable laws, the unified government of Macon-Bibb, Georgia, shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail. SECTION 8-105. Competitive bidding. All departments and agencies of the unified government shall utilize competitive bidding procedures, as specified in an ordinance of the board, for all purchases in excess of an amount provided for in an ordinance of the board, unless such purchase shall be otherwise approved by five of the seven commissioners. SECTION 8-106. Execution of assessments. Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the board and no specific provision is elsewhere provided in this charter for its collection, then the COO shall issue execution in the name of Macon-Bibb, Georgia, against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date, and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the COO of Macon-Bibb, Georgia, and the levy and sale thereunder shall be governed by general law. WEDNESDAY, MARCH 10, 2010 1001 SECTION 8-107. Authority to deal with federal and state agencies. The unified government of Macon-Bibb, Georgia, shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. SECTION 8-108. Federal and state aid. The unified government of Macon-Bibb, Georgia, shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant-in-aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled, and also all funds to which an incorporated city or municipality is, or may be hereafter entitled, and to receive the same without diminution or loss by reason of unification. When state aid or other grant-in-aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Macon-Bibb, Georgia, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, or rural population, or any combination thereof, then that area of the general services area outside of the urban services area or areas of Macon-Bibb, Georgia, shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. When state aid or other grant-in-aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population or the area of the urban services area or areas of Macon-Bibb, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution. 1002 JOURNAL OF THE HOUSE SECTION 8-109. Budgets of county officers and agencies. All elected officers and all agencies not under the direct control and jurisdiction of the COO, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the board, shall, on the same date as is applicable to budgets submitted by department heads, submit to the COO annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the COO and the mayor, shall be incorporated into the overall unified government budget for submission by the mayor to the board, which shall grant a hearing to any such officer or agency on such proposed budgets. SECTION 8-110. Existing pension rights protected. (a) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of Macon shall retain all pension rights which have accrued to them under any existing pension system. MaconBibb, Georgia, shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former County of Bibb shall retain all rights which have accrued to them under any existing pension system. Macon-Bibb, Georgia, shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. SECTION 8-111. Establishment of new pension systems; merging of existing systems. The board is hereby authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Macon, Bibb County, or of any agency of such former governments. SECTION 8-112. Amending charter. WEDNESDAY, MARCH 10, 2010 1003 This charter may be modified, rescinded, changed, or amended by only the following methods: (1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Board of Commissioners of Macon-Bibb, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. SECTION 8-113. Fidelity bonds. All officers of Macon-Bibb, Georgia, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the board may require. SECTION 8-114. Examples of powers. The powers of Macon-Bibb, Georgia, shall include, but shall not be limited to, the following powers: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupation taxes and to license and regulate occupations and businesses; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the unified government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified government; 1004 JOURNAL OF THE HOUSE (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; (15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Garbage fees: to fix and collect garbage fees; (23) Nuisances: to define and provide for the abatement of nuisances; (24) Property protection: to preserve and protect the property of the unified government; (25) Prisoners: to provide for public work by prisoners and for their confinement; (26) Animal control: to regulate or prohibit the keeping of animals; (27) Motor vehicles: to regulate the operation and parking of motor vehicles; (28) Taxicabs: to regulate vehicles operated for hire in the unified government; (29) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (30) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (31) Contracts: to enter into lawful contracts and agreements; (32) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (33) Penalties: to provide penalties for violations of ordinances of the unified government; (34) Police and fire protection: to exercise the power of arrest through appointed policemen and to operate a fire department; (35) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (36) Urban redevelopment: to organize and operate an urban redevelopment program; (37) Public transportation: to organize and operate public transportation systems; and (38) General health, safety, and welfare: to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government. WEDNESDAY, MARCH 10, 2010 1005 SECTION 8-115. Provision of services. When determining services to be provided, the unified government of Macon-Bibb, Georgia, shall always attempt: (1) To efficiently allocate resources to increase the quality of life for all citizens of Macon-Bibb; (2) To provide the highest quality services to all citizens of Macon-Bibb; (3) To ensure efficient utilization of community resources; (4) To promote equity for all citizens in the delivery of governmental services throughout Macon-Bibb; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises. SECTION 8-116. Historic items. It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Macon and Bibb County. SECTION 8-117. Section captions. The captions to the several sections of this charter are informative only and are not be construed as a part thereof. SECTION 8-118. Effect of repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws. SECTION 8-119. Severability clause. If any provision of this charter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end, the provisions of this charter are declared to be severable. SECTION 8-120. Repeal of conflicting laws. 1006 JOURNAL OF THE HOUSE All laws and parts of laws in conflict with this charter are hereby repealed. ARTICLE IX TRANSITION PROVISIONS SECTION 9-101. Election of first officials. (a) The initial election for the purpose of electing the first mayor and members of the board of commissioners of the unified government shall be held on the Tuesday next following the first Monday in November, 2012. The board of elections shall publish notice of the call for such election in the newspaper in which the Bibb County sheriff's advertisements appear at least 30 days prior to the date of such election. (b) The election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Within 30 days following the approval of this charter as provided in Section 9-115 of this charter, the Board of Elections of Bibb County shall prepare a list of qualified voters for each of the seven commission districts described in Appendix A of this charter. The officials elected at such election shall commence the terms of their office on the effective date of this charter. (c) The qualifications for office for such initial election shall be as prescribed by applicable provisions of this charter. (d) Any elected official of Bibb County or of any municipality lying wholly or partially therein and who is otherwise qualified under this charter shall be entitled to qualify and run for an office of the unified government. SECTION 9-102. Initial terms of office. The initial terms of the mayor and commissioners of the unified government elected at the November, 2012, election from the odd-numbered districts shall be for four years. The initial terms of the first commissioners of the unified government elected at the November, 2012, election from even-numbered districts shall be for two years. Such terms shall commence on January 1, 2013. Thereafter elections, all commissioners shall be elected for four-year terms. SECTION 9-103. Provision of services during transition. In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Macon and Bibb County, the following procedures shall apply: (1) On January 1, 2013, all services currently provided by the county shall be provided through the general services area to all residents of the county, and all services provided by the city shall be provided through the urban services area to the WEDNESDAY, MARCH 10, 2010 1007 current residents of the City of Macon. Assuming the continued availability of state and federal funds, these service arrangements shall apply until modified as provided under the provisions cited in this section; (2) Not later than January 1, 2016, the unified government shall adopt a service delivery plan that includes, but is not limited to, the following: (A) An administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying problems and needs that exist in the community and for identifying and securing resources needed to effectively address these problems and needs. The program shall encourage efforts to enable, empower, and involve the disadvantaged; address the causes of crime; work to enhance the quality of life of all citizens; and to help ensure that the unified government will be responsive to the needs of all citizens; and (B) An administrative mechanism with appropriate status and adequate budget to develop and implement adequate parks and recreation programs that will be available to all citizens of Macon-Bibb; and (3) The unified government shall work with due speed to equalize the charges for all services throughout the county. SECTION 9-104. Existing employees. (a) The unified government shall give hiring preference to full-time employees of the City of Macon and Bibb County and full-time employees of any department, office, or agency thereof upon the termination of said city and county governments and the inception of the unified government. (b) No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any position in the unified government because of race, gender, religion, age, handicap, or national origin. SECTION 9-105. Initial budget. (a) Until July 1, 2013, Macon-Bibb, Georgia shall operate under the funds remaining from the fiscal year of the combined budgets of the City of Macon and Bibb County. (b) The first full 12 month budget of the unified government for fiscal year 2013 shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Macon and Bibb County, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. SECTION 9-106. Number of employees. 1008 JOURNAL OF THE HOUSE From January 1, 2013, until July 1, 2013, the total number of employees of Macon-Bibb, Georgia, shall not exceed the combined number of employees authorized for the governments of the City of Macon and Bibb County on the effective date of this charter. SECTION 9-107. Cooperation of former governments. (a) All officers, officials, and employees of the former City of Macon and Bibb County shall cooperate with and assist the mayor, the board, the chief operating officer, and other officers of Macon-Bibb, Georgia: (1) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Macon-Bibb, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government. (b) A schedule for activity during the transition period is contained in Appendix B, attached to and made a part of this charter. SECTION 9-108. Existing ordinances and resolutions continued in effect. (a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Bibb County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Macon-Bibb, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Macon, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Macon-Bibb, Georgia, and shall apply only to the area included within the urban services area until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) Prior to this date, the board shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions WEDNESDAY, MARCH 10, 2010 1009 continued by this section in order to produce a uniform body of ordinances and resolutions free of any conflicts or contradictions between such provisions. This provision shall not prohibit the unified government from ratifying existing ordinances or adopting new ordinances that differentiate based on reasonable factors as determined by the board, including, but not limited to, population density. SECTION 9-109. Contracts and obligations. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, that any obligation created by Bibb County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Macon-Bibb, Georgia, within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, that any obligation created by the City of Macon to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Macon-Bibb, Georgia, within six months following the effective date of this charter. (c) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative, or other) by or against the City of Macon or Bibb County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Macon-Bibb, Georgia, shall stand substituted as a party in lieu thereof. SECTION 9-110. Dissolution of existing governments. (a) On January 1, 2013, the Commission of Bibb County and the mayor and Council of the City of Macon and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Bibb County and the City of Macon shall terminate as separate political entities, and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter. (b) The term of the mayor and councilmembers for the City of Macon whose terms expire in 2011 shall be extended for a period of one year, and there shall be no municipal election held for councilmembers in 2011. 1010 JOURNAL OF THE HOUSE SECTION 9-111. Transfer of records and equipment. When an agency of the City of Macon or of Bibb County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. SECTION 9-112. Officers serve until successors qualify. Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Macon or Bibb County may continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform same. SECTION 9-113. Referendum on the charter. (a) Not less than 30 days nor more than 60 days after receipt of the certified copy of the proposed charter and after receipt of approval by the Department of Justice of such proposed charter, it shall be the duty of the Bibb County Board of Elections to call a special election for approval or rejection of the proposed charter. The date of the election shall be the date of the state-wide general election in 2010. The board 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 legal organ of Bibb County. The ballot shall have written or printed thereon the following: "( ) YES Shall the charter unifying the governments of the City of Macon and Bibb County and creating a single county-wide government to supersede ( ) NO and replace those governments and which extends the terms of the mayor and certain councilmembers of the City of Macon for one year be approved?" (b) All persons desiring to vote for approval of the charter shall vote "YES," and those persons desiring to vote for rejection of the charter shall vote "NO." If more than onehalf of the votes cast by the qualified voters of Bibb County residing within the corporate limits of the City of Macon are for approval of the charter and if more than one-half of the total votes cast by all the qualified voters of Bibb 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 Macon and Bibb County. WEDNESDAY, MARCH 10, 2010 1011 (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (d) A qualified voter, as used herein, shall mean a voter of Bibb County qualified to vote for members of the General Assembly of Georgia. The board shall certify the returns to the Secretary of State. The board shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a 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 clerk of the governing authority of the City of Macon 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 Bibb County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Macon and Bibb County has been accepted, 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 unified government for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Macon and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Bibb County 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 unified government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and copies so certified shall be deemed duplicate original copies of the charter of the unified government for all purposes. SECTION 9-114. Effective dates. Section 9-101 of this charter, relating to initial elections, subsection (b) of Section 9-110 of this charter, relating to the extention of terms of certain City of Macon councilmembers, and Section 9-114 of this charter, relating to a referendum, shall become effective on July 1, 2010. The remaining sections of this charter shall become effective on January 1, 2013. District 001 Bibb County Tract: 102 BG: 3 3006 3007 3008 3009 3010 3011 3012 3013 3014 Tract: 108 BG: 2 2000 2001 2002 2003 2999 1012 JOURNAL OF THE HOUSE Tract: 110 BG: 2 2018 2019 2020 2021 2998 Tract: 118 Tract: 119 Tract: 120 Tract: 121 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1056 1057 1058 1059 1060 1061 BG: 2 BG: 3 BG: 4 Tract: 122 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 Tract: 123 BG: 3 3001 3002 3003 3004 3005 3006 3007 3008 Tract: 134.01 BG: 2 2024 2028 Tract: 134.02 BG: 1 1033 1034 1035 1044 1045 1046 1047 1048 1049 1998 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2014 2015 2016 BG: 4 BG: 5 BG: 6 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 District 002 Bibb County Tract: 121 BG: 1 1017 1018 1019 1020 1021 1022 1023 1024 1031 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 WEDNESDAY, MARCH 10, 2010 1052 1053 1054 1055 Tract: 122 BG: 2 2041 2042 Tract: 132.01 BG: 1 1000 1002 1003 1004 1005 1006 1009 1010 1011 1013 1016 1017 1018 1035 1036 1999 Tract: 134.01 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2029 2030 2031 2032 2033 2034 BG: 3 BG: 4 Tract: 134.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 1999 BG: 2 2011 2012 2013 BG: 3 BG: 6 6000 Tract: 136.01 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3034 3035 3036 3997 3998 3999 BG: 4 4010 4011 4012 4013 4018 4019 4020 4021 4022 4041 4042 4999 District 003 Bibb County Tract: 122 BG: 1 1008 1009 1010 1011 1012 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 1013 1014 JOURNAL OF THE HOUSE 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2998 2999 Tract: 123 BG: 1 1004 1005 1006 1007 1008 1009 1010 1029 1030 1031 1032 BG: 2 BG: 3 3000 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 Tract: 124 Tract: 125 BG: 1 BG: 2 Tract: 131.01 BG: 4 BG: 5 5039 5040 5041 5042 5043 5044 5045 Tract: 131.02 BG: 4 Tract: 132.01 BG: 1 1001 1012 1014 1015 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1037 1038 1039 1040 BG: 2 2000 BG: 3 BG: 4 Tract: 132.02 District 004 Bibb County Tract: 101 BG: 2 BG: 3 Tract: 102 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3015 3016 3017 3018 Tract: 103 WEDNESDAY, MARCH 10, 2010 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 Tract: 104 Tract: 105 BG: 1 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1020 1023 1024 BG: 2 BG: 3 Tract: 106 BG: 2 2007 2008 2013 2014 2015 2016 Tract: 108 BG: 2 2009 Tract: 123 BG: 1 1000 1001 1002 1003 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 125 BG: 3 Tract: 126 Tract: 131.01 BG: 1 1000 1001 BG: 5 5000 5003 5005 5006 5007 5008 5036 Tract: 131.02 BG: 1 BG: 2 BG: 3 District 005 Bibb County Tract: 130 BG: 2 2214 2218 Tract: 131.01 BG: 1 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 JOURNAL OF THE HOUSE 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG: 2 BG: 3 BG: 5 5001 5002 5004 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5037 5038 Tract: 132.01 BG: 1 1007 1008 1030 1031 1032 1033 1034 BG: 2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2999 Tract: 135.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1999 BG: 2 BG: 3 BG: 4 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4997 4999 Tract: 136.01 BG: 3 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3994 3995 3996 BG: 4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4014 4015 4016 4017 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 Tract: 136.02 District 006 Bibb County Tract: 101 BG: 1 Tract: 102 BG: 1 1000 1001 1002 1003 1004 1015 1016 1017 1018 1019 Tract: 103 BG: 1 1000 Tract: 105 WEDNESDAY, MARCH 10, 2010 BG: 1 1000 1001 1002 1017 1018 1019 1021 1022 1025 Tract: 106 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2009 2010 2011 2012 2017 2018 BG: 3 Tract: 107 Tract: 108 BG: 1 BG: 2 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2997 2998 Tract: 114 Tract: 115 Tract: 127 Tract: 128 Tract: 129 Tract: 130 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2192 2193 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2210 2211 2212 2213 2215 2216 2217 2219 2220 2221 2222 2223 2224 2225 2226 2227 2228 2229 1017 1018 JOURNAL OF THE HOUSE 2230 2231 2232 2233 2234 2235 2236 2990 2991 2992 2993 2994 2995 2996 2997 2998 2999 Tract: 135.01 BG: 1 1007 BG: 4 4000 4001 4012 4013 4014 4015 4016 4017 4018 4996 4998 BG: 5 Tract: 135.02 District 007 Bibb County Tract: 110 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2999 BG: 3 BG: 4 BG: 5 Tract: 111 Tract: 112 Tract: 113 Tract: 117.01 Tract: 117.02 Tract: 133.01 Tract: 133.02 Appendix B Transition Schedule and Plan The following four-stage transition plan shall govern the implementation of this Act: Stage 1: Referendum on Charter to Initial Election Upon approval of unification, a transition team shall be formed. The transition team shall be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Their effort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team shall not have any decision-making power and will serve in an advisory function to the new government until such time as the newly elected officials assume the responsibilities described below. WEDNESDAY, MARCH 10, 2010 1019 The transition team shall consist of: the county administrator; the city administrator; one appointee of the mayor of the City of Macon who shall not be an elected official nor an employee of the City of Macon; one appointee of the chairman of the Bibb County Board of Commissioners who shall not be an elected official nor an employee of Bibb County; and two members of the charter commission selected by the Bibb County legislative delegation on February 1, 2011, one of whom shall serve as chair of the transition team. Stage 2: Initial Election to December 31, 2012. The newly elected government assumes limited powers to plan for new government. During this time, the mayor and board may exercise the following powers: (a) Begin preparation for the appointment of the COO, attorney, and auditor; (b) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organization of the unified government in accordance with the applicable provisions of this charter. The mayor and board shall be authorized to receive and expend appropriations from the Macon City Council and the Bibb County Board of Commissioners for the purposes of performing its responsibilities as provided herein; (c) Initiation of the preparation of the initial budget of the unified government; (d) Begin preparation of plans and schedules for the unification of the various departments and agencies of the City of Macon and Bibb County; (e) All officers, officials, and employees of the City of Macon and Bibb County shall cooperate and assist the mayor, board, and other officers of the unified government in planning for and scheduling the unification of departments, boards, and commissions of said former governments, and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The mayor, board, and officers of the unified government shall be entitled to examine all records, files, and other data in possession of the former governments and all officers, officials, and employees thereof. The former governments shall, to the extent possible, provide working areas and facilities to the transition team and the newly elected mayor and board of the unified government. Stage 3: January 1, 2013, to July 1, 2013. The unified government of Macon-Bibb, Georgia, takes office operating under the combined city and county budgets subject to the budget and employee caps specified above. The unified government budget for fiscal year 2014 is prepared. During this period, the government would begin combining operations. Stage 4: July 1, 2013, to December 31, 2013. 1020 JOURNAL OF THE HOUSE The unified government begins operation under the first unified government budget. The budget for this fiscal year, 2014, shall be capped by combining the 2013 budgets of the city and county, plus increases due to inflation, as reflected in the Consumer Price Index. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1210. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1211. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize Troup 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 following Committee substitute was read and adopted: A BILL To authorize Troup 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WEDNESDAY, MARCH 10, 2010 1021 SECTION 1. Troup County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Troup County to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize Troup County to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Troup County for approval or rejection. The election superintendent shall conduct that election on the date of the 2010 state-wide general primary and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Troup County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act be approved which authorizes Troup County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may ( ) NO be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Troup County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. 1022 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1212. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize the City of LaGrange 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 1225. By Representatives Horne of the 71st, Smith of the 70th, Bearden of the 68th, Brooks of the 63rd, Nix of the 69th and others: A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1254. By Representatives Purcell of the 159th, Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1255. By Representatives Rogers of the 26th, Mills of the 25th, Benton of the 31st and Collins of the 27th: WEDNESDAY, MARCH 10, 2010 1023 A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1261. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the governing authority of the City of Hogansville 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 1275. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to 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 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. 1024 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. SB 422. By Senator Douglas of the 17th: A BILL to be entitled an Act to provide a homestead exemption from City of Porterdale ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for each lawful resident of the City of Porterdale, which is in lieu of and not in addition to any other homestead exemption applicable to City of Porterdale ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for related matters; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Ashe Y Austin Y Baker Y Barnard Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Howard Y Manning Y Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Scott, A Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield WEDNESDAY, MARCH 10, 2010 1025 Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Black Y Brooks Y Bruce Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox Y Dooley Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bills, the ayes were 149, nays 1. The Bills, having received the requisite constitutional majority, were passed. Representative Heckstall of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Collins of the 27th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Lucas of the 139th would like to be recorded as voting "nay" on HB 1161. Representative Cox of the 102nd would like to be recorded as voting "nay" on HB 1261. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: 1026 JOURNAL OF THE HOUSE The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 22. By Senators Stoner of the 6th, Williams of the 19th, Orrock of the 36th, Mullis of the 53rd and Pearson of the 51st: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 351. By Senators Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, so as to provide for reduced required hours for state employees; to repeal conflicting laws; and for other purposes. SB 390. By Senator Carter of the 1st: 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 for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1026. By Representatives Weldon of the 3rd, Dickson of the 6th and Neal of the 1st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ringgold, approved May 6, 2009 (Ga. L. 2009, p. 3624), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 10, 2010 1027 HB 1089. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Funston, approved April 17, 1975 (Ga. L. 1975, p. 4044), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4635), so as to provide for the election and terms of the mayor and 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 adopted by the requisite constitutional majority the following resolution of the Senate: SR 822. By Senators Mullis of the 53rd, Stoner of the 6th, Pearson of the 51st, Murphy of the 27th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system; 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 22. By Senators Stoner of the 6th, Williams of the 19th, Orrock of the 36th, Mullis of the 53rd and Pearson of the 51st: A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to establish the Georgia Coordinating Council for Rural and Human Services Transportation to encourage efficient transportation service delivery in the rural areas of the state and to coordinate human service transportation services in both the rural and urban areas of the state; to provide for legislative findings; to provide for the membership, meetings, and expenses of such council; to provide for advisory committees; to provide for the duties of the council; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. 1028 JOURNAL OF THE HOUSE SB 351. By Senators Seabaugh of the 28th and Balfour of the 9th: A BILL to be entitled an Act to amend Code Section 43-3-25 of the Official Code of Georgia Annotated, relating to continuing professional education requirements for certified public accountants, so as to provide for reduced required hours for state employees; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 390. By Senator Carter of the 1st: 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 for definitions; to provide that a municipal corporation may determine when it is appropriate to establish a conservation easement; 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. SR 822. By Senators Mullis of the 53rd, Stoner of the 6th, Pearson of the 51st, Murphy of the 27th, Jackson of the 24th and others: A RESOLUTION urging the Georgia Department of Transportation to seek a waiver from the Federal Highway Administration in order to allow retail developments in rest areas along the interstate highway system; 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: Jones of the 44th, Gardner of the 57th, Morgan of the 39th, Cooper of the 41st, Dobbs of the 53rd, Byrd of the 20th, Howard of the 121st, Austin of the 10th, Knox of the 24th, and Dollar of the 45th. The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 1492. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Purcell of the 159th, Stephens of the 161st and others: WEDNESDAY, MARCH 10, 2010 1029 A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, General Chairman Harry "Copie" Burnett IV, and the 2010 St. Patrick's Day Parade's grand marshal, Dennis Michael Herb, Sr., and inviting them to be recognized by the House of Representatives; and for other purposes. The Speaker announced the House in recess until 1:00 o'clock, this afternoon. 1030 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs 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 1007 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman The following Resolutions of the House were read and referred to the Committee on Rules: HR 1591. By Representatives Drenner of the 86th, Yates of the 73rd, Sims of the 169th, Thomas of the 100th, Willard of the 49th and others: A RESOLUTION commending the Young Marines of Metro Atlanta and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1592. By Representatives Drenner of the 86th, Abrams of the 84th, Benfield of the 85th and Henson of the 87th: A RESOLUTION recognizing and commending Atlanta Dream owner Kathy Betty and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1593. By Representatives Drenner of the 86th, Abrams of the 84th, Benfield of the 85th, Henson of the 87th and Gardner of the 57th: A RESOLUTION recognizing and commending Ms. Angel McCoughtry on being named the 2009 WNBA Rookie of the Year and invite her to be recognized by the House of Representatives; and for other purposes. WEDNESDAY, MARCH 10, 2010 1031 HR 1594. By Representatives Drenner of the 86th, Abrams of the 84th, Benfield of the 85th and Henson of the 87th: A RESOLUTION recognizing and commending Coach Marynell Meadors on being named the 2009 WNBA Coach of the Year and inviting her to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1595. By Representatives Hugley of the 133rd and Smyre of the 132nd: A RESOLUTION honoring the life and memory of Mr. Calvin Douglas Perkins; and for other purposes. HR 1596. By Representatives Murphy of the 120th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Jones of the 44th, Sinkfield of the 60th and others: A RESOLUTION recognizing and commending Mrs. Cynthia M.A. ButlerMcIntyre, 24th National President of Delta Sigma Theta Sorority, Inc.; and for other purposes. HR 1597. By Representatives Parrish of the 156th, Jackson of the 142nd, Morris of the 155th, Ralston of the 7th, Jones of the 46th and others: A RESOLUTION recognizing and commending Georgia State Patrol Post 19; and for other purposes. HR 1598. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION recognizing and commending Walker County Sheriff Steve Wilson; and for other purposes. HR 1599. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION commending the Hutcheson Medical Center Laboratory and recognizing the week of April 18-24, 2010, as Lab Week at the state capitol; and for other purposes. HR 1600. By Representative Oliver of the 83rd: A RESOLUTION recognizing and commending Nick Richwagen; and for other purposes. 1032 JOURNAL OF THE HOUSE HR 1601. By Representatives Powell of the 29th and Kidd of the 141st: A RESOLUTION remembering and honoring the life of Tom Mishou; and for other purposes. HR 1602. By Representatives Neal of the 1st and Scott of the 2nd: A RESOLUTION recognizing and commending Cub Scout Pack 3052; and for other purposes. HR 1603. By Representatives Day of the 163rd, Ralston of the 7th, Harbin of the 118th, Martin of the 47th, Chambers of the 81st and others: A RESOLUTION recognizing and commending Georgia Bureau of Investigation Director Vernon Keenan for his many contributions to our state and national security; and for other purposes. HR 1604. By Representatives Day of the 163rd, Ralston of the 7th, Amerson of the 9th, Smyre of the 132nd, Keen of the 179th and others: A RESOLUTION honoring Dean Burke Day on the glorious occasion of his birth; and for other purposes. HR 1605. By Representatives Ashe of the 56th, Jones of the 46th, Coleman of the 97th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION recognizing and commending Mr. Andrew Broy; and for other purposes. HR 1606. By Representatives Benton of the 31st, McCall of the 30th and England of the 108th: A RESOLUTION honoring the life and memory of Mr. James S. "Jimmy" Johnson; and for other purposes. HR 1607. By Representatives Yates of the 73rd and Knight of the 126th: A RESOLUTION recognizing Griffin Lodge #1207 of the Benevolent and Protective Order of Elks on the occasion of its 100th anniversary; and for other purposes. WEDNESDAY, MARCH 10, 2010 1033 HR 1608. By Representative Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. George Erskine Rice; and for other purposes. HR 1609. By Representative Smith of the 113th: A RESOLUTION recognizing and commending the life and legacy of Dr. Gilbert F. Shearron; and for other purposes. HR 1610. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kella L. Kicklighter of Waycross College on Academic Recognition Day for 2010; and for other purposes. HR 1611. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine Parish of College of Coastal Georgia on Academic Recognition Day for 2010; and for other purposes. HR 1612. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Paul W. Anderson of Georgia College & State University on Academic Recognition Day for 2010; and for other purposes. HR 1613. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Stephanie Martin of Gainesville State College on Academic Recognition Day for 2010; and for other purposes. HR 1614. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jerri R. Carson of Atlanta Metropolitan College on Academic Recognition Day for 2010; and for other purposes. HR 1615. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Marielle Williams of East Georgia College on Academic Recognition Day for 2010; and for other purposes. 1034 JOURNAL OF THE HOUSE HR 1616. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Andrew J. Mock of Darton College on Academic Recognition Day for 2010; and for other purposes. HR 1617. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua M. Heath of Armstrong Atlantic State University on Academic Recognition Day for 2010; and for other purposes. HR 1618. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar D'aia Ford of Albany State University on Academic Recognition Day for 2010; and for other purposes. HR 1619. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar David L. Chapman of Abraham Baldwin Agricultural College on Academic Recognition Day for 2010; and for other purposes. HR 1620. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Laurie Ann Hennen of Georgia Highlands College on Academic Recognition Day for 2010; and for other purposes. HR 1621. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Chia-chi Lee of Georgia Gwinnett College on Academic Recognition Day for 2010; and for other purposes. HR 1622. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Taylor Darice Sykes of Fort Valley State University on Academic Recognition Day for 2010; and for other purposes. WEDNESDAY, MARCH 10, 2010 1035 HR 1623. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew Brian Shelnutt of Clayton State University on Academic Recognition Day for 2010; and for other purposes. HR 1624. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Rayna J. Andrews of Bainbridge College on Academic Recognition Day for 2010; and for other purposes. HR 1625. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin S. Timmons of Augusta State University on Academic Recognition Day for 2010; and for other purposes. HR 1626. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin N. Taylor of Columbus State University on Academic Recognition Day for 2010; and for other purposes. HR 1627. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Whitney de Yampert of Macon State College on Academic Recognition Day for 2010; and for other purposes. HR 1628. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jennifer Nicole Johnson of Georgia Southwestern State University on Academic Recognition Day for 2010; and for other purposes. HR 1629. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Cassie Beasley of Georgia Southern University on Academic Recognition Day for 2010; and for other purposes. 1036 JOURNAL OF THE HOUSE HR 1630. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tonya Jill Blackmon of Dalton State College on Academic Recognition Day for 2010; and for other purposes. HR 1631. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Stephen Christopher Dorner of the University of Georgia on Academic Recognition Day for 2010; and for other purposes. HR 1632. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Roxanne Hambrick of Georgia Perimeter College on Academic Recognition Day for 2010; and for other purposes. HR 1633. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brittany Sumner Gann of the University of West Georgia on Academic Recognition Day for 2010; and for other purposes. HR 1634. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley Hartt of Valdosta State University on Academic Recognition Day for 2010; and for other purposes. HR 1635. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Vincent Y. Watkins of Southern Polytechnic State University on Academic Recognition Day for 2010; and for other purposes. HR 1636. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Leah O. Springer of North Georgia College & State University on Academic Recognition Day for 2010; and for other purposes. WEDNESDAY, MARCH 10, 2010 1037 HR 1637. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar David C. Ayers of Kennesaw State University on Academic Recognition Day for 2010; and for other purposes. HR 1638. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kate Tooley of Gordon College on Academic Recognition Day for 2010; and for other purposes. HR 1639. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Elana Eurelle Arnold of Georgia State University on Academic Recognition Day for 2010; and for other purposes. HR 1640. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Alina Staskevicius of Georgia Institute of Technology on Academic Recognition Day for 2010; and for other purposes. HR 1641. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Connie D. Blum of South Georgia College on Academic Recognition Day for 2010; and for other purposes. HR 1642. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lemaro R. Thompson of Savannah State University on Academic Recognition Day for 2010; and for other purposes. HR 1643. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Morgan of Middle Georgia College on Academic Recognition Day for 2010; and for other purposes. 1038 JOURNAL OF THE HOUSE HR 1644. By Representative Walker of the 107th: A RESOLUTION commending University System of Georgia Outstanding Scholar Tien Lee of Medical College of Georgia on Academic Recognition Day for 2010; and for other purposes. HR 1645. By Representative Graves of the 12th: A RESOLUTION recognizing the outstanding accomplishments of Charles O. Walker; 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 925. By Representatives Benton of the 31st, McKillip of the 115th and Walker of the 107th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to revise provisions relating to content of notice; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Benton of the 31st moves to amend HB 925 by striking lines 21 and 22 and inserting in lieu thereof the following: to such parent, guardian, or other person by certified mail, return receipt requested, or first class mail. Public schools shall provide to the parent, guardian, or other person having By striking lines 32 and 33 and inserting in lieu thereof the following: in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, or first class mail, to such parent, guardian, or other person who. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. WEDNESDAY, MARCH 10, 2010 1039 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner E Burkhalter Y Burns Butler Byrd Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne Houston Howard Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long N Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Manning Y Marin E Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Meadows Millar Y Mills Y Mitchell Y Morgan Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Setzler Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L E Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, as amended, the ayes were 141, nays 3. The Bill, having received the requisite constitutional majority, was passed, as amended. Due to a mechanical malfunction, the vote of Representative Carter of the 175th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representatives Dawkins-Haigler of the 93rd, Houston of the 170th, Knox of the 24th, Long of the 61st, Lucas of the 139th, Mangham of the 94th, Meadows of the 5th, Mosby 1040 JOURNAL OF THE HOUSE of the 90th 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. HB 1085. By Representatives Dempsey of the 13th, Manning of the 32nd, Peake of the 137th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reasonable efforts regarding reunification of family, so as to provide for additional requirements for case plans and permanency plans submitted and approved by the juvenile court for children in the custody of the Division of Family and Children Services of the Department of Human Services; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Bell Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner E Burkhalter Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 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 E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Lindsey Long 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 Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Scott, A Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L E Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A WEDNESDAY, MARCH 10, 2010 1041 Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 150, nays 3. The Bill, having received the requisite constitutional majority, was passed. Representatives Knox of the 24th, Lucas of the 139th and Mosby of the 90th stated that 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 Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. By unanimous consent, HB 1054 was postponed until Wednesday, March 17, 2010. HB 1072. By Representatives Stephens of the 164th, Coan of the 101st, Bearden of the 68th, Shaw of the 176th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; 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 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to provide legislative findings; to provide definitions; to clarify provisions relating to voluntary releases entered into by a dealer; to prohibit a franchisor from assessing a surcharge against a dealer for warranty repairs; to require a franchisor to pay a dealer terminated as a result of a bankruptcy or industry reorganization the fair market value of the terminated franchise as of the notice of termination or 12 months prior, whichever is greater; to clarify franchisor termination 1042 JOURNAL OF THE HOUSE assistance requirements with regard to repurchase of new vehicles acquired by a dealer; to require a franchisor to reimburse a dealer terminated as a result of a bankruptcy or industry reorganization for upgrades or renovations to dealership facilities performed within two years of bankruptcy or reorganization; to prohibit a franchisor from demanding exclusive facilities, personnel, or showrooms if the imposition of such requirements is unreasonable in light of economic conditions; to prohibit a franchisor from conditioning a franchise agreement or renewal of a franchise agreement or participation in franchisor programs and incentives on the relocation or exclusivity of a dealership facility; to prohibit a franchisor from conditioning franchise agreements or renewals of franchise agreements, addition of line makes, approval of relocation, sale or transfer on dealer's or prospective dealer's willingness to enter into a site control agreement; to clarify existing law to prohibit a franchise from charging back dealers for transactions that took place more than 12 months prior to an audit, investigation, or independent inquiry of the franchisor; to prohibit a franchisor from charging back, withholding payment, or denying vehicles to a dealer based on exportation by customer unless franchisor can demonstrate that dealer had knowledge that customer intended to export new vehicle; to provide for an effective date; to repeal conflicting laws; and for other purposes. SECTION 1. WHEREAS, the General Assembly desires to reaffirm the legislative findings and declarations set forth in Code Section 10-1-621 and to make changes to the Georgia Motor Vehicle Franchise Practices Act in an effort to promote the stability of franchised motor vehicle dealerships in this state, thereby maintaining necessary reliable services to the consuming public, maintaining full and fair competition among dealers in the public interest, and providing continued employment to the citizens of this state, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 2. Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, is amended in Code Section 10-1-622, relating to definitions pertaining to the Georgia Motor Vehicle Franchise Practices Act, by adding a new paragraph as follows: "(8.1) 'Line-make' is a collection of models, series, or groups of motor vehicles manufactured by or for a particular manufacturer, distributor, or importer that are offered for sale, lease, or distribution pursuant to a common brand name or mark; provided, however: (A) Multiple brand names or marks may constitute a single line-make, but only when included in a common dealer agreement and the manufacturer, distributor, or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and WEDNESDAY, MARCH 10, 2010 1043 (B) Motor vehicles bearing a common brand name or mark may constitute separate line-makes when pertaining to motor vehicles subject to separate dealer agreements or when such vehicles are intended for different types of use." SECTION 3. Said article is further amended in Code Section 10-1-623, relating to actions for violations of the Georgia Motor Vehicle Franchise Practices Act, by revising subsection (d) as follows: "(d) This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement when separate and adequate consideration is offered and accepted to resolve a specific claim, dispute, or action between the franchisor and the dealer." SECTION 4. Said article is further amended by revising Code Section 10-1-627, relating to waivers, as follows: "10-1-627. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement when separate and adequate consideration is offered and accepted to resolve a specific claim, dispute, or action between the franchisor and the dealer." SECTION 5. Said article is further amended in Code Section 10-1-641, relating to warranty and recall work obligations of franchisors, by revising subsection (b) and by adding a new subsection as follows: "(b) Manufacturers and distributors shall include in written notices of factory recalls to new motor vehicle owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. Manufacturers and distributors shall compensate any dealers in this state for repairs effected affected by all recalls." "(d) A manufacturer or distributor shall not otherwise recover its costs from dealers within this state, including an increase in the wholesale price of a vehicle or surcharge imposed on a dealer solely intended to recover the cost of reimbursing the dealer for parts and labor pursuant to this Code section, provided that a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business." SECTION 6. Said article is further amended by revising Code Section 10-1-651, relating to termination of a motor vehicle franchise, as follows: 1044 JOURNAL OF THE HOUSE "10-1-651. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor: (1) Has satisfied the notice requirement of subsection (e) of this Code section; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the failure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days. (c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to comply with reasonable performance criteria established by the franchisor if: in light of existing circumstances, including but not limited to current and forecasted economic conditions, provided the following conditions are satisfied: (1) The dealer was notified by the franchisor in writing of such failure; (2) Said notification stated that notice was provided of failure of performance pursuant to this Code section; and (3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (d) The franchisor shall have the burden of proof under this Code section. (e)(1) Notwithstanding franchise terms to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the franchisor shall furnish notification, as provided in paragraph (2) of this subsection, of such termination, cancellation, or nonrenewal to the dealer as follows: (A) Not less than 90 days prior to the effective date of such termination, cancellation, or nonrenewal; (B) Not less than 15 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following: (i) Insolvency of the dealer, or filing of any petition by or against the dealer under any bankruptcy or receivership law; (ii) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer; (iii) Conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; WEDNESDAY, MARCH 10, 2010 1045 (iv) Suspension for a period of more than 14 days or revocation of any license which the dealer is required to have to operate a dealership; or (v) Fraud or intentional misrepresentation by the dealer which materially affects the franchise, provided the franchisor gives notice within one year of the time when the fraud or misrepresentation occurred or was discovered, whichever is later; or (C) Not less than 180 days prior to the effective date of such termination or cancellation where the franchisor is discontinuing the sale of the product line. (2) Notification under this Code section shall be in writing and shall be by certified mail or statutory overnight delivery or personally delivered to the dealer and shall contain: (A) A statement of intention to terminate, cancel, or not to renew the franchise; (B) A statement of the reasons for the termination, cancellation, or nonrenewal; and (C) The date on which such termination, cancellation, or nonrenewal is to take effect. (f)(1)(A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall repurchase from the dealer any new and unused undamaged motor vehicles of the current and one year prior model year and any new and unused motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor same line make in the ordinary course of business prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this subparagraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. (B) In addition to the motor vehicles repurchased under subparagraph (A) of this paragraph, the franchisor shall repurchase demonstration motor vehicles of the current model year and demonstration motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed and so long as such motor vehicles do not have more than 6,000 miles each on their odometers. Any such demonstration motor vehicle shall be repurchased at the net cost to the dealer less an allowance for use equal to the net cost to the dealer times the current mileage divided by 100,000. The franchisor shall repurchase a number of demonstration motor vehicles equal to 10 percent of the number of motor vehicles repurchased under subparagraph (A) of this paragraph; however, in no event shall the number of demonstration motor vehicles which the franchisor is required to repurchase ever be less than two or more than 15 motor vehicles. 1046 JOURNAL OF THE HOUSE (C) For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (2) Upon the termination, cancellation, or nonrenewal of any franchise by the dealer, the franchisor shall repurchase from the dealer any new and unused undamaged motor vehicles, except motorcycles as defined in paragraph (29) of Code Section 40-1-1 and except motor homes as defined in paragraph (31) of Code Section 40-1-1 and except school buses as defined in paragraph (55) of Code Section 40-1-1, of the current model year acquired by the dealer within 12 months prior to the effective date of the termination so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor of the same line-make and in the normal course of business and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this paragraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (3)(A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor or upon the termination, cancellation, or nonrenewal of any franchise by the franchisee, the franchisor shall repurchase, at fair and reasonable compensation, from the dealer the following: (i) Any unused, undamaged, and unsold parts which have been acquired from the franchisor, provided such parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition. Such parts shall be repurchased by the franchisor at the current catalog price, less any applicable discount; (ii) Any supplies, equipment, and furnishings, including manufacturer or linemake signs, purchased from the franchisor or its approved source within three years of the date of termination, cancellation, or nonrenewal; and (iii) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools or other equipment which the franchisor required the dealer to purchase regardless of the time purchased. (B) Except as provided in division (i) of subparagraph (A) of this paragraph, fair and reasonable compensation shall be the net acquisition price if the item was acquired in the 12 months preceding the effective date of the termination, cancellation, or nonrenewal; 75 percent of the net acquisition price if the item was WEDNESDAY, MARCH 10, 2010 1047 acquired between 13 and 24 months preceding the effective date of the termination, cancellation, or nonrenewal; 50 percent of the net acquisition price if the item was acquired between 25 and 36 months preceding the effective date of the termination, cancellation, or nonrenewal; 25 percent of the net acquisition price if the item was acquired between 37 and 60 months preceding the effective date of the termination, cancellation, or nonrenewal; or fair market value if the item was acquired more than 60 months preceding the effective date of the termination, cancellation, or nonrenewal. (4) The repurchase of any item under this subsection shall be accomplished within 60 days of the effective date of the termination, cancellation, or nonrenewal or within 60 days of the receipt of the item by the franchisor, whichever is later in time, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (5) In the event the franchisor does not pay the dealer the amounts due under this subsection or subsection (g) (h) of this Code section within the time period set forth in this subsection, the franchisor shall, in addition to any amounts due, pay the dealer interest on such amount. This interest shall not begin to accrue until the time for payment has expired. The interest shall be computed monthly on any balance due and the monthly interest rate shall be one-twelfth of the sum of the then current Wall Street Journal Prime Interest Rate and 1 percentage point. (g) If a termination or nonrenewal of a franchise is the result of a bankruptcy filing or reorganization of a franchisor, a plan or policy to reduce the number of dealers, whether publicly announced or not, or the sale or other change in the business operation of the franchisor, the franchisor shall be required to pay the fair market value of the franchise as of the date of the notice of termination or nonrenewal or 12 months prior to the date of notice of termination or nonrenewal, whichever is greater. Fair market value shall be the goodwill value of the dealer's franchise in the dealer's community or territory. In addition, if a termination or nonrenewal of a franchise is the result of a bankruptcy filing or reorganization of a franchise, a plan or policy to reduce the number of dealers, whether publicly announced or not, or the sale or other change in the business operation of the franchisor, the franchisor shall also be required to reimburse the dealer for the cost of facility upgrades and renovations required by the franchisor within two years prior to termination or nonrenewal. Termination assistance provided for in this subsection shall be in addition to repurchase obligations otherwise set forth in this Code section. (g)(h) Within 60 days of the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall commence to reimburse the dealer for one year of the dealer's reasonable cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one year of the reasonable rental value of the facilities or location. If more than one franchise is being terminated, canceled, or not renewed, the reimbursement shall be prorated equally among the different franchisors. 1048 JOURNAL OF THE HOUSE However, if a franchise is terminated, canceled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. The provisions of this subsection shall not apply if the dealer is convicted of any criminal offense which conviction is cause of the termination, cancellation, or nonrenewal. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal. If reimbursement is made under this subsection, the franchisor is entitled to possession and use of the facilities or location for the period covered by such reimbursement. (h)(i) If, in an action for damages under this Code section, the franchisor fails to prove that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor may pay the dealer an amount equal to the value of the dealership as an ongoing business, at which time the franchisor shall receive any title to the dealership facilities which the dealer may have and the franchisee shall surrender his franchise agreement to the franchisor. If the dealer receives an amount equal to the value as an ongoing business, the dealer shall have no other recovery from the franchisor absent a showing such as would warrant punitive damages under Code Section 10-1-623. (i)(j) Without limitation as to factors which may constitute or indicate a lack of good cause, no termination shall be considered to be for good cause: (1) If such termination relates to the death or disability of an owner and the franchisor has not complied with Code Section 10-1-652; or (2) If such termination relates to a change in ownership or management and the franchisor has not complied with Code Section 10-1-653. (j)(k) All procedures, protections, and remedies afforded to a motor vehicle dealer under this Code section shall be available to a motor vehicle distributor whose distributor agreement is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer." SECTION 7. Said article is further amended by revising Code Section 10-1-661, relating to delivery of motor vehicles and modification of dealership facilities, as follows: "10-1-661. (a) For purposes of this Code section, the term 'coerce' means to compel or attempt to compel by threat or use of force or to fail to act in good faith in performing or complying with any term or provision of a franchise or dealer agreement. (a)(b) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To order or accept delivery of any new motor vehicle, part, or accessory thereof, equipment, or any other commodity not required by law which shall not have been voluntarily ordered by the dealer, except that this paragraph does not affect any terms WEDNESDAY, MARCH 10, 2010 1049 or provisions of a franchise requiring dealers to market a representative line of those motor vehicles which the franchisor is publicly advertising; (2) To order or accept delivery of any new motor vehicle with special features, accessories, or equipment not included in the list price of such new motor vehicle as publicly advertised by the franchisor; (3) To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new motor vehicle, the dealer remains in compliance with any reasonable facilities requirements of the franchisor, the dealer provides acceptable sales performance, and no change is made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities without assurances that the franchisor will provide a reasonable supply of new motor vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions; (5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by such dealer in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons; (6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the 'Motor Vehicle Warranty Practices Act'; or (7) To acquire any line make of motor vehicle or to give up, sell, or transfer any line make of motor vehicle which has been acquired in accordance with this article once such dealer has notified the franchisor that it does not desire to acquire, give up, sell, or transfer such line make or to retaliate or take any adverse action against a dealer based on such desire; or (8) To construct, renovate, or maintain exclusive facilities, personnel, or showroom area dedicated to a particular line make if the imposition of such a requirement would be unreasonable in light of the existing circumstances, including the franchisor's reasonable business considerations, present economic and market conditions, and forecasts for future economic and market conditions in the dealer's retail territory. The franchisor shall have the burden of proof to demonstrate that its demand for exclusivity is justified by reasonable business considerations and reasonable in light of the dealer's circumstances; provided, however, that this provision shall not apply to a voluntary agreement when separate and adequate consideration was offered and accepted. The franchisor shall have the burden of proof to show that the dealer has entered into a voluntary, noncoerced agreement regarding exclusivity. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983." SECTION 8. Said article is further amended by revising Code Section 10-1-662, relating to unlawful activities of motor vehicle franchisors, as follows: 1050 JOURNAL OF THE HOUSE "10-1-662. (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or that dealer's business; (6) To require any dealer to assent prospectively to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a franchisor to be referred to any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer, provided that this Code section shall not prevent any dealer from entering into a valid release agreement with the franchisor; (7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer; (8) To deny any dealer the right of free association with any other dealer for any lawful purposes; (9) To engage in any predatory practice or discrimination against any dealer; (10) To propose or make any material change in any franchise agreement without giving the dealer written notice by certified mail or statutory overnight delivery of such change at least 60 days prior to the effective date of such change; (11) To cancel a franchise or to take any adverse action against a dealer based in whole or in part on the failure of the dealer to meet the reasonable performance goals of the manufacturer criteria established by the franchisor in light of existing circumstances, including but not limited to current and forecasted economic conditions, or when that failure is due to the failure of the franchisor to supply, within a reasonable period of time, new motor vehicles ordered by or allocated to the dealer; WEDNESDAY, MARCH 10, 2010 1051 (12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line make or the same accessory; (13) To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends more than one year prior to such decision or which took place any time prior to the period of time covered by such audit, investigation, or inquiry or to apply the results of an audit, investigation, or inquiry to any activity, transaction, conduct, or other occurrence which took place any time prior to the time covered by such audit, investigation, or inquiry; (14) To charge back to, deduct from, or reduce any account of a dealer or any amount of money owed to a dealer by a franchisor any amount of money the franchisor alleges is owed to such franchisor by such dealer as a result of an audit, investigation, or inquiry of such dealer or based upon information obtained by the franchisor through other resources which relates to any transaction that occurred more than 12 months prior to notice to the dealer of the charge back or deduction, but rather if a franchisor alleges that a dealer owes such franchisor any amount of money as a result of an audit, investigation, or inquiry, such franchisor shall send a notice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment; (15) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment or reimbursement for warranty service or parts, incentives, hold-backs, special program money, or any other amount owed to such dealer unless such denial, delay, restriction, or bill back is the direct result of a material defect in the claim which affects the validity of the claim; (16) To engage in business as a dealer or to manage, control, or operate, or own any interest in a dealership either directly or indirectly, if the primary business of such dealer or dealership is to perform repair services on motor vehicles, except motor homes, pursuant to a manufacturer's or franchisor's warranty; or (17) To refuse to allow, to limit, or to restrict a dealer from maintaining, acquiring, or adding a sales or service operation for another line make of motor vehicles at the same or expanded facility at which the dealer currently operates a dealership unless the franchisor can prove by a preponderance of the evidence that such maintenance, acquisition, or addition will substantially impair the dealer's ability to adequately sell or service such franchisor's motor vehicles; 1052 JOURNAL OF THE HOUSE (18) To directly or indirectly condition a franchise agreement or renewal of a franchise agreement, addition of a line make, approval of relocation, or approval of a sale or transfer on the dealer's or prospective dealer's willingness to enter into a site control agreement; provided, however, that this paragraph shall not apply to a voluntary agreement when separate and adequate consideration is paid to the dealer. The franchisor shall have the burden of proof to show the voluntary, noncoerced acceptance of the site control agreement by the dealer; or (19) To charge back, withhold payment, deny vehicle allocation, or take other adverse action against a dealer when a new vehicle sold by the dealer has been exported to a foreign country unless the franchisor can demonstrate that the dealer knew or reasonably should have known that the customer intended to export or resell the new vehicle. There shall be a rebuttable presumption that the dealer had no such knowledge if the vehicle is titled or registered in any state in this country. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983." SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: E 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 Howard Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S 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 Scott, A N Scott, M Y Sellier Y Setzler Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L E Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R WEDNESDAY, MARCH 10, 2010 1053 Y Bryant E Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N 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 Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Knox of the 24th, Long of the 61st 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. The following member was recognized during the period of Evening Orders and addressed the House: Cox of the 102nd. Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time: SB 305. By Senators Mullis of the 53rd, Pearson of the 51st, Stoner of the 6th, Douglas of the 17th, Staton of the 18th and others: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase the percentage of projects that may be contracted for using the design-build method; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1054 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, so as to increase to 30 percent of the previous year's awarded amount the total that may be contracted for using the design-build method; to provide for a reversion to 15 percent as of July 1, 2014; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to use of the design-build method of implementation of transportation projects, is amended by revising subsection (f) as follows: "(f) In contracting for design-build projects, the department shall be limited to contracting for no more than 15 30 percent of the total amount of construction projects awarded in the previous fiscal year. After July 1, 2014, in contracting for design-build projects, the department shall be limited to contracting for no more than 15 percent of the total amount of construction projects awarded in the previous fiscal year." SECTION 2. This Act shall become effective on July 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: 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Howard Hudson Y Manning Y Marin E Martin Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar N Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B WEDNESDAY, MARCH 10, 2010 1055 Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins, D Y Collins, T Y Cooper Y Cox 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 Hugley Y Jackson Y Jacobs E James Y Jerguson E Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, E Y Smith, K Y Smith, L E Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1094. By Representatives Smith of the 70th, Ramsey of the 72nd, England of the 108th, Manning of the 32nd, Lindsey of the 54th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1056 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation and to make regular reports of measurable progress to the Governor, Lieutenant Governor, Speaker of the House, and General Assembly; to require the establishment of best management practices by public water systems; to change provisions relating to state and local watering restrictions; to provide for the classification and continuation or discontinuation of certain farm use water withdrawal permits; to provide for measuring and separate charging of water to units in certain new construction; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to require high-efficiency cooling towers; to create the Joint Committee on Water Supply; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly recognizes the imminent need to create a culture of water conservation in the State of Georgia. The General Assembly also recognizes the imminent need to plan for water supply enhancement during future extreme drought conditions and other water emergencies. In order to achieve these goals, the General Assembly directs the Georgia Department of Natural Resources to coordinate with its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission to work together as appropriate to develop programs for water conservation and water supply. SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting in lieu of reserved Code Section 12-5-4 a new Code Section 12-5-4 to read as follows: WEDNESDAY, MARCH 10, 2010 1057 "12-5-4. (a) As used in this Code section, the term 'agency' or 'agencies' means the Georgia Department of Natural Resources, including its Environmental Protection Division, the Georgia Environmental Facilities Authority, the Georgia Department of Community Affairs, the Georgia Forestry Commission, the Georgia Department of Community Health, including its Division of Public Health, the Georgia Department of Agriculture, and the Georgia Soil and Water Conservation Commission individually or collectively as the text requires. (b) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to provide enhanced programming and incentives for voluntary water conservation. The agencies shall, without limitation, identify and provide for rules, regulations, incentives, or opportunities to: (1) Include water conservation measures in the comprehensive plans submitted to the Department of Community Affairs by local governments; (2) Provide technical assistance to local governments and public water systems for water loss abatement activities; (3) Support state-wide water campaigns and public outreach programs, such as Conserve Georgia and WaterFirst programs; (4) Encourage residential and commercial retrofits for water efficient fixtures and equipment; (5) Encourage residential and commercial retrofits for water efficient landscaping irrigation systems; (6) Encourage the installation of landscapes in commercial and residential settings utilizing landscape best management practices that include soil preparation, plant selection, and water use efficiency; (7) Encourage the use of rain water and gray water, where appropriate, in lieu of potable water; (8) Encourage the installation of submeters on existing nonsubmetered multifamily complexes and multiunit commercial and industrial complexes; (9) Encourage public water systems to develop and improve water loss abatement programs; (10) Encourage public water systems to implement the industry's best management practices for controlling water loss and achieve the recommended standards; (11) Provide incentives for residential and commercial water conservation pricing by public water systems; (12) Provide incentives for public water systems to use full cost accounting; (13) Encourage voluntary inclusion of water conservation guidelines in applications for new ground-water withdrawal permits and surface-water withdrawal permits; and (14) Examine the effect that water conservation has on water rates and consider policies to mitigate the financial impact that rate increases or reductions in water use have on water utilities and water users. 1058 JOURNAL OF THE HOUSE (c) On or before August 1, 2010, the agencies shall examine their practices, programs, policies, rules, and regulations to identify opportunities to enhance the state's water supply. The agencies shall, without limitation, identify opportunities to: (1) Obtain funding; and (2) Conduct feasibility studies on reservoir dredging and water management measures that could enhance water supply when funding is available. (d) Each agency shall coordinate with the Department of Natural Resources to: (1) Establish administrative programs and procedures to encourage water conservation and to enhance the state's water supply consistent with the results of the reviews required under subsections (b) and (c) of this Code section; (2) Submit an interim report of the reviews required under subsections (b) and (c) of this Code section to the Governor, Lieutenant Governor, and Speaker of the House on or before July 1, 2010, which shall include, at a minimum, the programmatic changes and proposed changes being implemented to encourage water conservation and to enhance the state's water supply; (3) Submit a final report of the review required under subsections (b) and (c) of this Code section to the General Assembly by August 1, 2010, which report shall include at a minimum an outline and narrative summary of the rules, regulations, and policies that have been adopted to encourage water conservation and to enhance the state's water supply; and (4) Submit a report to the General Assembly on or before January 1 of 2011, 2012, 2013, 2014, and 2015 including an outline and narrative summary of the programmatic changes encouraging water conservation and to enhance the state's water supply that were implemented during the immediately preceding calendar year, outlining the agency's goals for the next calendar year, and identifying the rules, regulations, and policies that were adopted to support those programmatic changes." SECTION 3. Said chapter is further amended by adding a new Code Section 12-5-4.1, to read as follows: "12-5-4.1. (a) As used in this Code section, the term: (1) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (2) 'Public water system' means a system for the provision to the public of piped water for human consumption, if such system regularly serves at least 3,300 individuals. Such term includes but is not limited to any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. (b) The Board of Natural Resources shall by January 1, 2011, adopt rules for the minimum standards and best practices for monitoring and improving the efficiency and WEDNESDAY, MARCH 10, 2010 1059 effectiveness of water use by public water systems to improve water conservation. The best practices program shall include without limitation: (1) The establishment of an infrastructure leakage index; (2) The establishment of categories of public water systems based on geographical size and service population; (3) A phased-in approach requiring public water systems to conduct standardized annual water loss audits according to the International Water Association water audit method/standard and to submit those audits to the division; (4) A phased-in approach requiring public water systems to implement water loss detection programs; and (5) The development of a technical assistance program to provide guidance to public water systems for water loss detection programs, to include without limitation metering techniques, utilization of portable and permanent water loss detection devices, and funding when available. By January 1, 2012, public water systems serving at least 10,000 individuals shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. By January 1, 2013, all other public water systems shall have conducted a water loss audit pursuant to the minimum standards and best practices adopted by the Board of Natural Resources. Audit results shall be submitted to the division within 60 days of completion and shall be posted on the division's website in a timely manner after receipt by the division." SECTION 4. Said chapter is further amended by revising Code Section 12-5-7, relating to local variances from state restrictions on outdoor watering, as follows: "12-5-7. (a)(1) Any political subdivision of this state or local government authority may, upon application to and approval by the director of the Environmental Protection Division of the department for good cause shown, impose more stringent restrictions on outdoor water use during nondrought periods or state declared periods of drought than those applicable restrictions, if any, imposed by the state during such periods. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such additional restrictions are necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (2) Paragraph (1) of this subsection shall not prohibit a political subdivision or local government authority from imposing more stringent restrictions on outdoor water use in case of an emergency which immediately threatens the public health, safety, or welfare; provided, however, that such emergency restrictions shall be valid for a period not exceeding seven days unless a variance is granted by the director pursuant to paragraph (1) of this subsection. If the director determines that a political subdivision or local government authority is exercising emergency powers granted by 1060 JOURNAL OF THE HOUSE this paragraph in a manner to circumvent the necessity of obtaining such a variance, he or she may suspend the emergency powers granted by this paragraph to such political subdivision or local government authority. (3) In the event that a political subdivision of this state or local government authority is unable to satisfy reduced water consumption or other permit requirements under its water withdrawal or operating permit due to its inability under this subsection to impose more stringent restrictions on outdoor water use during periods of drought than those applicable restrictions, if any, imposed by the state, such political subdivision or local government authority shall be exempt from fines, sanctions, or other penalties applicable for such failure upon the approval of the director of the Environmental Protection Division of the department. The director shall consider all measures implemented by such political subdivision or local government authority prior to issuing fines, sanctions, or other penalties applicable, if any, for such failure. The political subdivision or local government authority shall notify the director of the Environmental Protection Division of the department within ten business days following the discovery of such failure. The director may request additional information at any time to substantiate such a claim. (4) The director of the Environmental Protection Division may revoke, suspend, or modify, upon not less than three days' written notice, a political subdivision's or local government authority's water withdrawal or waste treatment permit issued pursuant to this chapter consistent with the health, safety, and welfare of the citizens of this state for violation of paragraph (1) or (2) of this subsection or any variance granted pursuant thereto. (a.1)(1) Persons may irrigate outdoors daily for purposes of planting, growing, managing, or maintaining ground cover, trees, shrubs, or other plants only between the hours of 4 P.M. and 10:00 A.M. (2) Paragraph (1) of this subsection shall not create any limitation upon the following outdoor water uses: (A) Commercial agricultural operations as defined in Code Section 1-3-3; (B) Capture and reuse of cooling system condensate or storm water in compliance with applicable local ordinances and state guidelines; (C) Reuse of gray water in compliance with Code Section 31-3-5.2 and applicable local board of health regulations adopted pursuant thereto; (D) Use of reclaimed waste water by a designated user from a system permitted by the Environmental Protection Division of the department to provide reclaimed waste water; (E) Irrigation of personal food gardens; (F) Irrigation of new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during installation and for a period of 30 days immediately following the date of installation; (G) Drip irrigation or irrigation using soaker hoses; (H) Handwatering with a hose with automatic cutoff or handheld container; WEDNESDAY, MARCH 10, 2010 1061 (I) Use of water withdrawn from private water wells or surface water by an owner or operator of property if such well or surface water is on said property; (J) Irrigation of horticultural crops held for sale, resale, or installation; (K) Irrigation of athletic fields, golf courses, or public turf grass recreational areas; (L) Installation, maintenance, or calibration of irrigation systems; or (M) Hydroseeding. (3) Governing authorities of counties and municipalities shall adopt the provisions of paragraphs (1) and (2) of this subsection by ordinance, to become effective not later than January 1, 2011, and violations of such adopted provisions shall be punished as ordinance violations. (b) Any political subdivision of this state or local government authority may apply for and, upon approval by the director of the Environmental Protection Division of the department for good cause shown, shall be granted an exemption from nonstatutory outdoor watering restrictions or water use reductions imposed by the state. For purposes of this subsection, 'good cause' means evidence sufficient to support a reasonable conclusion, considering available relevant information, that such restrictions, reductions, or both are not necessary and appropriate to avoid or relieve a local water shortage. A variance granted pursuant to this subsection shall be valid for such period as determined by the director. (c) The director shall render a decision on an application made by a political subdivision or local government authority under subsection (a) or (b) of this Code section within five business days after receipt thereof. (d) This Code section shall stand repealed and reserved on July 1, 2010. (d)(1) Any permittee who is aggrieved or adversely affected by any order or action of the director of the Environmental Protection Division pursuant to this Code section shall have a right to a hearing pursuant to the provisions of Code Section 12-2-2. (2) Notwithstanding the stay provisions of subparagraph (c)(2)(B) of Code Section 12-2-2, the filing of a petition for a hearing before an administrative law judge from an action taken pursuant to this Code section stays the order of the director of the Environmental Protection Division for not more than five days and such stay shall automatically be lifted without further action by the director if the petition has not been ruled upon by the end of the fifth day following filing of the petition; provided, however, that the petitioner's right to a hearing remains in full force and effect." SECTION 5. Said chapter is further amended in Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters, by adding a new subsection to read as follows: "(p) In addition to the other provisions of this Code section, there shall be established three categories of farm use surface water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without limitation for the following: 1062 JOURNAL OF THE HOUSE (1) An active farm use surface water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use surface water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use surface water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status upon notification of the director. Unused permits shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (3) of subsection (a) of this Code section; (4) An inactive farm use surface water withdrawal permit shall be reclassified to an active permit when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with paragraph (3) of subsection (a) of this Code section; and (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." SECTION 6. Said chapter is further amended in Code Section 12-5-105, relating to permits for use of ground waters, by adding a new subsection to read as follows: "(d) In addition to the other provisions of this Code section, there shall be established three categories of farm use ground-water withdrawal permits: active, inactive, and unused. The rules and regulations implementing this subsection shall provide without limitation for the following: (1) An active farm use ground-water withdrawal permit means one that has been acted upon and used for allowable purposes; (2) An inactive farm use ground-water withdrawal permit means one where the permit holder has requested inactive status in order to retain ownership of the permit for possible future use or reuse. Inactive permits shall be retained by the permit holder without modification; (3) An unused farm use ground-water withdrawal permit means one that has never been used for allowable purposes. Unused permits expire after two years unless changed to active or inactive status upon notification of the director. Unused permits WEDNESDAY, MARCH 10, 2010 1063 shall not be transferred or assigned to subsequent owners of the lands as provided in paragraph (1) of subsection (b) of this Code section: (4) An inactive farm use ground-water withdrawal permit shall be reclassified to active when the permit holder has given the director 60 days' written notice and paid any applicable fees in accordance with subsection (a) of this Code section; (5) The director shall, via certified mail, return receipt requested, contact, or cause to be contacted, any person who holds a permit that the director has determined is unused. The notification shall include the permit identification and information regarding the classifications and procedures for changing classifications. The permit holder shall have 120 days to respond after which the director shall issue a second notice via certified mail, return receipt requested. Two years after the date on which the director first notified the permit holder via certified mail, return receipt requested, of the unused status determination of the permit, the director shall revoke the permit if the permit holder has not requested that the unused permit be reclassified as inactive or active." SECTION 7. Said chapter is further amended by revising Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage, as follows: "12-5-180.1. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, the 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) Except as otherwise provided in subsections (c) and (d) of this Code section, the 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) All new multiunit residential buildings permitted on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by a county, municipal, or other public water system or by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. 1064 JOURNAL OF THE HOUSE (d) All new multiunit retail and light industrial buildings permitted or with a pending permit application on or after July 1, 2012, shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each unit. This subsection shall not apply to any building constructed or permitted prior to July 1, 2012, which is thereafter: (1) renovated; or (2) following a casualty or condemnation, renovated or rebuilt. This subsection is not intended to apply to newly constructed multiunit office buildings or office components of mixed use developments. Multiunit office buildings and the office component of mixed use developments may seek reimbursement from office tenants for water and waste-water use through an economic allocation which approximates the water use of each tenant based on square footage. The retail component of a mixed use development shall be constructed in a manner which will permit the measurement by the owner or operator of water use by each retail unit. (e)(1) A county, municipal, or other public water system, if applicable, or the owner or operator of a building which is subject to subsection (c) or (d) of this Code section shall seek reimbursement for water and waste-water usage by the units through an economic allocation methodology which is based on the measured quantity of water used by each unit. (2) The owner or operator of such a building which includes common areas for the benefit of the units may also seek reimbursement for common area water and wastewater use through an economic allocation which approximates the portion of the common area water and waste-water services allocable to each unit. (3) The total amount of charges to the units under paragraphs (1) and (2) of this subsection shall not exceed the total charges paid by the owner or operator for water and waste-water service for the building, plus a reasonable fee for establishing, servicing, and billing water and waste-water consumption. (4) The director shall be empowered to issue a temporary waiver of this subsection upon a showing by an owner or operator of a building subject to this subsection that compliance with this subsection has temporarily become impracticable due to circumstances beyond the control of the owner or operator. Such waiver shall be limited in duration to the period during which such circumstances remain in effect and beyond the control of the owner or operator to change. (5) The owner or operator who seeks reimbursement for water and waste-water usage as required by this chapter shall be relieved of liability for actions or inactions that occur as a result of billing or meter-reading errors by an unaffiliated third-party billing or meter-reading company. (f) A county, municipal, or other public water system shall be prohibited from charging any fee or levy for the installation or use of privately owned meters or other devices which measure or assist in the measurement of water use under subsection (c) of this Code section; provided, however, a county, municipal or other public water system shall be permitted to charge a fee or levy for the installation or use of publicly owned meters or other devices which measure or assist in the measurement of water use. WEDNESDAY, MARCH 10, 2010 1065 (g) Subsections (c), (d), and (e) of this Code section shall not apply to any construction of a building the permit for which was granted prior to July 1, 2012." SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings in general, is amended by revising Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets, as follows: "8-2-3. (a) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of highefficiency plumbing fixtures in all new construction permitted on or after July 1, 2012. (b) As used in this Code section, the term: (1) 'Commercial' means any type of building other than residential. (2) 'Construction' means the erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building and shall include the replacement of a malfunctioning, unserviceable, or obsolete faucet, showerhead, toilet, or urinal in an existing building. (2) 'Department' means the Department of Community Affairs. (3) 'Residential' means any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel. 'Lavatory faucet' means a faucet that discharges into a lavatory basin in a domestic or commercial installation. (4) 'Plumbing fixture' means a device that receives water, waste, or both and discharges the water, waste, or both into a drainage system. The term includes a kitchen sink, utility sink, lavatory, bidet, bathtub, shower, urinal, toilet, water closet, or drinking water fountain. (5) 'Plumbing fixture fitting' means a device that controls and directs the flow of water. The term includes a sink faucet, lavatory faucet, showerhead, or bath filler. (6) 'Pressurized flushing device' means a device that contains a valve that: (A) Is attached to a pressurized water supply pipe that is of sufficient size to deliver water at the necessary rate of flow to ensure flushing when the valve is open; and (B) Opens on actuation to allow water to flow into the fixture at a rate and in a quantity necessary for the operation of the fixture and gradually closes to avoid water hammer. (7) 'Toilet' means a water closet. (8) 'Water closet' means a fixture with a water-containing receptor that receives liquid and solid body waste and on actuation conveys the waste through an exposed integral trap into a drainage system and which is also referred to as a toilet. (9) 'WaterSenseTM' means a voluntary program of the United States Environmental Protection Agency designed to identify and promote water efficient products and practices. (b) After April 1, 1992, there shall not be initiated within this state the construction of any residential building of any type which: 1066 JOURNAL OF THE HOUSE (c) The standards related to high-efficiency plumbing fixtures shall include without limitation, the following: (1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992; A water closet or toilet that: (A) Is a dual flush water closet that meets the following standards: (i) The average flush volume of two reduced flushes and one full flush may not exceed 1.28 gallons; (ii) The toilet meets the performance, testing, and labeling requirements prescribed by the following standards, as applicable: (I) American Society of Mechanical Engineers Standard A112.19.2-2008; and (II) American Society of Mechanical Engineers Standard A112.19.14-2006 'SixLiter Water Closets Equipped with a Dual Flushing Device'; and (iii) Is listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; or (B) Is a single flush water closet, including gravity, pressure assisted, and electrohydraulic tank types, that meets the following standards: (i) The average flush volume may not exceed 1.28 gallons; (ii) The toilet must meet the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.192/CSA B45.1 or A112.19.14; and (iii) The toilet must be listed to the WaterSenseTM Tank-Type High Efficiency Toilet Specification; (2) Employs a A shower head that allows a flow of no more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure; (3) Employs a A urinal that uses more than an average of 1.0 gallon of water per flush; and associated flush valve that: (A) Uses no more than 0.5 gallons of water per flush; (B) Meets the performance, testing, and labeling requirements prescribed by the American Society of Mechanical Engineers Standard A112.19.2/CSA B45.1; (C) For flushing urinals, meets all WaterSenseTM specifications for flushing urinals; and (D) Where nonwater urinals are employed, complies with American Society of Mechanical Engineers Standard A112.19.3/CSA B45.4 or American Society of Mechanical Engineers Standard A112.19.19/CSA B45.4. Nonwater urinals shall be cleaned and maintained in accordance with the manufacturer's instructions after installation. Where nonwater urinals are installed they shall have a water distribution line roughed-in to the urinal location at a minimum height of 56 inches (1,422 mm) to allow for the installation of an approved backflow prevention device in the event of a retrofit. Such water distribution lines shall be installed with shutoff valves located as close as possible to the distributing main to prevent the creation of dead ends. Where nonwater urinals are installed, a minimum of one WEDNESDAY, MARCH 10, 2010 1067 water supplied fixture rated at a minimum of one water supply fixture unit shall be installed upstream on the same drain line to facilitate drain line flow and rinsing; (4) Employs a A lavatory faucet or lavatory replacement aerator that allows a flow of no more than 2.0 1.5 gallons of water per minute at a pressure of 60 pounds per square inch in accordance with American Society of Mechanical Engineers Standard A112.18.1/CSA B.125.1 and listed to the WaterSenseTM High-Efficiency Lavatory Faucet Specification; or and (5) Employs a A kitchen faucet or kitchen replacement aerator that allows a flow of no more than 2.5 2.0 gallons of water per minute. (c) On and after July 1, 1992, there shall not be initiated within this state the construction of any commercial building of any type which does not meet the requirements of paragraphs (1) through (5) of subsection (b) of this Code section. (d) The requirements of subsection (b) of this Code section shall apply to any residential construction initiated after April 1, 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both. To the extent that the standards set forth in this Code section exceed the National Energy Conservation Policy Act, as amended, and 10 C.F.R. 430.32, the department is directed to petition the Department of Energy for a waiver of federal preemption pursuant to 42 U.S.C. Section 6297(d). (e) The department is directed to amend the applicable state minimum codes so as to permit counties Counties and municipalities are authorized and directed to provide by ordinance for an exemption to the requirements of subsections (b), (c), and (d) subsection (c) of this Code section, relative to new construction and to the repair or renovation of an existing building, under the following conditions: (1) When the repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets, or shower heads within such existing building; (2) When such plumbing or sewage system within such existing building, because of its capacity, design, or installation, would not function properly if the toilets, faucets, or shower heads required by this part were installed; (3) When such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or (4) When units to be installed are: (A) Specifically designed for use by persons with disabilities; (B) Specifically designed to withstand unusual abuse or installation in a penal institution; or (C) Toilets for juveniles. (f) The ordinances adopted by counties and municipalities pursuant to subsection (e) of this Code section shall provide procedures and requirements to apply for the exemption authorized by said subsection. 1068 JOURNAL OF THE HOUSE (g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to April 1, 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992. (h) Any person who installs any toilet, faucet, urinal, or shower head in violation of this Code section shall be guilty of a misdemeanor. (i)(h) Before April 1, 1992 July 1, 2012, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits: (1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or (2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority. (j)(i) For purposes of this part, after April 1, 1992, After July 1, 2012, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 1.28 gallons of water per flush shall be is prohibited in this state. (k)(j) The provisions of this Code section shall not be construed to prohibit counties or municipalities from adopting and enforcing local ordinances which provide requirements which are more stringent than the requirements of this Code section." SECTION 9. Said article is further amended in Code Section 8-2-23, relating to amendment and revision of state minimum code standards, by adding a new subsection to read as follows: "(c)(1) On or before July 1, 2012, the department, with the approval of the board, shall amend applicable state minimum standard codes to require the installation of high-efficiency cooling towers in new construction permitted on or after July 1, 2012. (2) As used in this subsection, the term 'cooling tower' means a building heat removal device used to transfer process waste heat to the atmosphere. (3) The standards related to high-efficiency cooling towers shall include without limitation the minimum standards prescribed by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1 as adopted and amended by the department." SECTION 10. There is created the Joint Committee on Water Supply to be composed of ten members as follows: five members of the House of Representatives shall be appointed by the Speaker of the House with one being the chairperson of the House Natural Resources and Environment Committee and five members of the Senate shall be appointed by the President of the Senate with one being the chairperson of the Senate Natural Resources and the Environment Committee. The House and Senate Natural Resources and Environment Committee chairpersons shall serve as co-chairpersons. The committee shall meet on the call of either co-chairperson. The committee shall undertake a study and analysis of the current status of the state's reservoir system and shall conduct a WEDNESDAY, MARCH 10, 2010 1069 comprehensive analysis of the state's strategic needs for additional water supply, including without limitation the identification of creative financing options for water reservoirs and other opportunities for water supply enhancement. The committee may conduct its 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 its objectives and purposes. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this section shall come from the funds appropriated to the House of Representatives and Senate. The committee is directed to make a report of its findings and recommendations not later than December 31, 2010. The committee shall stand abolished on December 31, 2010. SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E Johnson 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 Parrish Y Parsons Y Scott, A Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor 1070 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter 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 Y Hatfield Y Heard N Kidd 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 Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 166, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Allison of the 8th and Powell of the 29th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. Due to a mechanical malfunction, the vote of Representative Peake of the 137th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. House of Representatives Atlanta, Georgia 30334 This version of HB 1094 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 1094. /s/ Bobby Franklin Representative, District 43 By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs and referred to the Committee on Intragovernmental Coordination: WEDNESDAY, MARCH 10, 2010 1071 HB 1262. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the City of Hogansville 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. Representative Hamilton of the 23rd 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 1322 Do Pass, by Substitute Respectfully submitted, /s/ Hamilton of the 23rd Chairman Representative Keen of the 179th moved that the House do now adjourn until 2:00 o'clock, tomorrow afternoon, and the motion prevailed. The Speaker announced the House adjourned until 2:00 o'clock, tomorrow afternoon. 1072 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, March 11, 2010 The House met pursuant to adjournment at 2:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: E Abdul-Salaam Abrams Allison Amerson Anderson Austin Baker Barnard Battles Bearden Bell E Benfield Benton Black Brooks Bryant Buckner E Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Cooper Cox Crawford Davis E Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dollar Dooley Ehrhart England Epps, C Epps, J Everson E Franklin Frazier Fullerton Gardner E Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner E Harbin Harden, B Harden, M Hatfield Heard Heckstall Hembree Henson Hill, C Hill, C.A Holt Hugley Jackson E James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Kidd Knight Knox Lane, B Lane, R Levitas Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan E Mosby Murphy Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Purcell Ramsey Randall Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier E Shaw E Sheldon Sims, B Sims, C Sinkfield Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stout Taylor Teilhet Thomas Thompson Weldon Willard E Williams, A Williams, E Williams, M Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Ashe of the 56th, Beasley-Teague of the 65th, Bruce of the 64th, Collins of the 95th, Drenner of the 86th, Fludd of the 66th, Horne of the 71st, Houston of the 170th, Howard of the 121st, Hudson of the 124th, Keown of the 173rd, Lindsey of the 54th, Morris of the 155th, Neal of the 1st, Pruett of the 144th, Reece of the 11th, Setzler of the 35th, Stephenson of the 92nd, Talton of the 145th, Walker of the 107th, Wilkinson of the 52nd, and Williams of the 4th. THURSDAY, MARCH 11, 2010 1073 They wish to be recorded as present. Prayer was offered by Pastor Stanley Phillips, Fellowship Baptist Church, Bainbridge, 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 1346. By Representatives Lunsford of the 110th, Yates of the 73rd, Davis of the 109th, Mayo of the 91st, Baker of the 78th and others: 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. 1074 JOURNAL OF THE HOUSE HB 1347. By Representatives Mayo of the 91st, Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd and Baker of the 78th: A BILL to be entitled an Act to authorize Henry 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 1348. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to school buses, so as to create the Georgia School Bus Safety Task Force; to provide for members; to provide for duties; to provide for a report and recommendations; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1349. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1350. 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 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 THURSDAY, MARCH 11, 2010 1075 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 1351. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that after a demand for past due rent, a landlord may secure the premises and bar the tenant from entry; to provide that the tenant may regain possession by paying rent dues; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1352. By Representative Smith of the 113th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide for a University System Fiscal and Administrative Oversight Commission; to provide for membership of the commission; to provide for the affairs of the commission; to provide that the commission shall serve only as an investigating, reporting, and advising body and shall have no power over the government, control, and management of the University System of Georgia; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1353. By Representatives Collins of the 27th, Austin of the 10th and Allison of the 8th: A BILL to be entitled an Act to create the White County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations for issuance; to prohibit the 1076 JOURNAL OF THE HOUSE pledge of credit for the payment of bonds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1354. By Representative Rice of the 51st: 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 that an electronic signature is permitted for certain documents that require the signature of architects, engineers, and land surveyors; to provide for definitions; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1355. By Representatives Heckstall of the 62nd, Beasley-Teague of the 65th and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of East Point 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 Ways & Means. HB 1356. By Representatives Chambers of the 81st, Houston of the 170th and Smith of the 131st: A BILL to be entitled an Act to amend Titles 2, 6, 8, 10, 12, 15, 19, 20, 21, 25, 26, 30, 31, 32, 33, 34, 35, 40, 42, 43, 44, 45, 46, 48, 49, 50, and 52 of the Official Code of Georgia Annotated, relating to agriculture; aviation; buildings; commerce and trade; conservation and natural resources; courts; domestic relations; education; elections; fire protection and safety; food, drugs, and cosmetics; handicapped persons; highways, bridges, and ferries; insurance; labor and industrial relations; law enforcement officers and agencies; motor vehicles; penal institutions; professions; property; public officers; public utilities; social services; to repeal conflicting laws; and for other purposes. Referred to the Committee on Budget and Fiscal Affairs Oversight. THURSDAY, MARCH 11, 2010 1077 HB 1357. By Representatives Knox of the 24th, Rynders of the 152nd, Battles of the 15th, Smith of the 113th, McCall of the 30th and others: A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change posting and advertisement requirements for all meetings of county boards of tax assessors; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. HB 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1360. 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 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 1361. By Representatives Reece of the 11th and Buckner of the 130th: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to Jekyll Island--State Park Authority, so as to provide for membership on the authority and to prohibit conflicts of interest by members of the authority and employees of the authority; 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 1362. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, 1078 JOURNAL OF THE HOUSE particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1363. By Representative Barnard of the 166th: 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 for the Georgia Building Authority, so as to require the authority to adopt a master plan for the Capital Square area; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Industrial Relations. HR 1590. By Representatives Knox of the 24th, Rynders of the 152nd, Battles of the 15th, Smith of the 113th, McCall of the 30th and others: A RESOLUTION proposing an amendment to the Constitution so as to transfer all colleges of agriculture from the jurisdiction of the Board of Regents of the University System of Georgia to the jurisdiction of the Department of Agriculture; to provide for related matters; to provide for the THURSDAY, MARCH 11, 2010 1079 submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Higher Education. HR 1646. By Representatives Reese of the 98th, Austin of the 10th, Maddox of the 172nd, Harden of the 28th, Hatfield of the 177th and others: A RESOLUTION urging President Barack Obama and the United States Congress to reject any initiatives legalizing illegal aliens, to enthusiastically enforce American immigration laws, and to support the enforcement of America's borders; and for other purposes. Referred to the Committee on Judiciary. HR 1647. By Representative Graves of the 12th: A RESOLUTION remembering Dolph Fuller, Jr., and dedicating a bridge in his honor; and for other purposes. Referred to the Committee on Transportation. By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees: HB 1369. By Representatives Kaiser of the 59th and Ashe of the 56th: A BILL to be entitled an Act to amend Code Section 15-6-67 of the Official Code of Georgia Annotated, relating to the recordation of maps and plats and specifications for such maps and plats, so as to provide that certain data shall be shown on certain maps and plats; to provide for certain restrictions regarding a plat of a subdivision; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1380. By Representatives Harbin of the 118th and Burkhalter of the 50th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that the state, and any political subdivision thereof, and any public retirement system has an insurable interest in any individual who is an employee of the 1080 JOURNAL OF THE HOUSE state or political subdivision and in any individual who is a retired employee and a member of a public retirement system in certain circumstances; to provide that an employee or returned employee may void such insurance as to such employee or retired employee under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1381. By Representatives Benfield of the 85th, Butler of the 18th, Talton of the 145th, Henson of the 87th, Johnson of the 37th 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 for safer bicycle riding for bicyclists and the motoring public; to provide for definitions; to change provisions relating to parking a motor vehicle; to change provisions relating to traffic laws being applicable to bicycles; to change provisions relating to the transporting of children under the age of one year on a bicycle; to change provisions relating to riding on roadways and bicycle paths; to change provisions relating to equipment on bicycles; to legalize the use of recumbent bicycles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HB 1382. By Representatives Taylor of the 55th, Ashe of the 56th and Bruce of the 64th: 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 a special purpose public safety local option sales and use tax; to provide for definitions, procedures, manner of imposition, accounting for use of proceeds, method of collection, and limitation on use of proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1383. By Representatives Taylor of the 55th, Benfield of the 85th, Henson of the 87th, Ashe of the 56th, Fludd of the 66th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to provide for disposition of a gift card when the owner dies intestate or is missing; to provide for amount presumed abandoned if gift THURSDAY, MARCH 11, 2010 1081 card is redeemable for merchandise only; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1384. By Representatives Taylor of the 55th, Ashe of the 56th, Morgan of the 39th, Dobbs of the 53rd, Bruce of the 64th and others: A BILL to be entitled an Act to amend Code Section 16-11-173 of the Official Code of Georgia Annotated, relating to legislative findings, preemption of local regulation and lawsuits, and exemptions, so as to remove a prohibition relating to the constitutional zoning authority of local governments; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1385. By Representatives Cole of the 125th, Chambers of the 81st, Bearden of the 68th and Day of the 163rd: A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to temporary disability compensation programs, so as to authorize certain payments to law enforcement officers, jailers, and firefighters injured in the line of duty; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1386. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating to meetings excluded from being open to the public, so as to provide that agency meetings wherein discussion regarding service delivery agreements between the agency and private companies is conducted shall not be open to the public; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1387. By Representative Willard of the 49th: 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 1082 JOURNAL OF THE HOUSE omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide for effect in event of conflicts; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1651. By Representatives Taylor of the 55th, Ashe of the 56th and Gardner of the 57th: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to require local boards of education to pay the expenses of certain elections conducted for purposes of the board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1652. By Representatives Stephens of the 164th, Channell of the 116th and Benton of the 31st: A RESOLUTION proposing an amendment to the Constitution so as to provide for an excise tax on cigarettes with proceeds of such tax dedicated for health care purposes; 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 1323 HB 1325 HB 1326 HB 1327 HB 1328 HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 THURSDAY, MARCH 11, 2010 1083 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336 HB 1337 HB 1338 HB 1339 HB 1345 HB 1358 HR 1515 HR 1516 HR 1517 HR 1588 HR 1589 SB 22 SB 351 SB 390 SR 822 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 62 Do Pass, by Substitute HB 842 Do Pass, by Substitute HB 1048 Do Pass, by Substitute HB 1059 Do Pass, by Substitute HB 1106 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Smith of the 131st District, Chairman of the Committee on Budget and Fiscal Affairs Oversight, submitted the following report: Mr. Speaker: Your Committee on Budget and Fiscal Affairs Oversight has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1258 Do Pass Respectfully submitted, /s/ Smith of the 131st Chairman 1084 JOURNAL OF THE HOUSE 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 has instructed me to report the same back to the House with the following recommendations: HB 936 Do Pass, by Substitute HB 1100 Do Pass, by Substitute HB 1130 Do Pass, by Substitute HB 1307 Do Pass, by Substitute HR 1485 Do Pass, by Substitute Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Hamilton of the 23rd 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 1090 Do Pass, by Substitute HB 1233 Do Pass, by Substitute HB 1242 Do Pass HB 1283 Do Pass HB 1284 Do Pass Respectfully submitted, /s/ Hamilton of the 23rd Chairman Representative Dixon of the 6th District, Vice-Chairman of the Committee on Human Relations and Aging, submitted the following report: Mr. Speaker: Your Committee on Human Relations and Aging has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: THURSDAY, MARCH 11, 2010 1085 HR 567 Do Pass, by Substitute Respectfully submitted, /s/ Dixon of the 6th Vice-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 1281 HB 1282 HB 1292 HB 1295 Do Pass Do Pass Do Pass Do Pass HB 1299 Do Pass HB 1319 Do Pass HB 1320 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 742 Do Pass, by Substitute HB 973 Do Pass, by Substitute HB 1046 Do Pass HB 1118 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: 1086 JOURNAL OF THE HOUSE 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 31 Do Pass, by Substitute HB 1121 Do Pass, by Substitute HB 1155 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th 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 1005 Do Pass, by Substitute HB 1224 Do Pass Respectfully submitted, /s/ Rice of the 51st Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report: Mr. Speaker: Your Committee on Public Safety and Homeland Security has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 51 Do Pass, by Substitute Respectfully submitted, /s/ Day of the 163rd Chairman THURSDAY, MARCH 11, 2010 1087 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 1237 Do Pass SB 283 Do Pass, by Substitute Respectfully submitted, /s/ Maxwell of the 17th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1260 Do Pass HR 21 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 517 Do Pass, by Substitute HB 1139 Do Pass, by Substitute HB 1186 Do Pass, by Substitute HB 1191 Do Pass, by Substitute HB 1192 Do Pass, by Substitute HR 1 Do Pass, by Substitute 1088 JOURNAL OF THE HOUSE 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 11, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 1050 Real estate appraisers; appraisal management companies; add regulations (Substitute)(RegI-Benton-31st) Modified Open Rule HB 927 HB 958 HB 1079 Public schools disciplinary tribunals; bullying; expand definition (Substitute)(JudyNC-Jacobs-80th) Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions (Substitute)(PS&HS-Day-163rd) Teacher certification; additional payment methods; authorize (Ed-Dickson6th) Modified Structured Rule HB 1013 HB 1101 Sales tax; educational purposes; change provisions (W&M-Holt-112th) Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions (Substitute)(IndR-Coan-101st) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. THURSDAY, MARCH 11, 2010 1089 Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Williams of the 89th moved that HB 1319 and HB 1320 be removed from the Local Calendar and voted on separately. 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 N Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Bell E Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter N Casas N Chambers Channell N Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Cooper E Cox Y Crawford N Davis E Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson N Floyd Fludd E Franklin Y Frazier Y Fullerton Y Gardner E Geisinger N Glanton E Golick Y Gordon N Graves N Greene N Hamilton Y Hanner E 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 Howard Y Hudson Y Hugley Y Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Jordan Y Kaiser N Keen N Keown N Kidd N Knight Knox N Lane, B N Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Marin Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Mitchell Y Morgan N Morris E Mosby Y Murphy N Neal N Nix N Oliver N O'Neal Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J Pruett N Purcell N Ramsey Randall Y Reece N Reese Rice N Roberts N Rogers N Rynders N Scott, A N Scott, M N Sellier N Setzler E Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M Stephens, R Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N Willard E Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates Ralston, Speaker On the motion, the ayes were 52, nays 99. The motion was lost. 1090 JOURNAL OF THE HOUSE Representative Howard of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1281. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vice-chairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date 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 1282. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for 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 1292. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 11, 2010 1091 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1295. By Representatives Horne of the 71st and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1299. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; 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 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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. 1092 JOURNAL OF THE HOUSE HB 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell E Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Crawford Y Davis E Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England Y Epps, C Epps, J Y Everson N Floyd Fludd E Franklin N Frazier N Fullerton N Gardner E Geisinger Y Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton N Heckstall Y Hembree Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Howard N Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long 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 E Mosby N Murphy Y Neal Y Nix Oliver O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Scott, A Y Scott, M Y Sellier Y Setzler E Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A THURSDAY, MARCH 11, 2010 1093 Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield N Heard Y Loudermilk N Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bills, the ayes were 109, nays 45. HB 1281, HB 1282, HB 1292, HB 1295, and HB 1299, having received the requisite constitutional majority, were passed. HB 1319 and HB 1320, having failed to receive the requisite constitutional majority, were lost. Representative Long of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Howard of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Millar of the 79th 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 1319 and HB 1320. The following members were recognized during the period of Morning Orders and addressed the House: Hembree of the 67th, McKillip of the 115th, Dempsey of the 13th, Bruce of the 64th, Williams of the 89th, Keown of the 173rd, Neal of the 1st, and Levitas of the 82nd. 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 335. By Senators Murphy of the 27th, Staton of the 18th, Harp of the 29th, Stoner of the 6th, Grant of the 25th and others: 1094 JOURNAL OF THE HOUSE 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 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 provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 432. By Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams of the 19th, Murphy of the 27th 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings and intent; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 906. By Representatives Neal of the 1st, Coleman of the 97th, Lindsey of the 54th and Collins of the 95th: 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. THURSDAY, MARCH 11, 2010 1095 HB 1122. By Representatives Millar of the 79th, Chambers of the 81st, Jacobs of the 80th, Mitchell of the 88th, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, so as to change the corporate limits of the city; to provide for a referendum; to provide for related matters; to provide for automatic repeal and a contingent 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 335. By Senators Murphy of the 27th, Staton of the 18th, Harp of the 29th, Stoner of the 6th, Grant of the 25th 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 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 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 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Rules. 1096 JOURNAL OF THE HOUSE SB 432. By Senators Hawkins of the 49th, Balfour of the 9th, Shafer of the 48th, Williams of the 19th, Murphy of the 27th 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 procedures for reviewing applications for the modification or collocation of wireless communication facilities; to provide a short title; to provide legislative findings and intent; to provide definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Special Committee on Small Business Development and Job Creation: HB 1001. By Representatives Martin of the 47th, Stephens of the 164th, Loudermilk of the 14th and Lunsford of the 110th: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for certain qualified investments for a limited period of time; to provide or legislative findings and intent; 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 provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Public Safety and Homeland Security: 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 THURSDAY, MARCH 11, 2010 1097 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. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on State Planning & Community Affairs: HB 203. 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 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. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: HB 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 granting sentence leniency and reduction; 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 House was withdrawn from the General Calendar and recommitted to the Committee on Game, Fish, & Parks: 1098 JOURNAL OF THE HOUSE HB 1000. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to change the bag limits for bear; 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 House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: HB 1155. By Representatives Loudermilk of the 14th, Setzler of the 35th, Everson of the 106th, Smith of the 122nd, Collins of the 95th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to establish the offense of criminal solicitation of abortion; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to specify the recovery available in the event of an abortion performed in violation of Georgia law; to provide for the right to recover for the homicide of an unborn child; to define a certain term; to specify recovery available for the homicide of an unborn child; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1101. By Representatives Coan of the 101st, Marin of the 96th, Smith of the 129th, Horne of the 71st, Dawkins-Haigler of the 93rd 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 provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Self-insurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Self-insurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: THURSDAY, MARCH 11, 2010 1099 A BILL To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for the publication of decisions of the board; to provide for the entry and execution of judgment upon final orders and decisions regarding the Self-insurers Guaranty Trust Fund; to modify the notification period for revocation of a certificate of self-insurance; to revise provisions relative to the Selfinsurers Guaranty Trust Fund; to provide immunity from liability for members of the board of trustees of the Self-insurers Guaranty Trust Fund; 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 (b) of Code Section 34-9-12, relating to employer's record of injuries, availability of board records, supplementary report on termination of disability, penalties, and routine reports, as follows: "(b) The records of the board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public but only to the parties satisfying the board of their interest in such records and their right to inspect them. The board shall provide data contained on Employers' First Report of Injury forms reporting fatalities to the Georgia Department of Labor and the United States Department of Labor for use in the Census of Fatal Occupational Injuries Program. The board shall provide data to such other state and federal governmental entities or departments as required by law. Under such reasonable rules and regulations as the board may adopt, the records of the board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses, or funeral expenses, and to any party at interest, except that the board may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records. Nothing in this subsection shall prohibit the board or its designees from publishing decisions of the board, provided adequate security measures have been taken to protect the identity and privacy of the parties." SECTION 2. Said chapter is further amended by revising Code Section 34-9-106, relating to entry and execution of judgment on settlement agreement, final order or decision, or award and modification and revocation of orders and decrees, as follows: "34-9-106. (a) Any party in interest in a matter involving an injury may file in the superior court of the county in which the injury occurred or, if the injury occurred outside this state or if the matter does not involve an injury, in the county in which the original hearing was 1100 JOURNAL OF THE HOUSE had, a certified copy of: a settlement agreement approved by the board or of a final order or decision of the members or of an award of the members unappealed from or of an award of the members affirmed upon appeal, (1) A settlement agreement approved by the board; (2) A final order or decision of the board; (3) An unappealed award of the board; (4) An award of the board affirmed upon appeal; or (5) Any final order or decision regarding the Self-insurers Guaranty Trust Fund, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court; provided, however, that where the payment of compensation is insured or provided for in accordance with this chapter, no such judgment shall be entered nor execution thereon issued except upon application to the court and for good cause shown. (b) Upon presentation to the court of the certified copy of a decision of the board ending, diminishing, or increasing a weekly payment under the provisions of this chapter, particularly of Code Section 34-9-104, the court shall revoke or modify the order or decree to conform to such decision of the board." SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 34-9-127, relating to issuance by the board of certificate of self-insurance, review, and revocation, as follows: "(c) The board may, upon at least 60 30 days' notice to the employer, and proof of receipt of same, and after a hearing, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation, the board may grant a new certificate to the employer upon his the employer's petition." SECTION 4. Said chapter is further amended by revising Article 10, relating to the Self-insurers Guaranty Trust Fund, as follows: "ARTICLE 10 34-9-380. It is the purpose of this article through the establishment of a guaranty trust fund to provide for the continuation of workers' compensation benefits due and unpaid, excluding penalties, fines, and attorneys' fees assessed against a participant, when a self-insured employer becomes insolvent. 34-9-381. As used in this article, the term: (1) 'Applicant' means an employee entitled to workers' compensation benefits. THURSDAY, MARCH 11, 2010 1101 (2) 'Board' means the State Board of Workers' Compensation. (3) 'Board of trustees' means the board of trustees of the fund. (4) 'Fund' means the Self-insurers Guaranty Trust Fund established by this article. (5) 'Insolvent self-insurer' means a self-insurer who files for relief under the federal Bankruptcy Act, a self-insurer against whom involuntary bankruptcy proceedings are filed, or a self-insurer for whom a receiver is appointed in a federal or state court of this or any other jurisdiction and who is determined, or a self-insurer who is determined by the board to be insolvent by in default of its workers' compensation obligations or requirements according to rules and regulations promulgated by the board of trustees and approved by the board. (6) 'Participant' means a self-insurer who is a member of the fund and exclusive of those entities described in Article 5 of this chapter. (7) 'Self-insurer' means a private employer, including any hospital authority created pursuant to the provisions of Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' that has been authorized to self-insure its payment of workers' compensation benefits pursuant to this chapter, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, or captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of selfinsured employers under this chapter. (8) 'Trustee' means a member of the Self-insurers Guaranty Trust Fund board of trustees. 34-9-382. (a) There is established a Self-insurers Guaranty Trust Fund for the sole purpose of making payments in accordance with this article. The fund shall be administered by an administrator appointed by the chairman chairperson of the board of trustees with the approval of the board of trustees. All moneys in the fund shall be held in trust and shall not be money or property of the state or the participants and shall be exempt from levy, attachment, garnishment, or civil judgment for any claim or cause of action other than for not making payments in accordance with this article. The board of trustees shall be authorized to invest the moneys of the fund in the same manner as provided by law for investments in government backed securities. (b) All returns on investments shall be retained by the fund. The funds of the Selfinsurers Guaranty Trust Fund shall be for the purposes of compensating employees or their dependents who are eligible to receive workers' compensation benefits from their employers pursuant to the provisions of this chapter when, pursuant to this Code section, the board has determined that compensation benefits due are unpaid or interrupted due to the insolvency or default of a participant. Moneys in the fund may be used to compensate an employee or his or her dependents for any type of injury or occupational disease or death, including medical or rehabilitation expenses which are compensable under this chapter against a participant, and all claims for related 1102 JOURNAL OF THE HOUSE administrative fees, operating costs of the board of trustees fund, attorneys' fees incurred by the board of trustees or at its direction, and other costs reasonably incurred by the board of trustees. Payment from the Self-insurers Guaranty Trust Fund shall be made in accordance with this chapter. (c) As a condition of self-insurance, a all private employer employers, except any governmental self-insurer or other employer who elects to group self-insure pursuant to Code Section 34-9-152, captive insurers as provided for in Chapter 41 of Title 33, or employers who, pursuant to any reciprocal agreements or contracts of indemnity executed prior to March 8, 1960, created funds for the purpose of satisfying the obligations of self-insured employers under this chapter, must make application to and be accepted in the Self-insurers Guaranty Trust Fund. 34-9-383. (a) Each member of the board of trustees shall be an employee of a participant. The board of trustees shall consist of a chairperson and six trustees elected by the participants. The board of trustees shall initially be appointed by the Governor not later than August 1, 1990. Three of the initial trustees shall be appointed for terms of office which shall end on January 1, 1993, and the chairperson and the three other initial trustees shall be appointed for terms of office which shall end on January 1, 1995. Thereafter, each trustee shall be elected to a four-year term and shall continue to serve unless otherwise ineligible under subsection (b) of this Code section. No later than 90 days prior to the end of any member's term of office, the chairperson shall select a nominating committee from among the participants to select candidates for election by the participants for the following term. In the event the chairperson fails to complete his or her term of office, a successor will shall be elected by the board of trustees to fill the unexpired term of office. (b) A vacancy in the office of any elected member of the board of trustees shall occur upon the member's resignation, death, or conviction of a felony, or when the trustee's employer no longer qualifies as a self-insured participant or the trustee is no longer an employee of a participant. The board of trustees may remove any member trustee from office on a formal finding of incompetence, neglect of duty, or malfeasance in office. Within 30 days after the office of any elected member becomes vacant for any reason, the board of trustees shall elect a successor to fill that office for the unexpired term. Failure to fill the vacant office shall not invalidate any action taken by the board of trustees provided that said action is taken pursuant to an affirmative vote of not less than four trustees. 34-9-384. The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: (1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities, including, but not limited to, the THURSDAY, MARCH 11, 2010 1103 establishment of an application fee. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess or liability insurance, levy penalties, and fines, and assessments and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its administrator, agents, and employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund; (2) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairperson, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairperson not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairperson shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request; (3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees; (4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his or her official duties; and (5) The board of trustees shall have the right to bring and defend actions only in the name of the fund. Neither the trustees nor their employers shall be liable The administrator, the trustees, and the trustees' employers, agents, and employees shall not be liable jointly or individually for matters arising from or out of the their conduct of the affairs of the fund while acting in the scope of their employment. 34-9-385. (a) Any participant who files for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings are filed or for whom a receiver is appointed shall file written notice of such fact with the board and the board of trustees within 30 days of the occurrence of such event. (b) Any person who files an application for adjustment of a claim against a participant who is in default or has filed for relief under the federal Bankruptcy Act or against whom bankruptcy proceedings have been filed or for whom a receiver has been appointed must file a written notice of such fact with the board and the board of trustees within 30 days of such person's knowledge of the event. (c) Upon receipt of any notice as provided in subsection (a) or (b) of this Code section, the board shall determine whether the participant is insolvent or in default according to procedures established by the board of trustees and approved by the board. Such 1104 JOURNAL OF THE HOUSE determination shall be made within a reasonable time after the date the board and board of trustees receive notification as provided in subsection (a) or (b) of this Code section. (d) When a participant is determined to be in default or 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 against the participant pursuant to subsection (b) of Code Section 34-9-108 and shall take all steps necessary to collect, recover, and enforce all outstanding securities security, 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 of trustees shall convert and deposit into the fund such securities security and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such securities security, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative expenses and fees of the board of trustees including attorneys' fees, and following exhaustion collection of all amounts assessed and received pursuant to subsections (a) and (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 and closure of all claims, provided no outstanding self-insured liabilities remain against the fund and the applicable statute of limitations has run. (e) The board of trustees fund shall be a party in interest in all proceedings involving workers' compensation claims against a participant whose workers' compensation obligations have been are to be paid or assumed by the board of trustees fund and shall be subrogated to the rights of the participant. In such proceedings the board of trustees fund shall assume and may exercise all rights and defenses of the participant, including, but not limited to: (1) The right to appear, defend, and appeal claims; (2) The right to receive notice of, investigate, adjust, compromise, settle, and pay claims; and (3) The right to investigate, handle, and controvert claims. (f) In any proceeding in bankruptcy in which the payment of benefits has been stayed, the board of trustees, through a designated representative, shall may appear and move to lift the stay so that the orderly administration of claims can proceed. The fund shall be subrogated to the rights and claims of any claimant against a participant to the extent of the payments made by the fund to the claimant and may pursue recovery against the participant to the extent of the claims paid or to be paid. (g) The board of trustees shall notify all employees who have pending claims against a participant for workers' compensation benefits which are subject to the provisions of this article of the name, address, and telephone number of the party administering and defending their claim. (h) The board may, in its discretion, direct that the Self-insurers Guaranty Trust Fund honor and pay, in whole or in part, the contractual fee arrangement between an attorney THURSDAY, MARCH 11, 2010 1105 and a claimant pursuant to subsection (a) of Code Section 34-9-108, provided that application to honor the fee arrangement is made after notice pursuant to subsection (g) of this Code section and subject to consideration of objections by any party. (i) No provision of this Code section shall impair any claims in the insolvent selfinsurer's bankruptcy by the board of trustees, any employee, or any provider of services related to the insolvent self-insurer's workers' compensation obligations, to the extent those claims remain unpaid, including but not limited to medical providers or attorneys representing either the insolvent self-insurer or claimants. 34-9-386. (a)(1) The board of trustees shall, commencing January 1, 1991, assess each participant in accordance with paragraph (2) of this subsection. Upon reaching a funded level of $10 million net of all liabilities, all annual assessments against participants who have paid at least three prior assessments shall cease except as specifically provided in paragraph (4) of this subsection. (2) Assessment for each new participant in the first calendar year of participation shall be $4,000.00 $8,000.00. Thereafter, assessments shall be in accordance with paragraphs (3) and (4) of this subsection. (3) After the first calendar year of participation, the annual assessment of each participant shall be made on the basis of a percentage of the total of indemnity and medical benefits paid by, or on behalf of, each the participant during the previous calendar year. Except as provided in paragraph (2) of this subsection for the first calendar year of participation and paragraph (4) of this subsection, a participant will not be assessed at any one time an amount in excess of 1.5 percent of the medical and indemnity benefits paid by that participant during the previous calendar year or $1,000.00 $2,000.00, whichever is greater. The total maximum amount of annual assessments under this paragraph, not including those set out special assessments provided for in paragraph (4) of this subsection, in any calendar year against any one a participant shall not exceed the amount of $4,000.00 be $8,000.00. (4) If after the full funded level of $10 million has been attained, the fund is reduced to an amount below $7 $5 million net of all liabilities as the result of the payment of claims, the administration of claims, or the costs of administration of the fund, the board of trustees shall may levy a special assessment in proportion to the against participants upon approval by the board, according to the same procedure for assessment provided for set forth in paragraph (3) of this subsection, of the participants in an amount sufficient to increase the funded level to $7 $5 million net of all liabilities; provided, however, that such special assessment in any calendar year against any one participant shall not exceed the amount of $10,000.00 $8,000.00. (5) Funds obtained by such assessments shall be used only for the purposes set forth in this article and shall be deposited upon receipt by the board of trustees into the fund. If payment of any assessment made under this article is not made within 30 days of the sending of the notice to the participant, the board of trustees is authorized to do any or all of the following: proceed in court for judgment against the participant, 1106 JOURNAL OF THE HOUSE including the amount of the assessment, the costs of suit, interest, and reasonable attorneys' fees or proceed directly against the security pledged by the participant. (A) Levy fines or penalties; (B) Proceed in court for judgment against the participant, including the amount of the assessment, fines, penalties, the costs of suit, interest, and reasonable attorneys' fees; (C) Proceed directly against the security pledged by the participant for the collection of same; or (D) Seek revocation of the participant's insured status. (b)(1) The fund shall be liable for claims arising out of injuries occurring after January 1, 1991; provided, however, no claim may be asserted against the fund until the funding level has reached $1.5 million. (2) All active participants shall be required to maintain surety bonds or the board of trustees may, in its discretion, accept any irrevocable letter of credit or other acceptable forms of security in the amount of no less than $100,000.00 until the board, after consultation with the board of trustees, has determined that the financial capability of the trust fund and the participant no longer warrants any form of security $250,000.00. In addition, each active participant shall be required to purchase excess insurance for statutory limits with a self-insured retention specified by the board, and the excess policy shall include the bankruptcy endorsement required by the board and board of trustees. For participants who are no longer active, security in an amount commensurate with their remaining exposure, as determined by the board, shall be required until all self-insured claims have been closed and all applicable statutes of limitation have run. (c) A participant who ceases to be a self-insurer shall be liable for any and all assessments made pursuant to this Code section as for so long as indemnity or medical benefits are compensation is paid for claims which originated when the participant was a self-insurer. Assessments of such a participant shall be based on the indemnity and medical benefits paid by the participant during the previous calendar year. (d) Upon refusal to pay assessments, penalties, or fines to the fund when due or upon refusal to comply with a board order increasing security, the fund may treat the selfinsurer as being in noncompliance default with this chapter and the self-insurer shall be subject to revocation of its board authorization to self-insure and forfeiture of its security. 34-9-387. (a) The board of trustees shall have the right and obligation duty to obtain reimbursement from any participant for payment of compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. THURSDAY, MARCH 11, 2010 1107 (b) The board of trustees shall have the right and obligation to use the security deposit of any participant, its excess insurance carrier coverage, and of any other guarantor guarantee to pay the participant's workers' compensation obligation assumed by the board of trustees, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its the participant's compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, or captive or excess insurance carrier, and from any other guarantor guarantee to satisfy such obligations. The fund is authorized to file a claim against a bankrupt participant or the praticipant's agents and seek reimbursement for any payments made by the fund on behalf of the participant pursuant to this chapter. The fund is subrogated to the claim of any employee whose benefits are paid by the fund. Further, the fund shall have a lien against any reimbursement payments the participant is entitled to from the Subsequent Injury Trust Fund in an amount equal to the payments made by the fund to satisfy the participant's liability for workers' compensation benefits. 34-9-388. (a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency. (b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audit performed in accordance with generally accepted auditing accounting standards by an independent certified public accounting firm, three to five years of loss history, name of the person or company to administer claims, and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information. (c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents. (d) The board of trustees shall have the authority to review all applications for selfinsurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the 1108 JOURNAL OF THE HOUSE recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance. 34-9-389. The State of Georgia shall not be responsible for any debts incurred as a result of the operation or administration of this fund." 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 Bell E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox E Crawford Y Davis E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E 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 E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E 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 E Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 E Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout 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 Ralston, Speaker THURSDAY, MARCH 11, 2010 1109 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 1050. By Representatives Benton of the 31st and Smith of the 113th: A BILL to be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to add regulations for the establishment and maintenance of a real estate appraisal management company; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended in Code Section 43-39A-1, relating to the short title, by revising said Code section as follows: "43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act.'" SECTION 2. Said chapter is further amended in Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by revising said Code section as follows: "43-39A-2. As used in this chapter, the term: (1) 'Analysis' means a study of real estate or real property other than one estimating value. (2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion prepared by an appraiser relating to the nature, quality, value, or utility of specified 1110 JOURNAL OF THE HOUSE interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. (3)(A) 'Appraisal management company' means a person, limited liability company, partnership, association, or corporation which for compensation: (i) Functions as a third-party intermediary between an appraiser and a user of real estate appraisal services; (ii) Administers a network of appraisers performing real estate appraisal services as independent contractors; (iii) Enters into an agreement to provide real estate appraisal services with a user of such services and one or more appraisers performing such services as independent contractors; or (iv) Otherwise serves as a third-party broker of appraisal services. (B) 'Appraisal management company' does not include: (i) An appraisal firm: (ii) Any person licensed to practice law in this state who orders an appraisal in connection with a bona fide client relationship when that person directly contracts with an independent appraiser; (iii) Any person or entity that contracts with an independent appraiser acting as an independent contractor for the completion of appraisal assignments that the person or entity cannot complete for any reason, including, without limitation, competency, workload, scheduling, or geographic location; and (iv) Any person that contracts with an independent appraiser acting as an independent contractor for the completion of a real estate appraisal assignment and who, upon the completion of such an assignment, cosigns the appraisal report with the independent appraiser acting as an independent contractor. (4) 'Appraisal management services' means services performed by an appraisal management company and may include, but are not limited to, such activities as recruiting appraisers, contracting with appraisers to perform real estate appraisal activity, negotiating fees for appraisals, receiving appraisal orders and appraisal reports, and submitting appraisal reports received from appraisers to clients. (3)(5) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral appraisal report. (4)(6) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended. (5)(7) 'Appraiser' means any person who, for a valuable consideration or with the intent or expectation of receiving the same from another, engages in real estate appraisal activity on any type of real estate or real property. (6)(8) 'Appraiser classification' means any category of appraiser which the board creates by designating criteria for qualification for such category and by designating THURSDAY, MARCH 11, 2010 1111 the scope of practice permitted for such category, including the registration of real estate appraisal management companies. (9) 'Appraiser panel' means a group of independent appraisers selected to perform an appraisal valuation or analysis for an appraisal management company. (7)(10) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. (8)(11) 'Certified appraisal' or 'certified appraisal report' means an appraisal or appraisal report given, signed, and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (12) 'Client' means any person or business who enters into an agreement with an appraiser or an appraisal management company for the performance of real estate appraisal activity. (9)(13) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. (10)(14) 'Commissioner' means the real estate commissioner. (11)(15) 'Evaluation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (12)(16) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (13)(17) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of identified real estate or identified real property. (18) 'Manager' or 'managing principal' means any person who holds a certified appraiser classification and is employed, appointed, or authorized by an appraisal management company to contract with clients or independent appraisers for the performance of an appraisal valuation or analysis. (19) 'Owner' means any person who owns 5 percent or more of an appraisal management company. (20) 'Person' means an individual, partnership, limited liability company, limited partnership, corporation, association, or any other legal or commercial entity. (14)(21) 'Real estate' means condominiums and leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere. Such term also includes any structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units when such a structure is affixed to land. (15)(22) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. 1112 JOURNAL OF THE HOUSE (16)(23) 'Real estate related financial transaction' means any transaction involving: (A) The sale, lease, purchase, or exchange of or investment in real estate or real property or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, including mortgage backed securities. (17)(24) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (25) 'Registered agent' means the person or corporation on whom service of process is to be made in a proceeding against an appraisal management company. (18)(26) 'Specialized services' means services, other than independent appraisal assignments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, and real estate tax counseling. (19)(27) 'State' means any state, district, territory, possession, or province of the United States or Canada and any sovereign nation or any political subdivision of such sovereign nation. (20)(28) 'Valuation' means an estimate of the value of real estate or real property. (21)(29) 'Valuation assignment' means an engagement for which an appraiser is employed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time." SECTION 3. Said chapter is further amended in Code Section 43-39A-6, relating to records maintained by the Georgia Real Estate Appraisers Board, by revising subsection (b) as follows: "(b) The board shall maintain records so that it may certify the history of appraisers appraiser classifications issued under this chapter for a period of up to five years preceding the date of certification. The board may certify the classification history of an appraiser or appraisal management company based on electronic data that it maintains. When that electronic data is derived from a paper record, upon converting the information on the paper record to electronic form and after verification of the electronic record, the board may: (1) Properly destroy the paper record; or (2) Retain the paper record for a period of time determined by the board." SECTION 4. Said chapter is further amended in Code Section 43-39A-7, relating to application for real estate appraiser classification, by revising said Code section as follows: "43-39A-7. (a) Any person desiring to act as a real estate appraiser must file an application for an appraiser classification with the board. All original and subsequent applications filed THURSDAY, MARCH 11, 2010 1113 with the board shall be in such form and detail as the board shall prescribe, setting forth the following: (1) The name and address of the applicant and the name under which the applicant intends to conduct business; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the board shall require. (b) Any person desiring to act as a real estate appraisal management company must file an application for registration with the board. All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe, setting forth the following: (1) The name, address, and telephone number of the applicant and the name under which the applicant intends to conduct business; (2) If the applicant is a domestic or foreign corporation, the name and address of the corporation's registered agent as required under Code Section 14-2-501 or 14-2-1507, respectively. Written notice of any change in the identity or address of the registered agent shall be filed with the board at the same time such notice of any such change is filed with the Secretary of State pursuant to Code Section 14-2-502 or 14-2-1508, respectively; (3) If the applicant is a foreign corporation, a copy of the corporation's certificate of authority from the Secretary of State as required under Code Section 14-2-1501. A copy of any amended certificate of authority obtained from the Secretary of State must be filed with the board within 30 days of receipt thereof; (4) The name and address of any owner, along with a certification from each owner who holds an appraiser license that his or her license has never been refused, denied, canceled, or revoked by the State of Georgia or any other state; (5) The name and address of a manager or managing principal; and (6) A certification from the manager or managing principal that the appraisal management company: (A) Has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a valid state license or certification; (B) Has a system in place to review on a periodic basis the work of independent appraisers who are performing real estate appraisal activity for the company to ensure that the real estate appraisal activities being conducted are in accordance with the minimum standards under this chapter and are in compliance with the rules and regulations promulgated by the board; and (C) Will maintain a detailed record of requests for real estate appraisal activities and the independent appraiser assigned to perform the appraisal. (b) (c) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and classified appraisers and appraisal management companies as part of an application filed with the board, shall be 1114 JOURNAL OF THE HOUSE confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: an appraiser's name, classification number and status, business name, business address, business telephone number, type of classification held, and term of classification; the fact that an appraiser has or has not received a disciplinary sanction; and such other information pertaining to the classification of an appraiser or approval of a school, course, or instructor as the board may determine by rule." SECTION 5. Said chapter is further amended in Code Section 43-39A-11, relating to fees associated with real estate appraisers classification, by adding a new subsection to read as follows: "(n) The board may through the establishment of rules or regulations require that an applicant for registration as a real estate appraisal management company provide proof of financial responsibility in the form of a surety bond, cash or property bond, or trust or escrow account to secure faithful performance of the standards required of an appraisal management company under this chapter." SECTION 6. Said chapter is further amended in Code Section 43-39A-13, relating to the powers of the Georgia Real Estate Appraisers Board, by revising said Code section as follows: "43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of appraiser classifications and registrations, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for appraiser classifications and registrations consistent with this chapter, to regulate approved courses, and to establish standards for real estate appraisals, and to establish standards for the operation of real estate appraisal management companies. Except for conducting an investigation as provided in this chapter, the board is authorized to enter into such contracts as are necessary to carry out its duties under this chapter; provided, however, the board may enter into contracts to assist it in the conduct of investigations authorized by this chapter only whenever it needs special legal or appraisal expertise or other extraordinary circumstances exist. Whenever the board contracts to perform such investigative functions, any such contractor working on an investigation authorized by this chapter shall be under the supervision of the board or a duly authorized representative of the board. Any contractor used by the board shall be knowledgeable in the work area for which such contractor is retained. A contractor shall not be empowered to determine the disposition of any investigation nor to make any discretionary decision that the board is authorized by law to make. Notwithstanding any other provision of law, the board is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the board to retain any funds THURSDAY, MARCH 11, 2010 1115 required by the Constitution to be paid into the state treasury; provided, further, that the board 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 funds." SECTION 7. Said chapter is further amended by adding a new Code section to read as follows: "43-39A-14.1. (a) An appraisal management company shall maintain a registered agent and provide the board with such registered agent's identity and address and any change thereto. (b) An appraisal management company shall permit only licensed or certified appraisers to conduct real estate appraisal activities. (c) An appraisal management company shall designate a manager or managing principal who shall hold a certified appraiser classification. The manager or managing principal of an appraisal management company must: (1) Certify that the appraisal management company has a system in place for verifying that an independent appraiser or member of an appraiser panel is licensed under this chapter; (2) Certify that the appraisal management company has a system in place to ensure that all real estate appraisal activity performed by independent appraisers on behalf of the appraisal management company is in compliance with this chapter and all rules and regulations promulgated by the board; (3) Maintain records of all requests for real estate appraisal activities; (4) Maintain records of all independent appraisers assigned to perform real estate appraisal activity on behalf of the appraisal management company; and (5) Maintain records of the amount of fees collected from a client and the amount paid to the appraiser for the performed appraisal activities. (d) Records required to be maintained by a manager or managing principal shall be kept for a period of time to be specified by the board through regulation. The board shall be authorized to inspect such records as frequently as deemed necessary. (e) An employee, director, officer, agent, manager, or managing principal of an appraisal management company or any other third party acting as a joint venture partner with or independent contractor for an appraisal management company shall not engage in any of the following unfair trade practices: (1) Improperly influence the development, reporting, result, or review of a real estate appraisal; (2) Coerce an appraiser to provide the appraisal management company with the appraiser's seal or digital signature; (3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser; (4) Remove an independent appraiser from an appraiser panel without written notice to the appraiser; 1116 JOURNAL OF THE HOUSE (5) Inform an appraiser of the anticipated, expected, or desired amount to be loaned to a client or for a valuation of a property, unless such information is contained in the sales contract for a purchase transaction; (6) Take any action that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality in conducting real estate appraisal activities; or (7) Pay a fee or other form of valuable consideration in exchange for contracts for real estate appraisal activities. (f) Whenever the board initiates an investigation as provided for in Code Section 4339A-22 and the evidence gathered in the investigation reveals an apparent violation by the appraisal management company of this chapter or of the rules and regulations promulgated by the board or of any unfair trade practices, including, but not limited to, those listed in this Code section, the board shall file notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the board finds an appraisal management company has violated a provision of this chapter or the rules and regulations promulgated by the board pursuant to this chapter after such hearing has taken place, the board shall have the power to take any one or more of the following actions: (1) Refuse to grant or renew registration to an appraisal management company; (2) Suspend or revoke the registration of an appraisal management company; (3) Impose a fine not to exceed $1,000.00 for each violation of this chapter or the rules and regulations promulgated by the board, with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as parties agree; or (4) Take other appropriate disciplinary action as established by the rules and regulations of the board." SECTION 8. Said chapter is further amended in Code Section 43-39A-21, relating to hearings for sanctions of appraisers, by revising subsections (a) and (b) as follows: "(a) Before the board shall impose on any appraiser or appraisal management company any sanction permitted by this chapter, it shall provide an opportunity for a hearing for such appraiser or appraisal management company in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Unless otherwise agreed to by the board, all such hearings shall be held in the county of domicile of the board. (b) If any appraiser, appraisal management company, or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser, appraisal management company, or applicant and take action as if such appraiser, appraisal management company, or applicant had been present. A notice of hearing, initial or proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser, appraisal management company, or applicant by personal service or by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser, THURSDAY, MARCH 11, 2010 1117 appraisal management company, or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser, appraisal management company, or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser, appraisal management company, or applicant." SECTION 9. Said chapter is further amended in code section 43-39A-22, relating to investigations of appraisers, by revising subsections (a), (d), and (e) as follows: "(a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, appraisal management company, or school approved by the board; provided, however, that, whenever a request for investigation involves an appraisal report which varies from a sales, lease, or exchange price by 20 percent or less, or, if the appraiser or appraisal management company is acting as a tax consultant, which varies from the tax assessor's value by 20 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within five years of the initiation of the investigation." "(d) The results of all investigations shall be reported only to the board or to the commissioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of a majority of the quorum of the board, review by the appraiser, or applicant, or manager or managing principal of an appraisal management company who is the subject of the notice of hearing after its service, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction; provided, however, if an investigation authorized by this chapter results in the board's filing a notice of hearing or entering into settlement discussions with a member of the board, the commissioner shall immediately notify the Governor or the Governor's legal counsel of such action by the board. After service of a notice of hearing, the appraiser, or applicant, or manager or managing principal of an appraisal management company who is the subject of the notice of hearing shall have a right to obtain a copy of the investigative record pertaining to the hearing. (e) Whenever the board revokes or suspends for more than 60 days an appraiser classification or a school approval or whenever an appraiser, appraisal management company, or an approved school surrenders an appraiser classification or an approval to the board after the board has filed a notice of hearing, the board shall publish the name 1118 JOURNAL OF THE HOUSE of such appraiser, appraisal management company, or approved school in its official newsletter." SECTION 10. This Act shall become effective 60 days after the date this Act is approved by the Governor or becomes 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 Y Bearden Y Beasley-Teague Y Bell E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox E Crawford N Davis E Dawkins-Haigler Day Y Dempsey Y Dickson Y Dobbs Y Dodson N 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 E 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E 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 E Mosby Y Murphy Y Neal E Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 E Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker THURSDAY, MARCH 11, 2010 1119 On the passage of the Bill, by substitute, the ayes were 155, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report: Mr. Speaker: Your Committee on Health and Human Services has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 361 HB 866 HB 994 HB 1021 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1119 Do Pass HR 1086 Do Pass HR 1449 Do Pass Respectfully submitted, /s/ Cooper of the 41st Chairman Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 927. By Representatives Jacobs of the 80th, Wilkinson of the 52nd, Sheldon of the 105th, Ramsey of the 72nd, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to expand the definition of "bullying"; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to direct the Department of Education to develop a model policy regarding bullying; 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 or other school employee; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: 1120 JOURNAL OF THE HOUSE A BILL To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to expand the definition of "bullying"; to provide for legislative findings; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to direct the Department of Education to develop a model policy regarding bullying; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the intent of the General Assembly that the model policy regarding bullying that is required to be promulgated by the Department of Education under this Act shall be utilized as a resource for the benefit of local school systems and shall not be used as a definition of the exclusive applicable standard of care in any civil or administrative action. SECTION 2. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, is amended by revising Code Section 20-2-751.4, relating to policies prohibiting bullying, as follows: "20-2-751.4. (a) As used in this Code section, the term 'bullying' means an act which occurs on school property, on school vehicles, at designated school bus stops, or at school related functions or activities, or by use of data or software that is accessed through a computer, computer system, computer network, or other electronic technology of a local school system, that is: (1) Any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; or (2) Any intentional display of force such as would give the victim reason to fear or expect immediate bodily harm; or (3) Any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate, that: (A) Causes another person substantial physical harm within the meaning of Code Section 16-5-23.1 or visible bodily harm as such term is defined in Code Section 16-5-23.1; (B) Causes substantial damage to another person's property; (C) Has the effect of substantially interfering with a student's education; (D) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (E) Has the effect of substantially disrupting the orderly operation of the school. THURSDAY, MARCH 11, 2010 1121 (b) No later than August 1, 2011: (1) Each local board of education shall adopt policies, applicable to students in grades six through 12, that prohibit a policy that prohibits bullying of a student by another student and shall require such prohibition to be included in the student code of conduct for middle and high schools in that school system.; (2) Each local Local board policies policy shall require that, upon a finding by the disciplinary hearing officer, panel, or tribunal of school officials provided for in this subpart that a student in grades six through 12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school.; provided, however, that under such rules and procedures provided by law, a school system shall be authorized to assign a student who has committed one or more offenses of bullying to a school outside the student's attendance area, and a school administrator shall be authorized to assign a student who has committed one or more offenses of bullying to another classroom, for the purpose of separating the student from his or her victim; (3) Each local board of education shall establish and publish in its local board policy a method to notify the parent, guardian, or other person who has control or charge of a student upon a finding by a school administrator that such student has committed an offense of bullying or is a victim of bullying; and (4) Each local board of education shall ensure that students and parents of students are notified of the prohibition against bullying, and the penalties for violating the prohibition, by posting such information at each middle and high school and by including such information in student and parent handbooks. (c) No later than January 1, 2011, the Department of Education shall develop a model policy regarding bullying, that may be revised from time to time, and shall post such policy on its website in order to assist local school systems. Such model policy shall include: (1) A statement prohibiting bullying; (2) A requirement that any teacher or other school employee who has reliable information that would lead a reasonable person to suspect that someone is a target of bullying shall immediately report it to the school principal; (3) A requirement that each school have a procedure for the school administration to promptly investigate in a timely manner and determine whether bullying has occurred; (4) An age-appropriate range of consequences for bullying which shall include, at minimum and without limitation, disciplinary action or counseling as appropriate under the circumstances; (5) A procedure for a teacher or other school employee, student, parent, guardian, or other person who has control or charge of a student, either anonymously or in such person's name, at such person's option, to report or otherwise provide information on bullying activity; 1122 JOURNAL OF THE HOUSE (6) A requirement that a parent, guardian, or other person who has control or charge of a student who is a target of bullying or student who bullies another shall be notified; (7) A statement prohibiting retaliation following a report of bullying; and (8) A procedure for disseminating and publishing such policy. (d) The Department of Education shall develop and post on its website a list of entities and their contact information which produce antibullying training programs and materials deemed appropriate by the department for use in local school systems. (e) Any person who reports an incident of bullying in good faith shall be immune from civil liability for any damages caused by such reporting. (f) Any school system which is not in compliance with the requirements of subsection (b) of this Code section shall be ineligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Lindsey of the 54th moved that HB 927 be recommitted to the Committee on Rules. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe Y Austin N Baker Barnard Y Battles Bearden N Beasley-Teague N Bell E Benfield Y Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter Y Casas Chambers E Crawford Y Davis E Dawkins-Haigler Y Day Dempsey N Dickson N Dobbs Dodson Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd E Franklin Y Frazier N Fullerton N Gardner E Geisinger N Glanton E Golick N Gordon E Heckstall Y Hembree N Henson E Hill, C N Hill, C.A Y Holt Y Horne N Houston N Howard Y Hudson N Hugley N Jackson N Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Lane, B Y Lane, R Manning N Marin Y Martin N Maxwell Y May N Mayo Y McCall N McKillip Y Meadows N Millar N Mills N Mitchell N Morgan Morris E Mosby N Murphy Y Neal E Nix N Oliver Y O'Neal Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Scott, A Y Scott, M N Sellier N Setzler E Shaw Y Sheldon Y Sims, B N Sims, C Sinkfield Smith, B N Smith, E N Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet N Thomas N Thompson Walker Y Weldon THURSDAY, MARCH 11, 2010 1123 Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D N Collins, T Cooper E Cox Y Graves N Greene Y Hamilton Y Hanner Y Harbin N Harden, B Y Harden, M N Hatfield N Heard N Levitas Y Lindsey N Long Y Loudermilk Lucas Lunsford Y Maddox, B E Maddox, G N Mangham N Purcell N Ramsey N Randall Y Reece N Reese Rice Y Roberts Y Rogers Y Rynders N Wilkinson Willard E Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates Ralston, Speaker On the motion, the ayes were 67, nays 74. The motion was lost. Representative Jacobs of the 80th moved that HB 927 be placed upon the table. The motion prevailed. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 11, 2010 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 1322 Public disclosure exemption; certain graphic image photographs; provisions (Substitute)(GAff-Chambers-81st) Structured Rule None 1124 JOURNAL OF THE HOUSE Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and referred to the Committee on Rules: HB 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; 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 1013. By Representatives Holt of the 112th and England of the 108th: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to change certain provisions regarding imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson E Crawford Y Davis E Dawkins-Haigler Y Day Dempsey E Heckstall Hembree Y Henson E Hill, C Y Hill, C.A Y Manning Y Marin Y Martin Y Maxwell Y May Y Scott, A Y Scott, M Y Sellier Setzler E Shaw THURSDAY, MARCH 11, 2010 1125 Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell E Benfield Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter Y Casas Chambers Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper E Cox Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Fludd E Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Lunsford Y Maddox, B E Maddox, G Y Mangham Y Mayo Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris E Mosby Y Murphy Y Neal E Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers Y Rynders Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Walker Weldon Y Wilkinson Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Hembree of the 67th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 958. By Representatives Day of the 163rd, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th and Stephens of the 164th: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of 1126 JOURNAL OF THE HOUSE arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions for the applicability of traffic laws and enforcement by security guards who are essential to Georgia's homeland security and who are employed with the Georgia Ports Authority; to change the designation of security guard to peace officer; to require that those employees of the authority who are authorized to exercise the powers of arrest shall be certified peace officers subject to the Georgia Peace Officer Standards and Training Council; to provide for related matters; to provide 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 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, is amended by revising Code Section 52-2-10, relating to the applicability of traffic laws and enforcement by security guards employed with the Georgia Ports Authority, as follows: "52-2-10. (a)(1) The motor vehicle traffic laws for this state shall apply to all roads within the jurisdiction of the Georgia Ports Authority; provided, however, that the authority may determine and declare reasonable, safe, and lawful speed limits on all roads within its jurisdiction. (2) Those regular employees of the Georgia Ports Authority designated as security guards peace officers shall have the power to arrest for traffic offenses committed on any property under the jurisdiction of the Georgia Ports Authority. (3) Such arrest may be effected by issuance of a citation, provided the offense is committed in the presence of the arresting security guard peace officer. (4) A citation issued by a security guard peace officer shall enumerate the specific charges against the offender and the date on which the offender is to appear and answer the charges. (5) If the offender fails to appear as specified in the citation, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of such person and commanding that he or she be brought before the court to answer the charges contained in the citation and the charge of his or her failure to appear as THURSDAY, MARCH 11, 2010 1127 required. The person shall be allowed to make a reasonable bond to appear on a given date before the court. (6) Peace officers Security guards shall be subject to Chapter 13 of Title 40, relating to uniform traffic citation and complaint forms. (b) Peace officers Security guards of the Georgia Ports Authority may arrest for violations of dock related city ordinances where applicable. (c) All powers of arrest granted in this Code section shall exist only on property under the jurisdiction of the Georgia Ports Authority or while in hot pursuit of one whom the security guard peace officer observed commit an offense within the jurisdiction of the authority as provided in subsections (a) and (b) of this Code section. (d) All offenders apprehended for offenses committed within the jurisdiction of the Georgia Ports Authority shall be tried by the appropriate city, county, or state tribunal. (e) All peace officers Regular employees of the Georgia Ports Authority designated as security guards shall not be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' nor shall said guards be subject to Chapter 38 of Title 43, the 'Georgia Private Detective and Security Agencies Act.' (f) While in the performance of their duties, those regular employees peace officers of the Georgia Ports Authority designated as investigators or Georgia certified peace officers shall have the same powers of arrest and the same powers to enforce law and order as the sheriff of the county and the chief of police of the county or municipality in this state wherein any such investigator or Georgia certified peace officer is performing his or her duty. While in the performance of their duties, any such investigators or Georgia certified peace officers shall be authorized to exercise such powers and duties as are authorized by law for members of the Uniform Division of the Department of Public Safety. Such investigators or Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. (g) While in the performance of their duties, those regular employees peace officers of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to issue citations to vehicles parked in areas not specifically designated for the parking of vehicles while on the properties of the Georgia Ports Authority's terminals. The issuance of any such parking citation shall require the person who parked said vehicle to respond by the payment of a fine in the amount of $25.00 or by appearing in the court which handles misdemeanor traffic offenses for the county in which the terminal is located, in which event the amount of the fine shall be fixed at the discretion of the judge of said court, but in no event shall the fine exceed $25.00. In addition to the right to issue parking citations, those regular employees peace officers of the Georgia Ports Authority designated as investigators or certified peace officers of the State of Georgia shall have the right to remove improperly parked cars or vehicles in accordance with the provisions of Code Section 44-1-13." 1128 JOURNAL OF THE HOUSE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided that this Act shall not apply to persons hired by the Georgia Ports Authority for security purposes on March 18, 1991, or August 8, 1997. The provisions of Code Section 52-2-10 of the Official Code of Georgia Annotated in effect at the time that this Act is adopted shall continue to apply to such persons. 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 Bell E Benfield Benton Y Black Y Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper E Cox E Crawford Y Davis E Dawkins-Haigler Y Day Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd E Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Mills Y Mitchell Y Morgan Morris E Mosby Y Murphy Y Neal E Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts E Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Setzler E Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Walker Y Weldon Y Wilkinson Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker THURSDAY, MARCH 11, 2010 1129 On the passage of the Bill, by substitute, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 1079. By Representatives Dickson of the 6th, Coleman of the 97th, Maxwell of the 17th and Austin of the 10th: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to authorize additional methods to pay certification fees to the Professional Standards Commission; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and ruled out of order: Representative Lindsey of the 54th moves to amend HB 1079 as follows: On line 10, after "credit card," delete "or" On line 10, after "debit card" add "or such other method permitted by the Professional Standards Commission". The report of the Committee, which was favorable to the 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 Bell E Benfield E Crawford Y Davis E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England 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 E 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 Scott, A Y Scott, M Y Sellier Y Setzler E Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R 1130 JOURNAL OF THE HOUSE Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Epps, C Y Epps, J Y Everson Y Floyd Fludd E Franklin Y Frazier Y Fullerton Y Gardner E 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 Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 E Maddox, G Y Mangham E Mosby Y Murphy Y Neal E Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers Y Rynders Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Economic Development & Tourism and referred to the Committee on Regulated Industries: HB 1313. By Representatives Stephens of the 164th, Benfield of the 85th, Parrish of the 156th, Dollar of the 45th, 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 manufacture, distribution, and sale, so as to provide for definitions; to provide for craft brewers; to provide for limited exceptions to the three-tier system for craft brewers; to provide for tastings; 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 Ways & Means and referred to the Special Committee on Small Business Development and Job Creation: HB 1249. By Representatives Lunsford of the 110th, Stephens of the 164th and Graves of the 12th: THURSDAY, MARCH 11, 2010 1131 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 from local ad valorem taxes assessed on certain tangible real property for certain businesses providing new jobs; to provide for qualifications for such businesses; to provide for procedures for the approval for such exemptions; 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 1653. By Representatives Epps of the 128th and Smith of the 129th: A RESOLUTION recognizing and commending Mr. Jeremy Williams and inviting the Williams Family to be recognized by the House of Representatives; and for other purposes. HR 1654. By Representatives Dempsey of the 13th, Reece of the 11th, Crawford of the 16th and Loudermilk of the 14th: A RESOLUTION recognizing Chief Hubert L. "Frog" Smith and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1655. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Captain Tim Peebles and inviting his family to be recognized by the House of Representatives; and for other purposes. HR 1656. By Representative Anderson of the 117th: A RESOLUTION recognizing and commending Mr. Larry Campbell and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1657. By Representative Taylor of the 55th: A RESOLUTION honoring the life and memory of Mr. Joseph Daniel "Jody" Brooks and recognizing the asthma research fundraiser held in his memory; and for other purposes. 1132 JOURNAL OF THE HOUSE HR 1658. By Representative Drenner of the 86th: A RESOLUTION honoring the life and memory of Mr. Billy L. Bevino; and for other purposes. HR 1659. By Representatives Dodson of the 75th, Glanton of the 76th, Baker of the 78th and Jordan of the 77th: A RESOLUTION recognizing and commending QT Kitchens and the QuikTrip Corporation; and for other purposes. HR 1660. By Representatives Stephens of the 161st, Gordon of the 162nd, Williams of the 165th, Bryant of the 160th, Stephens of the 164th and others: A RESOLUTION recognizing and commending the Technology Student Association and Robotics Teams of Sol C. Johnson High School; and for other purposes. HR 1661. By Representative Marin of the 96th: A RESOLUTION recognizing and commending Camilo Benitez; and for other purposes. HR 1662. By Representatives Marin of the 96th, Casas of the 103rd, Stephens of the 164th, Porter of the 143rd, Jones of the 46th and others: A RESOLUTION recognizing the 2012 United States Hispanic Chamber of Commerce Annual National Convention and Business Expo and recommending that Atlanta serve as the host city for this prestigious national event; and for other purposes. HR 1663. By Representative Baker of the 78th: A RESOLUTION recognizing and commending Dr. Tulasi R. Vanapalli; and for other purposes. HR 1664. By Representative Baker of the 78th: A RESOLUTION Recognizing and commending the sacrifice and service of Deputy Yolanda Shumaker; and for other purposes. HR 1665. By Representative Baker of the 78th: A RESOLUTION recognizing and commending Police Sergeant Robert Joel Babb on the occasion of his retirement; and for other purposes. THURSDAY, MARCH 11, 2010 1133 HR 1666. By Representative Harden of the 147th: A RESOLUTION recognizing and commending the 2010 Georgia Cotton Queens; and for other purposes. HR 1667. By Representative Harden of the 147th: A RESOLUTION recognizing and commending Miss University of Georgia 2010 Laura Lyn McLeod; and for other purposes. HR 1668. By Representative Harden of the 147th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Ruby Watson Davis; and for other purposes. HR 1669. By Representative Harden of the 147th: A RESOLUTION recognizing and commending the YMCA of Georgia's Youth Assembly; and for other purposes. HR 1670. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Abbott Swift Hayes; and for other purposes. HR 1671. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. William F. "Bill" Dill; and for other purposes. HR 1672. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. J. Woodfin "J.W." Bennett; and for other purposes. HR 1673. By Representative Mayo of the 91st: A RESOLUTION recognizing and commending Sylvester and Patricia Barnett on the occasion of their 50th wedding anniversary; and for other purposes. 1134 JOURNAL OF THE HOUSE HR 1674. By Representative McCall of the 30th: A RESOLUTION recognizing and commending R.L. and Helen Erwin on the occasion of their 70th wedding anniversary; and for other purposes. HR 1675. By Representative Floyd of the 99th: A RESOLUTION commending Barbara and Richard Gay; and for other purposes. HR 1676. 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 honoring the life and memory of Mr. Harold Eugene Bryant; and for other purposes. HR 1677. By Representative McCall of the 30th: A RESOLUTION recognizing and commending William and Vera Walls on the occasion of their 75th wedding anniversary; and for other purposes. HR 1678. By Representatives McKillip of the 115th, Hudson of the 124th, Heard of the 114th and Smith of the 113th: A RESOLUTION honoring and celebrating the 112th birthday of Dr. Leila Denmark; and for other purposes. HR 1679. 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 March 18, 2010, as Columbus Day at the state capitol; and for other purposes. HR 1680. By Representatives Byrd of the 20th, Jerguson of the 22nd, Neal of the 1st, Mangham of the 94th, Everson of the 106th and others: A RESOLUTION commending Reverend Dr. Johnny M. Hunt; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 16, 2010, 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 16, 2010. TUESDAY, MARCH 16, 2010 1135 Representative Hall, Atlanta, Georgia Tuesday, March 16, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. By unanimous consent, the call of the roll was dispensed with. The following Resolution of the House was read and adopted: HR 1682. By Representative Ralston of the 7th A RESOLUTION Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the honorable Chief Justice of the Supreme Court is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, March 16, 2010, in the hall of the House of Representatives. BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from the Chief Justice. BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from the Chief Justice. BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals. Prayer was offered by Reverend Benjamin Ridley, Presiding Elder, African Methodist Episcopal Church, Macon, Georgia. The members pledged allegiance to the flag. The following communication was received: 1136 JOURNAL OF THE HOUSE House of Representatives Coverdell Legislative Office Building, Room 409 C Atlanta, Georgia 30334 Mr. Robbie Rivers Clerk of the House I apologize that I was not able to be present to vote on the Levitas food safety bill, House Bill 883, on Tuesday. I am writing to inform you that my intent was to vote in favor of this bill. Thank you very much for your understanding. Sincerely, Rep. Pat Dooley District 38 409-C CLOB 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: TUESDAY, MARCH 16, 2010 1137 HB 1365. By Representatives Lane of the 167th, Smith of the 70th and Hill of the 180th: A BILL to be entitled an Act to amend Code Section 12-1-2 of the Official Code of Georgia Annotated, relating to references to administrative law judge or hearing officer, references to final decision of Board of Natural Resources, and filing request for administrative review, so as to provide for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1366. By Representatives Powell of the 29th, Kidd of the 141st, Hudson of the 124th, Sims of the 169th and Cheokas of the 134th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that an incumbent may qualify for reelection as an independent candidate or as the candidate of a political body without filing a nomination petition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1367. By Representatives Kidd of the 141st and Powell of the 29th: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections generally, so as to provide that independent candidates shall have an additional qualifying period; to change the time for filing of nomination petitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1368. By Representatives Smith of the 70th, Barnard of the 166th and Hill of the 180th: 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 specify the level of professional registration required for reviews and certain kinds of applications relating to permits issued by the Environmental Protection Division; to provide that no water withdrawal, water diversion, or 1138 JOURNAL OF THE HOUSE water impoundment permit or other permit issued by the director shall be deemed invalid on grounds that any employee reviewing the application was or was not registered or licensed by a professional licensing board; to provide that certain applications for air emission permits must be certified by a professional engineer registered to practice in Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1370. By Representatives Smith of the 70th, Lane of the 167th and Hill of the 180th: A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to revise provisions relating to the grant or denial of certain permits relating to environmental protection; to provide for deference by administrative law judges on technical issues within the specialized knowledge of the agency decision-maker when reviewing permits; to specify the level of professional registration required for reviews and certain kinds of applications relating to permits issued by the Environmental Protection Division; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1371. By Representatives Kidd of the 141st, Wilkinson of the 52nd and Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 43-35-3 of the Official Code of Georgia Annotated, relating to definitions regarding podiatry practice, so as to provide that podiatry medicine includes the diagnosis and treatment of certain cosmetic conditions regarding the human foot and leg; to provide a definition; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1372. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: 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 relative to state sales and use tax, so as to provide that all sales tax TUESDAY, MARCH 16, 2010 1139 point of sale data compiled by the Department of Revenue shall be made available to counties and municipalities; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HB 1373. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: 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 increase penalties, require a surety bond, and provide for damages; 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 1374. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of the driver of a vehicle meeting or overtaking a school bus and reporting of violations, so as to define certain terms; to provide that such Code section may be enforced by means of video images; to provide a civil penalty; to provide for notice and procedures; to provide for a rebuttable presumption; to provide for the payment for equipment; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1375. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences, so as to provide that the posting of a video of a public meeting on an official website 1140 JOURNAL OF THE HOUSE shall satisfy the requirement of posting a summary of actions and a copy of minutes; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1376. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd 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 establish "Irish Heritage and History Month"; to provide for legislative findings; to encourage observances and celebrations of "Irish Heritage and History Month"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1377. By Representative Loudermilk of the 14th: A BILL to be entitled an Act to amend Code Section 43-41-2 of the Official Code of Georgia Annotated, relating to definitions relative to residential and general contractors, so as to change the definition of the term "residential contractor" by raising the dollar amount cap of the activity or work to be performed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1378. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1379. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to TUESDAY, MARCH 16, 2010 1141 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 1388. By Representatives Bearden of the 68th, Lunsford of the 110th, Willard of the 49th, Porter of the 143rd, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Committee on Small Business Development and Job Creation. HB 1389. By Representatives Harden of the 28th, Pruett of the 144th, Morris of the 155th, Austin of the 10th, Williams of the 178th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions relating to public assistance, so as to require random drug testing for recipients of certain public assistance; to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment compensation benefits, so as to require random drug testing for recipients of unemployment compensation benefits; 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 Industrial Relations. HB 1390. By Representatives Floyd of the 99th, Thomas of the 100th and Marin of the 96th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to reconstitute the board of commissioners; to provide for two additional districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for election and terms of office of subsequent members; to change quorum provisions; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as 1142 JOURNAL OF THE HOUSE amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1391. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: 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 May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1392. By Representative Franklin of the 43rd: A BILL to be entitled an Act to repeal provisions of law enacted by the "Georgia Nuclear Energy Financing Act" approved March 21, 2009 (Ga. L. 2009, p. 39); to state legislative findings; 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 eliminate provisions for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; 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 1393. By Representatives Abdul-Salaam of the 74th and Jordan of the 77th: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; 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. TUESDAY, MARCH 16, 2010 1143 HR 1648. 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 urging the commissioner of public safety and the commissioner of transportation to act jointly to remove the current restriction and increase the maximum speed limit on Interstate 185 in ColumbusMuscogee County from the current 55 miles per hour to 65 miles per hour where standard road designs allow such increased speed; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HR 1649. By Representatives Keown of the 173rd, Cox of the 102nd, Graves of the 12th, Reese of the 98th, Parsons of the 42nd and others: A RESOLUTION urging the Congressional Delegation of the State of Georgia to support federal legislation to prevent the United States Environmental Protection Agency from adopting regulations to regulate carbon emissions; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1650. By Representatives Keown of the 173rd, Cox of the 102nd, Graves of the 12th, Reese of the 98th, Parsons of the 42nd and others: A RESOLUTION urging the Governor and Attorney General of Georgia to initiate action to sue the federal Environmental Protection Agency to prevent the agency from regulating carbon emissions; and for other purposes. Referred to the Committee on Natural Resources & Environment. HR 1681. By Representatives Rogers of the 26th, McCall of the 30th, Harbin of the 118th, Loudermilk of the 14th, Butler of the 18th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from sales and use and motor fuel taxes with respect to jet fuel and aviation gasoline shall be allocated for activities incident to providing and maintaining an adequate system of public-use airports in this state; to authorize the General Assembly to specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Appropriations. 1144 JOURNAL OF THE HOUSE By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees: HB 1397. By Representatives Porter of the 143rd, Smyre of the 132nd, Ashe of the 56th, Hugley of the 133rd, Randall of the 138th 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 enact the "Salary Protection Act"; to provide for legislative intent; to provide that state funding for salaries for school system personnel shall not be diverted to other uses; to provide that salaries shall not be subject to proration and that school system personnel shall not be subject to furloughs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1404. By Representatives Battles of the 15th 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 definition for a taxicab and a limousine; to change certain provisions relating to registration and titling of motor vehicles; to provide for administration of the system of mandatory insurance for motor vehicles; to provide for the registration and licensing of taxicabs and limousines; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1405. By Representatives O`Neal of the 146th, Ralston of the 7th, Keen of the 179th, Jones of the 46th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. TUESDAY, MARCH 16, 2010 1145 HB 1406. By Representatives Murphy of the 120th, Barnard of the 166th, Thomas of the 100th, Williams of the 165th and Howard of the 121st: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to specific educational programs, so as to provide a short title; to provide definitions; to require a recruiter of student-athletes residing in Georgia to provide studentathletes with certain information relating to the institution's athletic program within one week of initiating personal contact with the student-athlete; to require any scholarship offer to be made in writing within one week of a verbal offer and prior to a student-athlete signing an athletic scholarship agreement with an institution of postsecondary education; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1407. By Representatives Rogers of the 26th, Channell of the 116th and Cooper of the 41st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1408. By Representative Meadows of the 5th: A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for collection of certain data with respect to distribution of sales tax proceeds; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 1146 JOURNAL OF THE HOUSE HB 1409. By Representatives Mills of the 25th, Ehrhart of the 36th, Houston of the 170th and Lunsford of the 110th: A BILL to be entitled an Act to amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the Department of Community Health and administration of the state plan for medical assistance, so as to provide for a short title; to provide that any formula used to determine the amount of the state portion of Medicaid reimbursement to nonprofit hospitals shall take into account the amount the nonprofit hospital has on deposit in state banks; 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 1410. By Representatives Weldon of the 3rd, Powell of the 171st, McKillip of the 115th, Lindsey of the 54th, Willard of the 49th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations of actions, so as to change provisions relating to the tolling of limitations for tort actions while certain criminal prosecutions are pending; 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. Referred to the Committee on Judiciary Non-Civil. HB 1411. By Representatives Mangham of the 94th, Neal of the 1st, Collins of the 95th and Loudermilk of the 14th: A BILL to be entitled an Act to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a brief period of quiet reflection, so as to clarify that the daily moment of quiet reflection in public schools shall accommodate students who wish to exercise their freedom of religion to engage in silent prayer or silent meditation; to provide for legislative findings; to provide that students may reflect on an inspirational poem or reading, pray silently, or meditate silently during the moment of quiet reflection; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: TUESDAY, MARCH 16, 2010 1147 HB 1346 HB 1347 HB 1348 HB 1349 HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364 HB 1369 HB 1380 HB 1381 HB 1382 HB 1383 HB 1384 HB 1385 HB 1386 HB 1387 HR 1590 HR 1646 HR 1647 HR 1651 HR 1652 SB 335 SB 370 SB 432 Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1170 Do Pass HR 1360 Do Pass, by Substitute HR 1361 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th 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: 1148 JOURNAL OF THE HOUSE HB 1262 HB 1326 HB 1327 HB 1330 Do Pass, by Substitute Do Pass Do Pass Do Pass HB 1331 HB 1333 HB 1337 HB 1341 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Hembree of the 67th District, Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation: SB 370 Do Pass Respectfully submitted, /s/ Hembree of the 67th Chairman The following Resolutions of the House, referred to the House Rules Subcommittee on Invites, were reported by the Committee on Rules with the following recommendations: HR 1124 HR 1125 HR 1346 HR 1383 Do Pass Do Pass Do Pass Do Pass HR 1489 HR 1491 HR 1653 HR 1654 Do Pass Do Pass Do Pass Do Pass The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR TUESDAY, MARCH 16, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below: TUESDAY, MARCH 16, 2010 1149 DEBATE CALENDAR Open Rule HB 1128 Public property; writing off small amounts due to state; provisions (HEdEhrhart-36th) Modified Open Rule HB 954 HB 979 Alimony; determining amount; not consider certain events; provide (Substitute)(Judy-Powell-171st) Assault and battery; penalties for aggravated assault on explorer; provide (Substitute)(PS&HS-Lane-167th) Modified Structured Rule HB 571 HB 788 HB 982 HB 1188 Sexual offenders; classification; change and enact provisions (Substitute)(JudyNC-Ralston-7th) Animal protection; methods of euthanasia; provisions (Substitute)(S&TKnox-24th) Revenue and taxation; administrative garnishment; comprehensive revisions (W&M-O`Neal-146th) Revenue and taxation; appoint special agents of Department of Revenue; provide (Substitute)(W&M-O`Neal-146th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 bills of the Senate: 1150 JOURNAL OF THE HOUSE SB 173. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change provisions relating to councilmembers' compensation and reimbursement of expenses; to enlarge the council's functions and authority; to change provisions relating to receipts of certain funds; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents in general, so as to provide that in general when any state law authorizes or directs a state officer or agency to publish any matter, such publication may be made in printed or electronic format; to provide a preference for electronic format; to provide for definitions; to provide for exceptions; to provide for related matters; to provide for conforming amendments to numerous specific provisions of the Official Code of Georgia Annotated relating to publication of particular matters so as to authorize print or electronic publication; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 389. By Senators Butterworth of the 50th, Rogers of the 21st, Hamrick of the 30th, Hill of the 32nd, Williams of the 19th and others: 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 TUESDAY, MARCH 16, 2010 1151 revise and change certain provisions regarding the operation, maintenance, and reporting requirements applicable to a public information website of the Department of Audits and Accounts; to repeal conflicting laws; and for other purposes. SB 391. By Senators Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 400. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Code Sections 15-11-63 and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the House: HR 1682. By Representative Ralston of the 7th: A RESOLUTION calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes. By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees: SB 173. By Senators Hamrick of the 30th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, so as to change provisions relating to councilmembers' compensation and reimbursement of expenses; to enlarge the council's functions and authority; to change provisions relating to receipts of certain 1152 JOURNAL OF THE HOUSE funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 346. By Senators Rogers of the 21st, Williams of the 19th, Thompson of the 33rd, Seabaugh of the 28th, Butterworth of the 50th 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 revise comprehensively provisions regarding ad valorem taxes; to change certain provisions regarding ad valorem tax returns of taxpayers; to require annual notice regardless of changes; to provide for uniform notice forms and uniform appeal forms; to provide for powers, duties, and responsibilities of the state revenue commissioner; to provide for powers, duties, and responsibilities of the Department of Revenue regarding training of certain local tax officials and staff; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 388. By Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th, Hawkins of the 49th, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 389. By Senators Butterworth of the 50th, Rogers of the 21st, Hamrick of the 30th, Hill of the 32nd, Williams of the 19th and others: 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 revise and change certain provisions regarding the operation, maintenance, and reporting requirements applicable to a public information website of the Department of Audits and Accounts; to repeal conflicting laws; and for other purposes. Referred to the Committee on Budget and Fiscal Affairs Oversight. TUESDAY, MARCH 16, 2010 1153 SB 391. By Senators Unterman of the 45th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, so as to revise and add definitions; to provide for certain children found incompetent to stand trial; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 400. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Code Sections 15-11-63 and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. The Speaker called the House to order. The hour of convening the Joint Session pursuant to HR 1682 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 Carol Hunstein, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Casey Cagle. The Resolution calling for the Joint Session was read. The Honorable Carol Hunstein 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 President of the Senate, Lieutenant Governor Casey Cagle announced the Joint Session dissolved. The Speaker called the House to order. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: 1154 JOURNAL OF THE HOUSE HB 1262. By Representative Epps of the 128th: A BILL to be entitled an Act to authorize the City of Hogansville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To authorize the City of Hogansville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The City of Hogansville shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Hogansville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Hogansville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Hogansville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hogansville for approval or rejection. The municipal election superintendent shall conduct that election on the date of the 2010 state-wide general primary and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Troup County. The ballot shall have written or printed thereon the words: TUESDAY, MARCH 16, 2010 1155 "( ) YES Shall the Act be approved which authorizes Hogansville to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may ( ) NO be amended from time to time?" All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Hogansville. It shall be the municipal election superintendents duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1326. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. 3850), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that school district who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; 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. 1156 JOURNAL OF THE HOUSE HB 1327. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to provide a homestead exemption from Dawson County school district ad valorem taxes for educational purposes in the amount of $120,000.00 of the assessed value of the homestead for residents of that school district who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the 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 1330. By Representatives Greene of the 149th and Hanner of the 148th: A BILL to be entitled an Act to amend an Act to create the Lower Chattahoochee Regional Airport Authority, approved May 5, 2006 (Ga. L. 2006, p. 4422), so as to remove Calhoun County from membership in such authority; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1331. By Representative Hill of the 180th: A BILL to be entitled an Act to authorize the City of Kingsland 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 1333. By Representatives Amerson of the 9th and Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing a homestead exemption from Dawson County ad valorem taxes for county purposes in the amount of $60,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose income does not exceed $50,000.00, approved May 13, 2008 (Ga. L. 2008, p. TUESDAY, MARCH 16, 2010 1157 3871), so as to increase such exemption to $65,000.00 of the assessed value of the homestead for residents of that county who are disabled or who are 65 years of age or older and whose net income, excluding certain retirement income, does not exceed $50,000.00; 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 1337. 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 creating a new charter for the City of Holly Springs, approved March 18, 1980 (Ga. L. 1980, p. 3281), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3679), so as to provide that councilmembers shall be elected from designated posts; 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 1341. By Representative Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; to 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: 1158 JOURNAL OF THE HOUSE 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd 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 E Henson Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bills, the ayes were 163, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Millar of the 79th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bills of the House: HB 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal ad valorem taxes for municipal purposes in an amount TUESDAY, MARCH 16, 2010 1159 equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Allison Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Dollar N Dooley Drenner N Dukes Y Ehrhart Y England Epps, C Epps, J Y Everson Y Floyd Fludd Y Franklin N Frazier Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Heckstall Y Hembree E Henson Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson N Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Willard N Williams, A 1160 JOURNAL OF THE HOUSE Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the motion, the ayes were 121, nays 37. The motion prevailed. By unanimous consent, the following Bills of the House, having previously been read, were again taken up for consideration: HB 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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 1320. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), so as to eliminate the automatic sunset so that such exemption continues indefinitely; 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. TUESDAY, MARCH 16, 2010 1161 By unanimous consent, the following roll call vote was made applicable to the previously read Bills. On the passage of the Bills, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Bell Y Benfield Y Benton Y Black N Brooks N Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd 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 Y Harden, M Y Hatfield Y Heard N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Martin Y Maxwell Y May N 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bills, the ayes were 144, nays 23. The Bills, having received the requisite constitutional majority, were passed. The following members were recognized during the period of Morning Orders and addressed the House: McCall of the 30th, Williams of the 165th, Hugley of the 133rd, and Nix of the 69th. 1162 JOURNAL OF THE HOUSE Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 203 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on 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 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 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 TUESDAY, MARCH 16, 2010 1163 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. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: HB 897. By Representatives Collins of the 27th, Levitas of the 82nd, Ramsey of the 72nd, Hamilton of the 23rd, Williams of the 178th 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 sexual assault against persons in custody, certain patients, and other persons subject to the authority of a supervisor or disciplinary person; to remove a consent defense to sexual assault on certain persons; to reorganize the Code section; to provide for a definition; to provide for misdemeanor punishment under certain circumstances; to provide that the offense not be merged with other offenses; provide for related matters; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means: HB 1020. By Representatives Parrish of the 156th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax for educational purposes; 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Natural Resources & Environment: 1164 JOURNAL OF THE HOUSE HB 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Governmental Affairs: HB 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means: HR 1203. By Representatives Parrish of the 156th and Rynders of the 152nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: TUESDAY, MARCH 16, 2010 1165 HR 1124. By Representative Hill of the 21st: A RESOLUTION recognizing and commending Trevor Markus Rowell and inviting Roger, Mark, and Trevor Rowell to appear before the House of Representatives; and for other purposes. HR 1125. By Representatives Hill of the 21st and Byrd of the 20th: A RESOLUTION recognizing and commending Mr. Mo Thrash and inviting him to appear before the House of Representatives; and for other purposes. HR 1346. By Representatives Smith of the 113th, Keen of the 179th, McKillip of the 115th, Black of the 174th and Jones of the 46th: A RESOLUTION recognizing and commending Coach Suzanne Yoculan and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1383. By Representatives Walker of the 107th and May of the 111th: A RESOLUTION congratulating the Loganville High School wrestling team on winning the 2009 State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1489. By Representative Ralston of the 7th: A RESOLUTION commending the Junior Leagues of Georgia and inviting members to be recognized by the House of Representatives; and for other purposes. HR 1491. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A RESOLUTION congratulating the Gatewood Lady Gators basketball team for winning the 2010 Class AAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1653. By Representatives Epps of the 128th and Smith of the 129th: A RESOLUTION recognizing and commending Mr. Jeremy Williams and inviting the Williams Family to be recognized by the House of Representatives; and for other purposes. 1166 JOURNAL OF THE HOUSE HR 1654. By Representatives Dempsey of the 13th, Reece of the 11th, Crawford of the 16th and Loudermilk of the 14th: A RESOLUTION recognizing Chief Hubert L. "Frog" Smith and inviting him to be recognized by the House of Representatives; and for other purposes. The Speaker announced the House in recess until 1:00 o'clock, this afternoon. TUESDAY, MARCH 16, 2010 1167 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 1688. By Representatives Shaw of the 176th and Ehrhart of the 36th: A RESOLUTION recognizing and commending the 2009 Southern Polytechnic State University baseball team and inviting the players and coaches to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1689. By Representative Ralston of the 7th: A RESOLUTION congratulating the Gilmer High School wrestling team on winning the Class AAA State Championship title; and for other purposes. HR 1690. By Representatives Martin of the 47th, Willard of the 49th, Burkhalter of the 50th, Lindsey of the 54th, Wilkinson of the 52nd and others: A RESOLUTION declaring Tuesday, March 23, 2010, as "Georgia Rides to the Capitol Day"; and for other purposes. HR 1691. By Representative Dobbs of the 53rd: A RESOLUTION commending Ben Laur, The Lovett School's 2010 STAR Student; and for other purposes. HR 1692. By Representative Dobbs of the 53rd: A RESOLUTION commending Isabella Hendry, Atlanta Girls' School's 2010 STAR Student; and for other purposes. HR 1693. By Representative Dobbs of the 53rd: A RESOLUTION commending Elizabeth Howell, Westminster's 2010 STAR Student; and for other purposes. 1168 JOURNAL OF THE HOUSE HR 1694. By Representative Dobbs of the 53rd: A RESOLUTION commending Jlayue Yuan, Pace Academy's 2010 STAR Student; and for other purposes. HR 1695. By Representative Dobbs of the 53rd: A RESOLUTION commending Marieh Scales, Frederick Douglass High School's 2010 STAR Student; and for other purposes. HR 1696. By Representative Dobbs of the 53rd: A RESOLUTION commending Marques Harris, Frederick Douglass High School's 2010 STAR Student; and for other purposes. HR 1697. By Representative Dobbs of the 53rd: A RESOLUTION commending Mandy Eidson, North Atlanta High School's 2010 STAR Student; and for other purposes. HR 1698. By Representative Dobbs of the 53rd: A RESOLUTION commending Sarah Alexander, Westminster's 2010 STAR Student; and for other purposes. HR 1699. By Representative Dobbs of the 53rd: A RESOLUTION commending Claire Mai Colberg, Atlanta International School's 2010 STAR Student; and for other purposes. HR 1700. By Representative Epps of the 140th: A RESOLUTION recognizing and commending the Pilot Club of Jones County; and for other purposes. HR 1701. By Representative Abdul-Salaam of the 74th: A RESOLUTION commending the Ryan Cameron Foundation; and for other purposes. HR 1702. By Representative Abdul-Salaam of the 74th: A RESOLUTION commending the Professional Sports Wives Association; and for other purposes. TUESDAY, MARCH 16, 2010 1169 HR 1703. By Representative Jones of the 44th: A RESOLUTION honoring the life and memory of Mrs. Mary Louise McAfee Sims; and for other purposes. HR 1704. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Southern Smokehouse; and for other purposes. HR 1705. By Representative Marin of the 96th: A RESOLUTION recognizing and commending Peruvian Consul General Jorge E. Roman Morey; and for other purposes. HR 1706. By Representative Marin of the 96th: A RESOLUTION recognizing and commending Bishop William L. Sheals; and for other purposes. HR 1707. By Representatives Purcell of the 159th and Burns of the 157th: A RESOLUTION recognizing and commending Pastor Ben C. Martin; and for other purposes. HR 1708. By Representatives Purcell of the 159th and Burns of the 157th: A RESOLUTION recognizing and commending the Effingham County Hussars Chapter 2285 on the occasion of its 50th anniversary; and for other purposes. HR 1709. By Representative Teilhet of the 40th: A RESOLUTION recognizing and commending Keep Georgia Safe and the Keep Georgia Safe Alert Network; and for other purposes. HR 1710. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Larry West; and for other purposes. 1170 JOURNAL OF THE HOUSE HR 1711. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. James Mathis, Sr.; 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 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 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. The following Committee substitute was read and adopted: A BILL 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 and to decisions granting or denying petitions for release from registration requirements and residency and employment restrictions; to amend Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to interference with electronic monitoring devices, so as to prohibit interference with such device when it is worn by a sexual offender; to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise TUESDAY, MARCH 16, 2010 1171 provisions relating to registration of sexual offenders; to change certain definitions; to provide for registration and reporting by sexual offenders who do not have a residence address; to revise provisions relative to classification of sexual offenders; to change provisions relating to the sheriff's obligations relative to sexual offenders; to change provisions relative to the process of classification by the Sexual Offender Registration Review Board and review and repeal of such classifications; to provide for procedure and review; to provide a mechanism for certain sexual offenders to petition the superior court to be released from registration requirements and residency and employment restrictions; 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 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, is amended in subsection (a) by adding two new paragraphs to read as follows: "(5.1) Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board; (5.2) Appeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-16;" SECTION 2. Code Section 16-7-29 of the Official Code of Georgia Annotated, relating to interference with electronic monitoring devices, is amended by revising subsection (b) as follows: "(b) It shall be unlawful for any person to knowingly and without authority remove, destroy, or circumvent the operation of an electronic monitoring device which is being used for the purpose of monitoring a person who is: (1) Complying with a home arrest program as set forth in Code Section 42-1-8; (2) Wearing an electronic monitoring device as a condition of bond or pretrial release; (3) Wearing an electronic monitoring device as a condition of probation; or (4) Wearing an electronic monitoring device as a condition of parole; or (5) Wearing an electronic monitoring device as required in Code Section 42-1-14." SECTION 3. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, is amended by revising portions of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: Paragraph (1) is revised as follows: 1172 JOURNAL OF THE HOUSE "(1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term does shall not mean a post office box, and homeless does not constitute an address." Division (9)(B)(xi) is revised as follows: "(xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor." Subparagraph (C) of paragraph (9) is revised as follows: "(C) For purposes of subparagraph (a)(9)(B) of this Code section, conduct which is punished as a conviction for a misdemeanor or shall not be considered a criminal offense against a victim who is a minor, and conduct which is prosecuted adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor." Paragraph (10) is revised as follows: "(10)(A) 'Dangerous sexual offense' with respect to convictions occurring on or before June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-521; (ii) Rape in violation of Code Section 16-6-1; (iii) Aggravated sodomy in violation of Code Section 16-6-2; (iv) Aggravated child molestation in violation of Code Section 16-6-4; or (v) Aggravated sexual battery in violation of Code Section 16-6-22.2. (B) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-2 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; TUESDAY, MARCH 16, 2010 1173 (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-65.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-622.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-23 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation prevention in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B)(C) For purposes of this paragraph, conduct which is punished as a conviction for a misdemeanor or shall not be considered a dangerous sexual offense, and conduct which is prosecuted adjudicated in juvenile court shall not be considered a dangerous sexual offense." Paragraph (16) is revised as follows: "(16) 'Required registration information' means: (A) Name; social security number; age; race; sex; date of birth; height; weight; hair color; eye color; fingerprints; and photograph; (B) Address of any permanent residence and address of any current temporary residence, within the this state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, provide the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, provide the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, provide the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (F.1) If the place of residence is the status of homelessness, information as provided under paragraph (2.1) of subsection (f) of this Code section; 1174 JOURNAL OF THE HOUSE (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number; (J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; and (K) E-mail addresses, usernames, and user passwords; and (L) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release." Paragraph (20) is revised as follows: "(20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; or (B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense; or (C) Who is required to register pursuant to subsection (e) of this Code section." Paragraph (21.1) is revised as follows: "(21.1) 'Username' means a string of characters chosen to uniquely identify an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail or instant messages or by participating in interactive online forums." Paragraph (21.2) is revised as follows: "(21.2) 'User password' means a string of characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums." SECTION 4. Said article is further amended by revising paragraphs (2) through (6) of subsection (e) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(2) Is convicted on or after July 1, 2006 1996, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a victim who is a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense or dangerous sexual offense and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense TUESDAY, MARCH 16, 2010 1175 against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 2006 1996; (6) Is a nonresident sexual offender who changes residence from another state or territory of the United States any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, regardless of when the conviction occurred or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense;" SECTION 5. Said article is further amended by revising subsection (f) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register in person with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (2.1) In the case of a sexual offender whose place of residence is the status of homelessness, in lieu of the requirements of paragraph (2) of this subsection, register in person with the sheriff of the county in which the sexual offender sleeps within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state and provide the location where he or she sleeps; (3) Maintain the required registration information with the sheriff of the each county in which the sexual offender resides or sleeps; (4) Renew the required registration information with the sheriff of the county in which the sexual offender resides or sleeps by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than residence address; if where he or she resides or sleeps if such person is homeless. If the information is the sexual offender's new residence address, the sexual offender shall give the information regarding the sexual offender's new address to the sheriff of the county with whom in which the sexual offender last registered within at least 72 hours but not more than 10 days prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after establishing the such new residence address. If the sexual offender is homeless and the information is the sexual offender's new sleeping location, within 48 hours of changing sleeping locations, the sexual offender shall give the information regarding the sexual offender's new sleeping location to the 1176 JOURNAL OF THE HOUSE sheriff of the county in which the sexual offender last registered, and if the county has changed, to the sheriff of the county to which the sexual offender has moved; (6) If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the sheriff of the county where the sexual offender resides an annual registration fee of $250.00 upon each anniversary of such registration; and (7) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, including excluding ensuing periods of incarceration." SECTION 6. Said article is further amended by revising subsection (g) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(g)(1) Any A sexual offender required to register under this Code section who meets the criteria set forth in paragraph (2) of this subsection may petition the superior court of the jurisdiction in which the sexual offender is registered to be released from the registration requirements and from the residency or employment restrictions of this Code section in accordance with the provisions of Code Section 42-1-16. The court may issue an order releasing the sexual offender from further registration if the court finds that the sexual offender does not pose a substantial risk of perpetrating any future dangerous sexual offense. (2) In order to petition the court pursuant to paragraph (1) of this subsection, the sexual offender shall: (A) Have been sentenced pursuant to subsection (c) of Code Section 17-10-6.2; and (B) Have had ten years elapse since his or her release from prison, parole, supervised release, or probation." SECTION 7. Said article is further amended by revising paragraphs (2), (3), and (4) of subsection (i) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(2) Electronically submit and update all information provided by the sexual offender within two working days 72 hours to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and post provide a list, manually or electronically, of every sexual offender residing in each county so that it may be available for inspection: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this Code section within two working days 72 hours of receipt of such information;" TUESDAY, MARCH 16, 2010 1177 SECTION 8. Said article is further amended by revising subsection (n) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff within of the county where he or she resides or sleeps within 72 hours of prior to such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than ten one nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for life not less than five nor more than 30 years." SECTION 9. Said article is further amended by revising Code Section 42-1-14, relating to risk assessment classifications, as follows: "42-1-14. (a)(1) The board shall determine the likelihood that a sexual offender will engage in another crime against a victim who is a minor or a dangerous sexual offense. The board shall make such determination for any sexual offender convicted on or after July 1, 2006, of a criminal act offense against a victim who is a minor or a dangerous sexual offense and for any sexual offender incarcerated on July 1, 2006, but convicted prior to July 1, 2006, of a criminal act offense against a victim who is a minor. Such determination shall not be required to be made by the board until January 1, 2007; provided, however, that such persons shall be subject to this Code section. Any sexual offender who changes residence from another state or territory of the United States to this state and who is not already designated under Georgia law as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. The board shall also make such determination upon the request of a superior court judge for purposes of considering a petition to be released from registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-16. (2) A sexual offender shall be placed into Level I risk assessment classification, Level II risk assessment classification, or sexually dangerous predator classification based upon the board's assessment criteria and information obtained and reviewed by the board. The sexual offender may provide the board with information, including, but not limited to, psychological evaluations, sexual history polygraph information, treatment history, and personal, social, educational, and work history, and may agree to submit to a psychosexual evaluation or sexual history polygraph conducted by the board. If the sexual offender has undergone treatment through the Department of Corrections, such treatment records shall also be submitted to the board for 1178 JOURNAL OF THE HOUSE evaluation. The prosecuting attorney shall provide the board with any information available to assist the board in rendering an opinion, including, but not limited to, criminal history and records related to previous criminal history. On and after July 1, 2006, the clerk of court shall send a copy of the sexual offender's conviction to the board and notify the board that a sexual offender's evaluation will need to be performed. The board shall render its recommendation for risk assessment classification within: (1)(A) Sixty days of receipt of a request for an evaluation if the sexual offender is being sentenced pursuant to subsection (c) of Code Section 17-10-6.2; (2)(B) Six months prior to the sexual offender's proposed release from confinement if the offender is incarcerated; and (C) Sixty days of receipt of the required registration information from the sheriff when the sexual offender changes residence from another state or territory of the United States to this state and is not already classified; (D) Sixty days if the sexual offender is sentenced to a probated or suspended sentence; and (E) Ninety days if such classification is requested by the court pursuant to a petition filed under Code Section 42-1-16. (3) Forty-five days of receipt of the required registration information if the sexual offender has entered this state from another state and registered as a sexual offender. The board shall send a copy of its notify the sex offender by first-class mail of its determination of risk assessment classification and shall send a copy of such classification to the Georgia Bureau of Investigation, the Department of Corrections, the sheriff of the county where the sexual offender is registered, and the sentencing court, if applicable. (b)(1) If the board determines that a sexual offender should be classified as a Level II risk assessment classification or as a sexually dangerous predator, the sexual offender may petition the board to reevaluate his or her classification. To file a petition for reevaluation, the sexual offender shall be required to submit his or her written petition for reevaluation to the board within 30 days from the date of the letter notifying the sexual offender of his or her classification. The sexual offender shall have 60 days from the date of the notification letter to submit information as provided in subsection (a) of this Code section in support of the sexual offender's petition for reevaluation. If the sexual offender fails to submit the petition or supporting documents within the time limits provided, the classification shall be final. The board shall notify the sexual offender by first-class mail of its decision on the petition for reevaluation of risk assessment classification and shall send a copy of such notification to the Georgia Bureau of Investigation, the Department of Corrections, the sheriff of the county where the sexual offender is registered, and the sentencing court, if applicable. If the sexual offender has been sentenced pursuant to subsection (c) of Code Section 17-10-6.2, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony TUESDAY, MARCH 16, 2010 1179 or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (2) If the sexual offender received a sentence of imprisonment and was sentenced for a dangerous sexual offense on or after July 1, 2006, or if the sexual offender is incarcerated on July 1, 2006, for a crime against a victim who is a minor, after receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may request that the sentencing court set a date to conduct a hearing affording the sexual offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the sexual offender shall be classified as a sexually dangerous predator. If the court determines the sexual offender to be a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (c) A sexual offender who is classified by the board as a Level II risk assessment classification or as a sexually dangerous predator may file a petition for judicial review of his or her classification within 30 days of the date of the notification letter or, if the sexual offender has requested reevaluation pursuant to subsection (b) of this Code section, within 30 days of the date of the letter denying the petition for reevaluation. The petition for judicial review shall name the board as defendant, and the petition shall be filed in the superior court of the county where the offices of the board are located. Within 30 days after service of the appeal on the board, the board shall submit a summary of its findings to the court and mail a copy, by first-class mail, to the sexual offender. The findings of the board shall be considered prima-facie evidence of the classification. The court shall also consider any relevant evidence submitted, and such evidence and documentation shall be mailed to the parties as well as submitted to the court. The court may hold a hearing to determine the issue of classification. The court may uphold the classification of the board, or, if the court finds by a preponderance of the evidence that the sexual offender is not placed in the appropriate classification level, the court shall place the sexual offender in the appropriate risk assessment classification. The court's determination shall be forwarded by the clerk of the court to the board, the sexual offender, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender is registered. Any sexual offender who changes residence from another state or territory of the United States to this state and who is not designated as a sexually dangerous predator, sexual predator, or a sexually violent predator shall have his or her required registration information forwarded by the sheriff of his or her county of registration to the board for the purpose of risk assessment classification. After receiving a recommendation from the board that he or she be classified as a sexually dangerous predator, the sexual offender may, within 30 days 1180 JOURNAL OF THE HOUSE after the issuance of such classification, request a hearing before an administrative law judge. Such hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the board subject to the right of judicial review in accordance with Chapter 13 of Title 50. If the final determination is that the sexual offender is classified as a sexually dangerous predator, such fact shall be communicated in writing to the appropriate official, the Georgia Bureau of Investigation, and the sheriff of the county where the sexual offender resides. (d) Any individual who was classified as a sexually violent predator prior to July 1, 2006, shall be classified as a sexually dangerous predator on and after July 1, 2006. (e) Any sexually dangerous predator shall be required to wear an electronic monitoring system that shall have, at a minimum: (1) The capacity to locate and record the location of a sexually dangerous predator by a link to a global positioning satellite system; (2) The capacity to timely report or record a sexually dangerous predator's presence near or within a crime scene or in a prohibited area or the sexually dangerous predator's departure from specific geographic locations; and (3) An alarm that is automatically activated and broadcasts the sexually dangerous predator's location if the global positioning satellite monitor is removed or tampered with by anyone other than a law enforcement official designated to maintain and remove or replace the equipment. Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Corrections if the sexually dangerous predator is on probation; to the State Board of Pardons and Paroles if the sexually dangerous predator is on parole; and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator by the court in accordance with subsection (b) of this Code section or a final decision pursuant to subsection (c) of this Code section, whichever applies to the sexual offender's situation, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator. (f) In addition to the requirements of registration for all sexual offenders, a sexually dangerous predator shall report to the sheriff of the county where such predator resides six months following his or her birth month and update or verify his or her required registration information." TUESDAY, MARCH 16, 2010 1181 SECTION 10. Said article is further amended by revising subsections (a) and (e) through (g) of Code Section 42-1-15, relating to restriction on registered offenders residing, working, or loitering within certain distance of child care facilities, churches, schools, or areas where minors congregate, photographing of minors, penalty for violations, and civil causes of action, as follows: "(a) As used in this Code section, the term: (1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (3) 'Minor' means any individual person who is under 18 years of age. (3)(4) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (5) 'Volunteer' means to engage in an activity in which one could be, and ordinarily would be, employed for compensation, and which activity involves working with, assisting, or being engaged in activities with minors; provided, however, that such term shall not include participating in activities limited to persons who are 18 years of age or older or participating in worship services or engaging in religious activities or activities at a place of worship that do not include supervising, teaching, directing, or otherwise participating with minors who are not supervised by an adult who is not an individual required to register pursuant to Code Section 42-1-12." "(e) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual required to register pursuant to Code Section 42-1-12 to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (f)(1) If an individual owns or leases real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (g) of this Code section. (2) An individual owning or leasing real property and residing on such property or being employed within 1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership, leasehold, or employment prior to July 1, 2006, and such individual successfully complies with subsection (g) of this Code section. (g)(1) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such 1182 JOURNAL OF THE HOUSE prohibition pursuant to subsection (f) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (2) For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership. (3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease agreement. Leasehold exemptions shall only be for the duration of the executed lease. (4) For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized verification of employment from the individual's employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. (5) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim." SECTION 11. Said article is further amended by adding a new Code section to read as follows: "42-1-16. (a) An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual: (1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and (A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; (B) Is totally and permanently disabled as such term is defined in Code Section 494-80; or (C) Is otherwise seriously physically incapacitated due to illness or injury; (2) Was sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2; (3) Is required to register solely because he or she was convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against such minor or an attempt to commit a sexual offense against such minor. For purposes of this paragraph, the term 'sexual offense' means any offense listed in division (a)(10)(B)(i) or (a)(10)(B)(iv) through (a)(10)(B)(xix) of Code Section 42-1-12; or TUESDAY, MARCH 16, 2010 1183 (4) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12 and meets the criteria set forth in subparagraphs (c)(1)(A) through (c)(1)(F) of Code Section 17-10-6.2. (b)(1) A petition for release pursuant to this Code section shall be filed in the superior court of the jurisdiction in which the individual was convicted; provided, however, that if the individual was not convicted in this state, such petition shall be filed in the superior court of the county where the individual resides. (2) Such petition shall be served on the district attorney and the sheriff of the county where the petition is filed. Service on the district attorney and sheriff may be had by mailing a copy of the petition with a proper certificate of service. (3) If a petition for release is denied, another petition for release shall not be filed within a period of two years from the date of the final order on a previous petition. (c)(1) An individual who meets the requirements of paragraph (1), (2), or (3) of subsection (a) of this Code section shall be considered for release from registration requirements and from residency or employment restrictions. (2) An individual who meets the requirements of paragraph (4) of subsection (a) of this Code section may be considered for release from registration requirements and from residency or employment restrictions only if: (A) Ten years have elapsed since the individual completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; or (B) The individual has been classified by the board as a Level I risk assessment classification, provided that if the board has not done a risk assessment classification for such individual, the court shall order such classification to be completed prior to considering the petition for release. (d) In considering a petition pursuant to this Code section, the court may consider: (1) Any evidence introduced by the petitioner; (2) Any evidence introduced by the district attorney or sheriff; and (3) Any other relevant evidence. (e) The court shall hold a hearing on the petition if requested by the petitioner. (f) The court may issue an order releasing the sexual offender from registration requirements or residency or employment restrictions, in whole or part, if the court finds by a preponderance of the evidence that the individual does not pose a substantial risk of perpetrating any future dangerous sexual offense. The court may release an individual from such requirements or restrictions for a specific period of time. The court shall send a copy of any order releasing a sexual offender from any requirements or restrictions to the sheriff and the district attorney of the jurisdiction where the petition is filed, to the Department of Corrections, and to the Georgia Bureau of Investigation." SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 1184 JOURNAL OF THE HOUSE SECTION 13. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Harden, M E 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. TUESDAY, MARCH 16, 2010 1185 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. House of Representatives Atlanta, Georgia 30334 This version of HB 571 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 571. /s/ Bobby Franklin Representative, District 43 HB 1128. By Representatives Ehrhart of the 36th, Walker of the 107th and Knight of the 126th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to change certain provisions relating to writing off small amounts due to the state; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to nonlapsing revenue of institutions in the University System of Georgia; to change certain provisions relating to nonlapsing revenue of institutions under the Technical College System of Georgia; to extend automatic repeals of certain provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B 1186 JOURNAL OF THE HOUSE Y Bearden Y Beasley-Teague Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Cox Y 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 Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Pruett of the 144th and Nix of the 69th stated that 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 954. By Representatives Powell of the 171st, Willard of the 49th, Coan of the 101st, Ramsey of the 72nd, Mills of the 25th and others: A BILL to be entitled an Act to amend Code Section 19-6-5 of the Official Code of Georgia Annotated, relating to factors in determining amount of alimony, so as to provide that the finder of fact shall not consider certain events when determining the amount of alimony; 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 19-6-5 of the Official Code of Georgia Annotated, relating to factors in determining amount of alimony, so as to provide that the finder of fact shall not TUESDAY, MARCH 16, 2010 1187 consider certain events when determining the amount of alimony; 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 19-6-5 of the Official Code of Georgia Annotated, relating to factors in determining amount of alimony, is amended by revising paragraph (8) of subsection (a) as follows: "(8) Such other relevant factors as the court deems equitable and proper; provided, however, that for purposes of this paragraph marriages, cohabitations, or relationships between the parties which predate their marriage shall not be considered." 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 Allison N Amerson N Anderson N Ashe Y Austin N Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner E Burkhalter Y Burns N Butler N Byrd N Carter Casas N Chambers Y Crawford Y Davis N Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes Y Ehrhart N England N Epps, C N Epps, J N Everson Y Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Geisinger N Glanton N Golick N Gordon N Heckstall Y Hembree N Henson N Hill, C N Hill, C.A Y Holt Y Horne N Houston Howard N Hudson N Hugley Y Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser E Keen Y Keown N Kidd Y Knight Y Knox Y Lane, B Y Lane, R N Manning N Marin Martin Y Maxwell Y May Y Mayo N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Neal N Nix N Oliver N O'Neal Parrish N Parsons Y Peake N Porter Y Powell, A Y Powell, J Pruett N Scott, A N Scott, M E Sellier Y Setzler N Shaw N Sheldon N Sims, B Sims, C N Sinkfield N Smith, B N Smith, E N Smith, K Smith, L N Smith, R N Smith, T N Smyre N Stephens, M Stephens, R N Stephenson N Stout N Talton N Taylor N Teilhet N Thomas N Thompson N Walker Y Weldon 1188 JOURNAL OF THE HOUSE Channell N Cheokas Coan Y Cole N Coleman Y Collins, D N Collins, T N Cooper Y Cox Y Graves N Greene Y Hamilton N Hanner N Harbin Y Harden, B E Harden, M Y Hatfield N Heard Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Purcell Y Ramsey N Randall N Reece N Reese N Rice Y Roberts Y Rogers Rynders Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix E Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 57, nays 102. The Bill, having failed to receive the requisite constitutional majority, was lost. Representatives Pruett of the 144th and Smith of the 70th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon. The Speaker Pro Tem assumed the Chair. HB 788. By Representatives Knox of the 24th and Oliver of the 83rd: 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. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, so as to prohibit the use of a gas chamber to euthanize dogs and cats; 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 11 of Title 4 of the Official Code of Georgia Annotated, relating to animal protection, is amended by revising Code Section 4-11-5.1, relating to euthanasia of dogs and cats by animal shelters or facilities operated for collection of stray, neglected, abandoned, or unwanted animals, as follows: TUESDAY, MARCH 16, 2010 1189 "4-11-5.1. (a) Except as provided in subsection (b) of this Code section, the use of sodium pentobarbital or a derivative of it shall be the exclusive method for euthanasia of dogs and cats by animal shelters or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference: (1) Intravenous injection by hypodermic needle; or (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial injection by hypodermic needle. (b) Notwithstanding subsection (a) of this Code section,: (1) A chamber using commercially bottled carbon monoxide gas which was used on July 1, 1990, for euthanasia of dogs and cats by any animal shelter or other facility may continue to be used for such purposes by such animal shelter or facility if such animal shelter or facility notifies the Commissioner of Agriculture, in writing, on or before August 1, 1990, that such a chamber was in use by such animal shelter or facility on July 1, 1990. However, a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes shall not be permitted under any circumstances; and (2) Any any substance which is clinically proven to be as humane as sodium pentobarbital and which has been officially recognized as such by the American Veterinary Medical Association may be used in lieu of sodium pentobarbital to perform euthanasia on dogs and cats, but succinylcholine chloride, curare, curariform mixtures, or any substance which acts as a neuromuscular blocking agent may not be used on a dog or cat in lieu of sodium pentobarbital for euthanasia purposes. (c) In addition to the exceptions exception provided for in subsection (b) of this Code section, in cases of extraordinary circumstance where the dog or cat poses an extreme risk or danger to the veterinarian, physician, or lay person performing euthanasia, such person shall be allowed the use of any other substance or procedure that is humane to perform euthanasia on such dangerous dog or cat. (d) Under no circumstance shall a chamber using commercially bottled carbon monoxide gas or other lethal gas or a chamber which causes a change in body oxygen by means of altering atmospheric pressure or which is connected to an internal combustion engine and uses the engine exhaust for euthanasia purposes be permitted. (d)(e) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed. (e)(f) Euthanasia shall be performed by a licensed veterinarian or physician or a lay person who is properly trained in the proper and humane use of a method of euthanasia. Such lay person shall perform euthanasia under supervision of a licensed veterinarian or physician. This shall not be construed so as to require that a veterinarian or physician be present at the time euthanasia is performed. 1190 JOURNAL OF THE HOUSE (f)(g) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person. (g)(h) The supervising veterinarian or physician shall be subject to all record-keeping requirements and inspection requirements of the State Board of Pharmacy pertaining to sodium pentobarbital and other drugs authorized under subsection (b) of this Code section and may limit the quantity of possession of sodium pentobarbital and other drugs authorized to ensure compliance with the provisions of this Code section. (h) This Code section shall not apply to any animal shelter or other facility located in a county having a population of 25,000 or less according to the most recent United States decennial census." 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 Jerguson of the 22nd moved that HB 788 be recommitted to the Committee on Rules 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 N Ashe Austin N Baker Y Barnard N Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black Y Brooks Bruce N Bryant N Buckner E Burkhalter N Burns Y Butler Y Byrd N Carter N Crawford Y Davis N Dawkins-Haigler N Day N Dempsey N Dickson Dobbs N Dodson Y Dollar N Dooley N Drenner N Dukes Ehrhart Y England E Epps, C Y Epps, J N Everson N Floyd N Fludd N Franklin N Frazier N Fullerton Gardner N Geisinger N Glanton Y Heckstall N Hembree N Henson N Hill, C N Hill, C.A Y Holt N Horne Y Houston Y Howard N Hudson N Hugley N Jackson N Jacobs E James Y Jerguson N Johnson N Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Kidd Y Knight N Knox N Manning N Marin N Martin Y Maxwell Y May N Mayo Y McCall N McKillip Meadows Y Millar N Mills N Mitchell N Morgan Morris N Mosby N Murphy N Neal N Nix N Oliver Y O'Neal Y Parrish N Parsons N Peake N Porter N Powell, A Y Scott, A N Scott, M E Sellier N Setzler Shaw N Sheldon Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K N Smith, L N Smith, R Y Smith, T N Smyre N Stephens, M N Stephens, R N Stephenson Y Stout N Talton N Taylor N Teilhet N Thomas N Thompson TUESDAY, MARCH 16, 2010 1191 Y Casas N Chambers Channell Y Cheokas N Coan N Cole N Coleman N Collins, D N Collins, T N Cooper N Cox N Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin Y Harden, B N Harden, M N Hatfield N Heard Y Lane, B N Lane, R Y Levitas N Lindsey N Long Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham N Powell, J Y Pruett N Purcell N Ramsey N Randall Reece E Reese N Rice Y Roberts N Rogers N Rynders N Walker Y Weldon N Wilkinson N Willard N Williams, A Y Williams, E Y Williams, M N Williams, R N Wix E Yates Ralston, Speaker On the motion, the ayes were 41, nays 118. The motion was lost. The Committee substitute was adopted. The Speaker assumed the Chair. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Austin N Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield N Benton Black N Brooks N Bruce Y Bryant N Buckner E Burkhalter Y Burns N Butler Y Byrd Carter Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey N Dickson Dobbs Y Dodson Y Dollar Y Dooley Y Drenner N Dukes N Ehrhart N England E Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger N Glanton Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard Y Hudson Y Hugley N Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd N Knight Y Knox N Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake Y Porter Y Powell, A N Scott, A Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson 1192 JOURNAL OF THE HOUSE Y Casas Y Chambers Channell N Cheokas Y Coan N Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard N Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Powell, J N Pruett N Purcell Y Ramsey N Randall Y Reece E Reese Y Rice N Roberts Y Rogers N Rynders Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix E Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 115, nays 46. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Austin of the 10th, Lucas of the 139th, and Meadows of the 5th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative O'Neal of the 146th moves to amend HB 982 by striking "licenses," and inserting in its place "license fees," on line 27. The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Crawford N Davis N Dawkins-Haigler Y Day Y Dempsey N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Manning Marin Y Martin Y Maxwell E May Y Scott, A Y Scott, M E Sellier Y Setzler Shaw TUESDAY, MARCH 16, 2010 1193 N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Carter 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 Dickson N Dobbs N Dodson Y Dollar N Dooley N Drenner N Dukes E 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 Y Glanton Y Golick N Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Lane, B Y Lane, R Y Levitas Y Lindsey N Long Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham 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 N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall N Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders Y Sheldon Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix E Yates Ralston, Speaker On the passage of the Bill, as amended, the ayes were 95, nays 68. The Bill, having received the requisite constitutional majority, was passed, as amended. Representative Porter of the 143rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 982. HB 1188. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1194 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, is amended by adding a new Code section to read as follows: "48-2-85. The commissioner shall be authorized to appoint not more than eight law enforcement officers as special agents who shall be authorized to enforce the criminal laws of this state as to the subject matter contained in this title. In order to be qualified for such appointment, any such law enforcement officer shall be a peace officer as defined in Code Section 35-8-2 who has been certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. Such agents shall have all of the power of a peace officer when engaged in enforcement of this title." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe N Crawford N Davis N Dawkins-Haigler N Day Y Dempsey Y Dickson N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt Y Manning Marin N Martin Y Maxwell E May N Mayo Y Scott, A N Scott, M E Sellier Y Setzler Shaw Y Sheldon TUESDAY, MARCH 16, 2010 1195 Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox N Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes E Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd Y Fludd N Franklin N Frazier N Fullerton N 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 N Heard N Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long N Loudermilk 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 Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Stephens, M Y Stephens, R N Stephenson N Stout 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 E Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 97, nays 69. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Byrd of the 20th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. Representative Hatfield of the 177th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1188. HB 979. By Representatives Lane of the 167th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for penalties for committing aggravated assault on a law enforcement explorer; to provide for related matters; to provide for an 1196 JOURNAL OF THE HOUSE 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for penalties for committing aggravated assault on a law enforcement explorer; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended in Code Section 16-5-21, relating to aggravated assault, as follows: "16-5-21. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c) through (l) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. (c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. (e)(1) As used in this subsection, the term 'correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term 'correctional officer' shall also include county jail officers who are certified or TUESDAY, MARCH 16, 2010 1197 registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f)(1) As used in this subsection, the term 'law enforcement explorer' means any person who is a current member of a law enforcement agency's explorer program and who is performing functions other than those required to be performed by a certified peace officer on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents. (2) A person who knowingly commits the offense of aggravated assault upon a law enforcement explorer while the law enforcement explorer is engaged in, or on account of the performance of, his or her duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (f)(g) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. (g)(h) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar. (h)(i) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (i)(j) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (j)(k) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. 1198 JOURNAL OF THE HOUSE (k)(l) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 1710-6.2." SECTION 2. This Act shall become effective on July 1, 2010, 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: 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 Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes E 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Manning 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, A Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E TUESDAY, MARCH 16, 2010 1199 Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Reese Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R Y Wix E Yates Ralston, 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. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 16, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HB 1322 Public disclosure exemption; certain graphic image photographs; provisions (Substitute)(GAff-Chambers-81st) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman 1200 JOURNAL OF THE HOUSE 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 1322. By Representatives Chambers of the 81st, Martin of the 47th, Powell of the 171st and Teilhet of the 40th: A BILL to be entitled an Act to amend Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority, so as to make legislative findings; to define certain terms; to provide that certain photographs fewer than five years old which are in the custody of a law enforcement agency which show graphic images of the sexual organs or the dismemberment of the dead body of a crime victim whose identity is known shall not be subject to public disclosure; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, so as to provide a short title; to provide for legislative findings; to provide that certain crime scene material shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated; to provide for release to a victim's next of kin; to provide for judicial action; to provide for notification; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Meredith Emerson Memorial Privacy Act." SECTION 2. The General Assembly finds that photographs or video recordings of certain crime scene photos depict the deceased in graphic and often disturbing fashion. Such photographs or video may depict or describe the deceased nude, grossly dismembered, or decapitated. As such photographs or video recordings of an autopsy are highly sensitive depictions of the deceased which, if viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the immediate family of the deceased, as well as injury to the memory of the deceased. The legislature finds that the existence of certain TUESDAY, MARCH 16, 2010 1201 publications and the Internet and the proliferation of personal computers throughout the world encourages and promotes the wide dissemination of photographs and video recordings 24 hours a day and that widespread unauthorized dissemination of such images would subject the immediate family of the deceased to continuous injury. SECTION 3. Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, is amended by adding a new subsection to read as follows: "(e)(1) Crime scene materials which depict or describe a deceased person in a nude, bruised, bloodied, or broken state with open wounds or in a state of dismemberment or decapitation, including photographs, video recordings, or audio recordings, shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall not prohibit disclosure of such material to the deceased's next of kin or to an individual who has secured a written release from the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of such access, the deceased's next of kin shall be: (A) The spouse of the deceased if living; (B) If there is no living spouse of the deceased, an adult child of the deceased; or (C) If there is no living spouse or adult child, a parent of the deceased. (2) Subject to the provisions of paragraph (3) of this subsection, in the case of closed criminal investigations a superior court may order the disclosure of such photographs upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family's right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties. (3) Prior to releasing any crime scene material described in paragraph (1) of this subsection, the custodian of such material shall give the deceased person's next of kin at least two weeks' notice. No court shall order a disclosure pursuant to paragraph (2) of this subsection which would disregard or shorten the duration of such notice requirement. (4) The provisions of this subsection shall apply to all undisclosed material which is in the custody of a state or local agency on the effective date of this subsection and to any such material which comes into the custody of a state or local agency after such date." 1202 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. The following amendment was read and adopted: Representative Chambers of the 81st moves to amend the House Committee on Governmental Affairs substitute to HB 1322 by striking lines 1 through 62 and inserting in lieu thereof the following: To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, so as to provide a short title; to provide for legislative findings; to provide that certain crime scene material shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated; to provide for release to a victim's next of kin; to provide for judicial action; to provide for notification; to provide for viewing of such material by the press; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Meredith Emerson Memorial Privacy Act." SECTION 2. The General Assembly finds that photographs or video recordings of certain crime scene photos depict the deceased in graphic and often disturbing fashion. Such photographs or video may depict or describe the deceased nude, grossly dismembered, or decapitated. As such photographs or video recordings are highly sensitive depictions of the deceased which, if viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the immediate family of the deceased, as well as injury to the memory of the deceased. The legislature finds that the existence of certain publications and the Internet and the proliferation of personal computers throughout the world encourages and promotes the wide dissemination of photographs and video recordings 24 hours a day and that widespread unauthorized dissemination of such images would subject the immediate family of the deceased to continuous injury. TUESDAY, MARCH 16, 2010 1203 SECTION 3. Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to when inquest to be held, special situations, coroner's fee, issuance of subpoenas for books, records, or papers, cost of copying, and limited disclosure of photographs, is amended by adding a new subsection to read as follows: "(e)(1) Crime scene photographs and video recordings, including photographs and video recordings created or produced by a state or local agency or by a perpetrator or suspect at a crime scene, which depict or describe a deceased person in a state of dismemberment, decapitation, or similar mutilation including, without limitation, where the deceased person's genitalia are exposed, shall not be subject to disclosure pursuant to Article 4 of Chapter 18 of Title 50; provided, however, that this subsection shall not prohibit disclosure of such material to the deceased's next of kin or to an individual who has secured a written release from the next of kin. It shall be the responsibility of the next of kin to show proof of the familial relationship. For purposes of such access, the deceased's next of kin shall be: (A) The spouse of the deceased if living; (B) If there is no living spouse of the deceased, an adult child of the deceased; or (C) If there is no living spouse or adult child, a parent of the deceased. (2) Subject to the provisions of paragraph (3) of this subsection, in the case of closed criminal investigations a superior court may order the disclosure of such photographs or video recordings upon findings in writing that disclosure is in the public interest and outweighs any privacy interest that may be asserted by the deceased person's next of kin. In making such determination, the court shall consider whether such disclosure is necessary for public evaluation of governmental performance, the seriousness of the intrusion into the family's right to privacy, and whether such disclosure is the least intrusive means available considering the availability of similar information in other public records. In any such action, the court shall review the photographs in question in camera with the custodian of crime scene materials present and may condition any disclosure on such condition as the court may deem necessary to accommodate the interests of the parties. (3) Prior to releasing any crime scene material described in paragraph (1) of this subsection, the custodian of such material shall give the deceased person's next of kin at least two weeks' notice. No court shall order a disclosure pursuant to paragraph (2) of this subsection which would disregard or shorten the duration of such notice requirement. (4) The provisions of this subsection shall apply to all undisclosed material which is in the custody of a state or local agency on the effective date of this subsection and to any such material which comes into the custody of a state or local agency after such date. (5) The director of the Georgia Bureau of Investigation and the Board of Public Safety shall promulgate rules and regulations governing the viewing of materials described in paragraph (1) of this subsection by bona fide credentialed members of the press." 1204 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. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes E 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker TUESDAY, MARCH 16, 2010 1205 On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representatives Knight of the 126th 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. By unanimous consent, HB 1322 was ordered immediately transmitted to the Senate. Representative Jacobs of the 80th moved that the following Bill of the House be taken from the table: HB 927. By Representatives Jacobs of the 80th, Wilkinson of the 52nd, Sheldon of the 105th, Ramsey of the 72nd, Stephenson of the 92nd and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to expand the definition of "bullying"; to provide that a student can be reassigned to another school for the purpose of separating such student from his or her bullying victim; to direct the Department of Education to develop a model policy regarding bullying; 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 or other school employee; to provide for related matters; to repeal conflicting laws; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison N Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield N Benton Black Y Brooks Y Crawford Y Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Dobbs Y Dodson Dollar Y Dooley Y Drenner Y Dukes E Ehrhart England E Epps, C Y Epps, J N Everson Y 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 Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Manning Marin Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Scott, A Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K N Smith, L Y Smith, R Smith, T Y Smyre Y Stephens, M 1206 JOURNAL OF THE HOUSE Bruce Y Bryant Y Buckner E Burkhalter N Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Cole Y Coleman Y Collins, D Y Collins, T Cooper E Cox Y Floyd Y Fludd N Franklin Y Frazier Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene N Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Kidd Y Knight Knox Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B N Maddox, G Mangham Y Nix Y Oliver Y O'Neal Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts Y Rogers N Rynders Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E N Williams, M Y Williams, R Y Wix E Yates Ralston, Speaker On the motion, the ayes were 115, nays 32. The motion prevailed. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Judiciary NonCivil: HB 1304. By Representatives Hatfield of the 177th, Chambers of the 81st, Reese of the 98th, Barnard of the 166th, Scott of the 153rd 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 revise provisions relating to conduct of members of development authorities, downtown development authorities, and other local authorities as it relates to conflicts of interest; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: TUESDAY, MARCH 16, 2010 1207 HB 603 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 158th Chairman Representative Meadows of the 5th 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 656 Do Pass Respectfully submitted, /s/ Neal of the 1st Vice-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. 1208 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Wednesday, March 17, 2010 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 Bell Benton Black Brooks Bruce Buckner E Burkhalter Burns Butler Byrd Carter Casas Chambers Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Dawkins-Haigler E Day Dempsey Dickson Dobbs E Dollar Dooley Drenner Dukes Ehrhart England E Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Glanton E Golick Gordon E Graves Greene Hamilton Hanner Harbin Harden, B Hatfield Heard E Heckstall Hembree E Henson Holt Howard E Hudson Hugley Jackson E James Jerguson Johnson Jones, J Jones, S Kaiser Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Manning Marin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Powell, J Pruett Purcell Ramsey Randall E Reece E Reese Rice Roberts Rogers Rynders Scott, M E Sellier Shaw Sheldon Sims, B Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stout Talton Teilhet Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Benfield of the 85th, Bryant of the 160th, Channell of the 116th, Davis of the 109th, Dodson of the 75th, Geisinger of the 48th, Hill of the 180th, Horne of the 71st, Houston of the 170th, Jacobs of the 80th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, Lunsford of the 110th, Martin of the 47th, Morris of the 155th, Porter of the 143rd, Powell of the 29th, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Taylor of the 55th, Thomas of the 100th, Thompson of the 104th, Walker of the 107th, and Weldon of the 3rd. WEDNESDAY, MARCH 17, 2010 1209 They wish to be recorded as present. Prayer was offered by Dr. Johnny Hunt, Pastor, 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 and Resolutions of the House were introduced, read the first time and referred to the Committees: HB 1394. By Representatives Long of the 61st, Benton of the 31st, Allison of the 8th and Kidd of the 141st: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions for solid waste management, so as to require certain persons transporting scrap tires to utilize a scrap tire transport destination designation form to be provided by the Environmental Protection Division of the Department of Natural Resources; to provide for penalties; to provide for an 1210 JOURNAL OF THE HOUSE effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. HB 1395. By Representatives Kidd of the 141st, Everson of the 106th, Ashe of the 56th, Oliver of the 83rd, Millar of the 79th and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions regarding buildings, so as to provide a definition; to provide that new slab-on-grade residential structures shall have certain features to provide for accessibility; to provide for exceptions; to provide for penalties; to provide for preemption; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. HB 1396. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide for a regional grand jury; to provide for a short title; to provide for the Attorney General to attend and present evidence to such grand jury; to provide for appointment or election of a foreperson and the oath of regional grand jurors; to provide for expense allowances and travel cost reimbursement; to provide for a stenographer; to provide for related matters; to provide for a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1398. By Representatives Day of the 163rd, Chambers of the 81st, Talton of the 145th, Rice of the 51st and Willard of the 49th: 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 Public Safety and Homeland Security. WEDNESDAY, MARCH 17, 2010 1211 HB 1399. By Representative Rogers of the 26th: A BILL to be entitled an Act to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to a third party on behalf of insured, so as to provide for payment to certain third parties that provide certain services relating to the repair of a motor vehicle for which an insurance claim has been made; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1400. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the Town of Sasser in Terrell County; 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 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 1401. By Representatives Glanton of the 76th, Abdul-Salaam of the 74th, Heckstall of the 62nd, Dodson of the 75th, Jordan of the 77th and others: A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership 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, fines, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 1212 JOURNAL OF THE HOUSE HB 1402. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for deferment of repayment for Peace Corps volunteers for recipients of certain service cancelable loans in the engineering field; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Higher Education. HB 1403. By Representative Jones of the 46th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1412. By Representatives Reece of the 11th, Manning of the 32nd and Thomas of the 100th: A BILL to be entitled an Act to amend Code Section 20-2-1126 of the Official Code of Georgia Annotated, relating to written policies and procedures for operation of school buses, so as to require local school systems to establish specific procedures and safety precautions regarding unloading children under eight years of age from a school bus; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1413. By Representatives Reece of the 11th, Crawford of the 16th, Abdul-Salaam of the 74th, Carter of the 175th and Talton of the 145th: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require that the same disciplinary hearing officer, panel, or tribunal of school officials conduct a WEDNESDAY, MARCH 17, 2010 1213 disciplinary hearing for each student in incidents involving two or more students and that no punishment be imposed until all hearings are conducted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1414. By Representative Teilhet of the 40th: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, so as to prohibit any sexually dangerous predator from certain activities on Halloween; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1415. By Representative Reece of the 11th: A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, relating to mandatory education for children between ages six and 16, so as to provide for reimbursement to the local school system for costs incurred to provide notice to parents and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1416. By Representative Mangham of the 94th: 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 broadband equipment for a limited period of time; 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 repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. 1214 JOURNAL OF THE HOUSE HB 1417. By Representatives Mangham of the 94th and Collins of the 95th: 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 a nonbinding advisory referendum in a school system on whether school uniforms should be required for students in the school system; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for submission for preclearance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1418. By Representatives Mangham of the 94th and Collins of the 95th: 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 require students to complete 40 hours of service learning for high school graduation; to provide for contracts with nonprofit organizations and other entities; to provide for weighted credit for certain hours; to provide for rules and regulations; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1419. By Representatives Mangham of the 94th, Fludd of the 66th and Collins of the 95th: 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 sales and use of motor fuels shall be fully subject to the 4 percent state sales and use tax; to repeal the second motor fuel tax; to provide for corresponding changes to sales and use taxes and motor fuel taxes; to provide for related matters; to provide an effective date; to provide for applicability; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. WEDNESDAY, MARCH 17, 2010 1215 HR 1683. By Representative Scott of the 153rd: A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of regional grand juries and authorize the General Assembly to specify procedures for regional grand juries; to provide for the jurisdiction, powers, and duties of regional grand juries; to authorize the General Assembly to provide by law for procedures for selecting and summoning the members of regional grand juries; to provide for a presiding judge; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1684. By Representative Sims of the 169th: A RESOLUTION commending veterans of the United States military and dedicating SR 158 East in Coffee County as the Coffee County Veterans Highway; and for other purposes. Referred to the Committee on Transportation. HR 1685. By Representatives Jones of the 46th, Martin of the 47th, Wilkinson of the 52nd, Geisinger of the 48th, Smith of the 113th and others: A RESOLUTION recognizing and expressing appreciation to the Honorable Mark Burkhalter and dedicating a portion of a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1686. By Representatives Loudermilk of the 14th, Battles of the 15th and Graves of the 12th: A RESOLUTION honoring the service of Lance Corporal Seth Sharp and dedicating an intersection in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1687. By Representatives Meadows of the 5th, Loudermilk of the 14th and Graves of the 12th: A RESOLUTION honoring the service of First SGT John David Blair and dedicating an intersection in his honor; and for other purposes. Referred to the Committee on Transportation. 1216 JOURNAL OF THE HOUSE HR 1712. By Representatives Loudermilk of the 14th, Reece of the 11th, Dempsey of the 13th and Crawford of the 16th: A RESOLUTION honoring the service of SGT Jeffery Jordan and dedicating an intersection in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1713. By Representatives Manning of the 32nd, Gardner of the 57th, Houston of the 170th, Walker of the 107th, Channell of the 116th and others: A RESOLUTION requesting that the Department of Behavioral Health and Developmental Disabilities, the Department of Community Health, and the Department of Human Services submit to the General Assembly a multiyear comprehensive plan for creating a system of supports for home and community based services that support independent living of Georgians with disabilities; and for other purposes. Referred to the Committee on Children & Youth. HR 1714. By Representative Franklin of the 43rd: A RESOLUTION bringing charges of impeachment against Shawn LaGrua; and for other purposes. Referred to the Committee on Judiciary. HR 1715. By Representatives Mangham of the 94th, Jones of the 44th and Collins of the 95th: A RESOLUTION creating the House Motor Fuel Tax Study Committee; and for other purposes. Referred to the Committee on Transportation. HR 1716. By Representatives Mangham of the 94th and Collins of the 95th: A RESOLUTION urging the Governor and the commissioner of transportation to acquire federal transit funding; and for other purposes. Referred to the Committee on Transportation. WEDNESDAY, MARCH 17, 2010 1217 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 1431. By Representatives Collins of the 27th, Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the O.C.G.A., relating respectively to aviation, conservation and natural resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to abolish the State Properties Commission and the State Personnel Administration and provide for the transfer of the functions of those agencies to the Georgia Services Administration; to amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal conflicting laws; and for other purposes. Referred to the Committee on Appropriations. HB 1432. By Representatives Crawford of the 16th, Dempsey of the 13th, Smith of the 113th, Loudermilk of the 14th and Reece of the 11th: 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 institutions of the University System of Georgia to grant foreign language credit to students who complete courses in American Sign Language; to provide for related matters; to repeal conflicting laws; 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 1365 HB 1366 HB 1367 HB 1368 HB 1370 HB 1371 HB 1372 HB 1373 HB 1397 HB 1404 HB 1405 HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 1218 JOURNAL OF THE HOUSE HB 1374 HB 1375 HB 1376 HB 1377 HB 1378 HB 1379 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1411 HR 1648 HR 1649 HR 1650 HR 1681 SB 173 SB 346 SB 388 SB 389 SB 391 SB 400 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 1196 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 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 296 Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman WEDNESDAY, MARCH 17, 2010 1219 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 1346 Do Pass HB 1347 Do Pass HB 1349 Do Pass HB 1353 Do Pass HB 1362 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 1057 HB 1083 HB 1147 HB 1193 Do Pass, by Substitute Do Pass Do Pass, by Substitute Do Pass HB 1236 Do Pass, by Substitute HB 1279 Do Pass HB 1387 Do Pass Respectfully submitted, /s/ Willard of the 49th 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: 1220 JOURNAL OF THE HOUSE HB 281 Do Pass, by Substitute Respectfully submitted, /s/ Amerson of the 9th 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 Senate and has instructed me to report the same back to the House with the following recommendations: HB 1138 Do Pass, by Substitute SR 277 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR WEDNESDAY, MARCH 17, 2010 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 965 HR 1106 Bicycles; operation on sidewalks; authorize local governments (TransMcKillip-115th) Congress of the United States; Honor and Remember Flag designation; urge (D&VA-O`Neal-146th) WEDNESDAY, MARCH 17, 2010 1221 Modified Open Rule HB 24 HB 990 HB 1046 HB 1224 HB 1237 HB 1258 Evidence; revise, supersede, and modernize provisions; provide definitions (Substitute)(Judy-Willard-49th) Motor carriers; financial responsibility compatible with federal regulations; provisions (Substitute)(MotV-Powell-29th) Family Court Division; project duration determined by Fulton County Superior Court majority; provide (Judy-Willard-49th) Drivers' licenses; defense for drivers; no vision condition restriction; provide (MotV-Hamilton-23rd) Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated (Ret-Willard-49th) State Financing and Investment Commission; powers to meet requirements; provide (B&FAO-Mills-25th) Modified Structured Rule HB 1060 HB 1082 HB 1093 HB 1106 HB 1118 HB 1186 HB 1191 HB 1192 Georgia Ports Authority; comprehensive revisions; provide (W&MStephens-164th) Ad valorem tax exemptions; freeport exemptions; revise provisions (W&M-Powell-171st) Occupation taxes; county provide electronic information to Department of Revenue; provisions (Substitute)(W&M-Knight-126th) Animal protection; shelters scan for microchips prior to euthanasia; provisions (Substitute)(A&CA-Maddox-172nd) Child Support Recovery Act; IV-D agency support orders; change provisions (Judy-Weldon-3rd) Ad valorem tax exemption; certain public-private transportation projects; provisions (Substitute)(W&M-Roberts-154th) Encumbered property; recording, payment, and distribution of tax; change provisions (Substitute)(W&M-O`Neal-146th) Real estate transfer tax; property in more than one county; change provisions (Substitute)(W&M-O`Neal-146th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman 1222 JOURNAL OF THE HOUSE By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and referred to the Committee on Intragovernmental Coordination: HB 1362. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1346. By Representatives Lunsford of the 110th, Yates of the 73rd, Davis of the 109th, Mayo of the 91st, Baker of the 78th and others: 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 1349. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 17, 2010 1223 The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1353. By Representatives Collins of the 27th, Austin of the 10th and Allison of the 8th: A BILL to be entitled an Act to create the White County Building Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for revenue bonds and their negotiability and sale and the use of proceeds from such sales; to provide for considerations for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Dodson E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish Y Parsons Y Peake Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Y Taylor Teilhet 1224 JOURNAL OF THE HOUSE Y Byrd Y Carter 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 Y Loudermilk Y Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall E Reece E Reese Y Rice Y Roberts Y Rogers Y Rynders 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 Ralston, Speaker On the passage of the Bills, the ayes were 157, nays 0. The Bills, having received the requisite constitutional majority, were passed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1347. By Representatives Mayo of the 91st, Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd and Baker of the 78th: A BILL to be entitled an Act to authorize Henry County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Crawford N Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson E Dollar Y Dooley Y Drenner Y Dukes E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Manning Y Marin Y Martin Maxwell May Y Mayo Y McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K WEDNESDAY, MARCH 17, 2010 1225 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Cooper Y Cox Y 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 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 Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, L Y Smith, R Y Smith, T Y Smyre Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Taylor Y Teilhet Y Thomas Y Thompson Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 144, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The 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 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; to provide for 1226 JOURNAL OF THE HOUSE related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 387. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for career counseling and advisement for students in grades six through 12; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 392. By Senators Murphy of the 27th, Douglas of the 17th, Jackson of the 24th, Hudgens of the 47th, Harbison of the 15th and others: 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 for education, so as to require educational institutions to verify that motor common or contract carriers are properly certified prior to entering into an agreement for the transportation of students; to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers under the jurisdiction of the Public Service Commission, so as to require carriers transporting passengers for hire to provide proof of certification and insurance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 397. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of 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. HB 961. By Representatives Benton of the 31st and Harden of the 28th: A BILL to be entitled an Act to provide for a new charter for the City of Maysville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, WEDNESDAY, MARCH 17, 2010 1227 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 a mayor and mayor tempore and certain duties, powers, and other matters relative thereto; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1123. By Representatives Williams of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to authorize the governing authority of Wayne 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 1157. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5320), an ordinance filed February 16, 2004 (Ga. L. 2004, p. 4777), an Act approved May 16, 2007 (Ga. L. 2007, p. 3549), and an Act approved May 6, 2009 (Ga. L. 2009, p. 3780), so as to provide qualifications for the city attorney and municipal court judge; to provide for the compensation of the municipal court judge; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1169. By Representative Porter of the 143rd: A BILL to be entitled an Act to provide a new charter for the Town of Cadwell; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such town 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes. HB 1176. 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, 1228 JOURNAL OF THE HOUSE 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 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 345. By Senators Butterworth of the 50th, Heath of the 31st, Smith of the 52nd, Pearson of the 51st, Moody of the 56th and others: A BILL to be entitled an Act to amend Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, so as to allow races on county or municipal roads when the race is sanctioned by the local governing authority and the road is closed to other traffic; 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 387. By Senator Weber of the 40th: A BILL to be entitled an Act to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions under the "Quality Basic Education Act," so as to provide for career counseling and advisement for students in grades six through 12; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 392. By Senators Murphy of the 27th, Douglas of the 17th, Jackson of the 24th, Hudgens of the 47th, Harbison of the 15th and others: 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 for education, so as to require educational institutions to verify that motor common or contract carriers are properly certified prior to entering into an agreement for the transportation of students; to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers under the jurisdiction of the Public Service Commission, so as to require carriers transporting passengers for hire to WEDNESDAY, MARCH 17, 2010 1229 provide proof of certification and insurance; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. SB 397. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Article 8 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the alert system for unapprehended murder and rape suspects under the administration of 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 Public Safety and Homeland Security. Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 982. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating, respectively, to revenue and taxation and state government, so as to provide for comprehensive provisions regarding administrative garnishment; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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 N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard N Battles Y Crawford N Davis Y Dawkins-Haigler E Day N Dempsey N Dickson Y Dobbs Y Dodson E Dollar Y Dooley E Heckstall N Hembree E Henson N Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard E Hudson N Manning Y Marin Martin Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Scott, A N Scott, M E Sellier Setzler Y Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield N Smith, B 1230 JOURNAL OF THE HOUSE Y Bearden Y Beasley-Teague Y Bell Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler Byrd Y Carter N Casas Chambers N Channell Y Cheokas N Coan N Cole N Coleman E Collins, D Y Collins, T Cooper N Cox Y Drenner Y Dukes Y Ehrhart N England Y 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 N Greene N Hamilton N Hanner N Harbin N Harden, B Harden, M Y Hatfield Y Heard Y Hugley Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Kidd N Knight Y Knox N Lane, B N Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas Lunsford N Maddox, B Maddox, G Y Mangham N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parrish Parsons N Peake Y Porter Y Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall E Reece N Reese N Rice N Roberts N Rogers Rynders Smith, E N Smith, K N Smith, L N Smith, R Smith, T Y Smyre Y Stephens, M N Stephens, R Y Stephenson Y Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates Ralston, Speaker On the motion, the ayes were 70, nays 84. The motion was lost. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Hatfield of the 177th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1188. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the enforcement and administration of revenue and taxation, so as to provide for the appointment and authority of special agents of the Department of Revenue to enforce Title 48; 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: WEDNESDAY, MARCH 17, 2010 1231 E Abdul-Salaam Y Abrams Y Allison N Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield N Benton Y Black Y Brooks N Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter Y Casas Y Chambers N Channell Y Cheokas Coan N Cole N Coleman E Collins, D Y Collins, T Cooper N Cox Y Crawford Davis Y Dawkins-Haigler E Day N Dempsey N Dickson Y Dobbs N Dodson E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart N England N Epps, C Y Epps, J N Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner N Geisinger N Glanton N Golick Y Gordon Y Graves N Greene N Hamilton N Hanner N Harbin N Harden, B Harden, M Y Hatfield Y Heard E Heckstall N Hembree E Henson N Hill, C N Hill, C.A N Holt Y Horne N Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Kidd N Knight Y Knox N Lane, B N Lane, R Y Levitas N Lindsey Y Long E Loudermilk Y Lucas Lunsford N Maddox, B Maddox, G Y Mangham N Manning Marin Martin Maxwell May Y Mayo Y 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 N Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall E Reece Y Reese N Rice N Roberts N Rogers Rynders Scott, A Y Scott, M E Sellier Setzler Y Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield Y Smith, B Smith, E N Smith, K N Smith, L N Smith, R Smith, T Y Smyre Y Stephens, M N Stephens, R Y Stephenson Y Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates Ralston, Speaker On the motion, the ayes were 73, nays 79. The motion was lost. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following members were recognized during the period of Morning Orders and addressed the House: Ashe of the 56th, Smith of the 113th, Wilkinson of the 52nd, and Cox of the 102nd. 1232 JOURNAL OF THE HOUSE Representative Lunsford of the 110th District, Chairman of the Special Committee on Small Business Development, submitted the following report: Mr. Speaker: Your Special Committee on Small Business Development 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 1249 Do Pass, by Substitute HB 1388 Do Pass, by Substitute HR 1351 Do Pass HR 1448 Do Pass Respectfully submitted, /s/ Lunsford of the 110th 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 1060. By Representatives Stephens of the 164th, Williams of the 165th, Barnard of the 166th, Parrish of the 156th, O`Neal of the 146th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to provide for the comprehensive revision of provisions regarding such authority; to change certain provisions regarding definitions; to change certain provisions regarding projects and facilities; to change certain provisions regarding powers of such authority; to change certain provisions regarding revenue bonds; to change certain provision regarding fees, rentals, and charges; to change certain provisions regarding operational duties; to change certain provision regarding status, investment, sale, and reinvestment of moneys; 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 Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Manning Marin Y Martin Maxwell Y May Y Scott, A Y Scott, M E Sellier Setzler Y Shaw WEDNESDAY, MARCH 17, 2010 1233 Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dodson E 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 Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Maxwell of the 17th 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. House of Representatives Atlanta, Georgia 30334 This version of HB 1060 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 1060. 1234 JOURNAL OF THE HOUSE /s/ Bobby Franklin Representative, District 43 HB 1118. By Representatives Weldon of the 3rd, Willard of the 49th, Allison of the 8th, Loudermilk of the 14th, Lane of the 167th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to change provisions relating to review procedures for IV-D agency support orders; to provide for definitions; to clarify terms regarding IV-D agency obligors and obligees who provide or receive accident and sickness insurance for children; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson E 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 E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Manning Marin E Martin Maxwell 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall E Reece Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E WEDNESDAY, MARCH 17, 2010 1235 Y Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 154, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representatives Maxwell of the 17th 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 1258. By Representatives Mills of the 25th, Stephens of the 164th, Cole of the 125th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide for certain powers of the State Financing and Investment Commission in order to meet the requirements of the American Recovery and Reinvestment Act of 2009, Public Law 111-5; 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Manning Y Marin E 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 E Neal Y Nix Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R 1236 JOURNAL OF THE HOUSE Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 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 Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed. Representatives Maxwell of the 17th 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 1224. By Representatives Hamilton of the 23rd, Rice of the 51st, Day of the 163rd, Collins of the 27th, Levitas of the 82nd 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 provide a defense for drivers who no longer have a vision condition warranting restricted driving; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson E Dollar E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Manning Y Marin E Martin Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield WEDNESDAY, MARCH 17, 2010 1237 Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter 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 Y Ehrhart Y England Y 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Rynders Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Maxwell of the 17th 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 1082. By Representatives Powell of the 171st, Lindsey of the 54th, Williams of the 4th, Black of the 174th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding applications for, waiver of, denial of, renewal of, and granting of freeport exemptions; to provide for level 1 and level 2 freeport exemptions; to provide for applicability to business inventory; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. 1238 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Y Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson E 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 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 E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long E Loudermilk N 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 Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B N Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 151, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Maxwell of the 17th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 17, 2010 1239 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. The following Committee substitute was read and adopted: A BILL To amend the Official Code of Georgia Annotated so as to substantially revise, supersede, and modernize provisions relating to evidence; to provide for legislative findings; to provide for definitions; to provide for general provisions; to provide for judicial notice; to provide for parol evidence; 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 authentication and identification of writings, recordings, and photographs; to provide for the best evidence rule; to provide for establishment of lost records; to provide for medical and other confidential information; to provide for securing attendance of witnesses and production and preservation of evidence; to provide for proof generally; to amend Title 35 of the Official Code of Georgia Annotated, 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 change provisions relating to foreign language interpreters and interpreters for the hearing impaired; to amend the Official Code of Georgia Annotated 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. It is the intent of the General Assembly in enacting this Act to adopt the Federal Rules of Evidence, as interpreted by the Supreme Court of the United States and the United States 1240 JOURNAL OF THE HOUSE circuit courts of appeal as of January 1, 2012, to the extent that such interpretation is consistent with the Constitution of Georgia. Where conflicts were found to exist among the decisions of the various circuit courts of appeal interpreting the federal rules of evidence, the General Assembly considered the decisions of the 11th Circuit Court of Appeals. It is the intent of the General Assembly to revise, modernize, and reenact the general laws of this state relating to evidence while adopting, in large measure, the Federal Rules of Evidence. The General Assembly is cognizant that there are many issues regarding evidence that are not covered by the Federal Rules of Evidence and in those situations the former provisions of Title 24 have been retained. Unless displaced by the particular provisions of this Act, the General Assembly intends that the substantive law of evidence in Georgia as it existed on December 31, 2011, be retained. SECTION 2. The Official Code of Georgia Annotated is amended by repealing in its entirety Title 24, relating to evidence, and enacting a new Title 24 to read as follows: "TITLE 24 CHAPTER 1 ARTICLE 1 24-1-1. The object of all legal investigation is the discovery of truth. Rules of evidence shall be construed to secure fairness in administration, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. 24-1-2. (a) The rules of evidence shall apply in all trials by jury in any court in this state. (b) The rules of evidence shall apply generally to all nonjury trials and other factfinding proceedings of any court in this state subject to the limitations set forth in subsections (c) and (d) of this Code section. (c) The rules of evidence, except those with respect to privileges, shall not apply in the following situations: (1) The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Code Section 24-1-104; (2) Criminal proceedings before grand juries; (3) Proceedings for extradition or rendition; (4) Proceedings for revoking parole; (5) Proceedings for the issuance of warrants for arrest and search warrants except as provided by subsection (b) of Code Section 17-4-40; (6) Proceedings with respect to release on bond; (7) Dispositional hearings and custody hearings in juvenile court; or WEDNESDAY, MARCH 17, 2010 1241 (8) Contempt proceedings in which the court, pursuant to subsection (a) of Code Section 15-1-4, may act summarily. (d)(1) In criminal commitment or preliminary hearings in any court, the rules of evidence shall apply except that hearsay shall be admissible. (2) In in rem forfeiture proceedings, the rules of evidence shall apply except that hearsay shall be admissible in determining probable cause or reasonable cause. (3) In presentence hearings, the rules of evidence shall apply except that hearsay and character evidence shall be admissible. (4) In administrative hearings, the rules of evidence as applied in the trial of nonjury civil actions shall be followed, subject to special statutory rules or agency rules as authorized by law. (e) Except as modified by statute, the common law as expounded by Georgia courts shall continue to be applied to the admission and exclusion of evidence and to procedures at trial. ARTICLE 2 24-1-101. Reserved. 24-1-102. Reserved. 24-1-103. (a) Error shall not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected and: (1) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or (2) In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by an offer of proof or was apparent from the context within which questions were asked. Once the court makes a definitive ruling on the record admitting or excluding any evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve such claim of error for appeal. (b) The court shall accord the parties adequate opportunity to state grounds for objections and present offers of proof. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. The court may direct the making of an offer of proof in question and answer form. (c) Jury proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, including, but 1242 JOURNAL OF THE HOUSE not limited to, making statements or offers of proof or asking questions in the hearing of the jury. (d) Nothing in this Code section shall preclude a court from taking notice of plain errors affecting substantial rights although such errors were not brought to the attention of the court. 24-1-104. (a) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determination, the court shall not be bound by the rules of evidence except those with respect to privileges. Preliminary questions shall be resolved by a preponderance of the evidence standard. (b) When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. (c) Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be conducted out of the hearing of the jury when the interests of justice require or when an accused is a witness and requests a hearing outside the presence of the jury. (d) The accused shall not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the proceeding. (e) This Code section shall not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. 24-1-105. When evidence which is admissible as to one party or for one purpose but which is not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. 24-1-106. When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which, in fairness, should be considered contemporaneously with the writing or recorded statement. CHAPTER 2 ARTICLE 1 24-2-201. (a) This Code section governs only judicial notice of adjudicative facts. (b) A judicially noticed fact shall be a fact which is not subject to reasonable dispute in that it is either: WEDNESDAY, MARCH 17, 2010 1243 (1) Generally known within the territorial jurisdiction of the court; or (2) Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) A court may take judicial notice, whether or not requested by a party. (d) A court shall take judicial notice if requested by a party and provided with the necessary information. (e) A party shall be entitled, upon timely request, to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, such request may be made after judicial notice has been taken. (f) Judicial notice may be taken at any stage of the proceeding. (g)(1) In a civil proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. (2) In a criminal proceeding, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. ARTICLE 2 24-2-220. The existence and territorial extent of states and their forms of government; all symbols of nationality; the laws of nations; all laws and resolutions of the General Assembly and the journals of each branch thereof as published by authority; the laws of the United States and of the several states thereof as published by authority; the uniform rules of the courts; the administrative rules and regulations filed with the Secretary of State pursuant to Code Section 50-13-6; the general customs of merchants; the admiralty and maritime courts of the world and their seals; the political makeup and history of this state and the federal government as well as the local divisions of this state; the seals of the several departments of the government of the United States and of the several states of the union; and all similar matters of legislative fact shall be judicially recognized without the introduction of proof. Judicial notice of adjudicative facts shall be governed by Code Section 24-2-201. 24-2-221. When certified by a public officer, clerk, or keeper of county or municipal records in this state in a manner as specified for county records in Code Section 24-9-920 or in a manner as specified for municipal records in paragraph (1) or (2) of Code Section 24-9902 and in the absence of contrary evidence, judicial notice may be taken of a certified copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-80-19 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body. 1244 JOURNAL OF THE HOUSE CHAPTER 3 24-3-1. Parol contemporaneous evidence shall be generally inadmissible to contradict or vary the terms of a valid written instrument. 24-3-2. If the writing does not purport to contain all the stipulations of the contract, parol evidence shall be admissible to prove other portions thereof not inconsistent with the writing; collateral undertakings between parties of the same part among themselves would not properly be looked for in the writing. 24-3-3. (a) All contemporaneous writings shall be admissible to explain each other. (b) Parol evidence shall be admissible to explain all ambiguities, both latent and patent. 24-3-4. The surrounding circumstances shall always be proper subjects of proof to aid in the construction of contracts. 24-3-5. Evidence of known and established usage shall be admissible to aid in the construction of contracts as well as to annex incidents. 24-3-6. Parol evidence shall be admissible to rebut an equity, to discharge an entire contract, to prove a new and distinct subsequent agreement, to enlarge the time of performance, or to change the place of performance. 24-3-7. Parol evidence shall be admissible to prove a mistake in a deed or any other contract required by law to be in writing. 24-3-8. Parol evidence shall be admissible to show that a writing either was originally void or subsequently became void. 24-3-9. Receipts for money shall always be only prima-facie evidence of payment and may be denied or explained by parol. WEDNESDAY, MARCH 17, 2010 1245 24-3-10. Blank endorsements of negotiable paper may always be explained between the parties themselves or those taking with notice of dishonor or of the actual facts of such endorsements. CHAPTER 4 24-4-401. As used in this chapter, the term 'relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. 24-4-402. All relevant evidence shall be admissible, except as limited by constitutional requirements or as otherwise provided by law or by other rules, as prescribed pursuant to constitutional or statutory authority, applicable in the court in which the matter is pending. Evidence which is not relevant shall not be admissible. 24-4-403. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. 24-4-404. (a) Evidence of a person's character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion, except for: (1) Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the prosecution; (2) Subject to the limitations imposed by Code Section 24-4-412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused or by the prosecution to rebut the same; or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; or (3) Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609. (b) Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, 1246 JOURNAL OF THE HOUSE opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim. 24-4-405. (a) In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion. (b) In proceedings in which character or a trait of character of a person is an essential element of a charge, claim, or defense or when an accused testifies to his or her own character, proof may also be made of specific instances of that person's conduct. The character of the accused, including specific instances of the accused's conduct, shall also be admissible in a presentencing hearing subject to the provisions of Code Section 17-10-2. (c) On cross-examination, inquiry shall be allowable into relevant specific instances of conduct. 24-4-406. Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with such habit or routine practice. 24-4-407. In civil proceedings, when, after an injury or harm, remedial measures are taken to make such injury or harm less likely to recur, evidence of the remedial measures shall not be admissible to prove negligence or culpable conduct but may be admissible to prove product liability under subsection (b) or (c) of Code Section 51-1-11. The provisions of this Code section shall not require the exclusion of evidence of remedial measures when offered for impeachment or for another purpose, including, but not limited to, proving ownership, control, or feasibility of precautionary measures, if controverted. 24-4-408. (a) Except as provided in Code Section 9-11-68, evidence of: (1) Furnishing, offering, or promising to furnish; or (2) Accepting, offering, or promising to accept WEDNESDAY, MARCH 17, 2010 1247 a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount shall not be admissible to prove liability for or invalidity of any claim or its amount. (b) Evidence of conduct or statements made in compromise negotiations or mediation shall not be admissible. (c) This Code section shall not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations or mediation. This Code section shall not require exclusion of evidence offered for another purpose, including, but not limited to, proving bias or prejudice of a witness, negating a contention of undue delay or abuse of process, or proving an effort to obstruct a criminal investigation or prosecution. 24-4-409. Evidence of furnishing, offering, or promising to pay medical, hospital, or similar expenses occasioned by an injury shall not be admissible to prove liability for the injury. 24-4-410. Except as otherwise provided by law, evidence of the following shall not, in any judicial or administrative proceeding, be admissible against the criminal defendant who made the plea or was a participant in the plea discussions: (1) A plea of guilty which was later withdrawn; (2) A plea of nolo contendere; (3) Any statement made in the course of any proceedings in which a guilty plea or a plea of nolo contendere was entered and was later withdrawn, vacated, or set aside; or (4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, vacated, or set aside; provided, however, that the statements described in paragraphs (1) through (4) of this Code section shall be admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it or in a criminal proceeding for perjury or false statement if the statement was made by the accused under oath, on the record, and in the presence of counsel or after the accused voluntarily waived his or her right to counsel. 24-4-411. In all civil proceedings involving a claim for damages, evidence that a person was or was not insured against liability shall not be admissible except as provided in this Code section. This Code section shall not require the exclusion of evidence of insurance against liability in proceedings under Code Section 46-7-12 or when such evidence is offered for a relevant purpose, including, but not limited to, proof of agency, 1248 JOURNAL OF THE HOUSE ownership, or control, and the court finds that the danger of unfair prejudice is substantially outweighed by the probative value of the evidence. 24-4-412. (a) In any prosecution for rape in violation of Code Section 16-6-1; aggravated assault with the intent to rape in violation of Code Section 16-5-21; aggravated sodomy or sodomy in violation of Code Section 16-6-2; statutory rape in violation of Code Section 16-6-3; aggravated child molestation or child molestation in violation of Code Section 16-6-4; incest in violation of Code Section 16-6-22; sexual battery in violation of Code Section 16-6-22.1; or aggravated sexual battery in violation of Code Section 16-6-22.2, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for rape in violation of Code Section 16-6-1; aggravated assault with the intent to rape in violation of Code Section 16-5-21; aggravated sodomy or sodomy in violation of Code Section 16-6-2; statutory rape in violation of Code Section 16-6-3; aggravated child molestation or child molestation in violation of Code Section 16-6-4; incest in violation of Code Section 16-6-22; sexual battery in violation of Code Section 16-6-22.1; or aggravated sexual battery in violation of Code Section 16-6-22.2, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution. (c) The procedure for introducing evidence as described in subsection (b) of this Code section shall be as follows: (1) At the time the defense seeks to introduce evidence which would be covered by subsection (b) of this Code section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine the accused's offer of proof; (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this Code section or is so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of and that justice mandates the admission of such evidence, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and (3) The defense may then introduce evidence pursuant to the order of the court. WEDNESDAY, MARCH 17, 2010 1249 24-4-413. (a) In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section. (d) As used in this Code section, the term 'offense of sexual assault' means any conduct or attempt or conspiracy to engage in: (1) Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 16-65.1, 16-6-22, 16-6-22.1, or 16-6-22.2; (2) Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person; (3) Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or (4) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person. 24-4-414. (a) In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused's commission of another offense of child molestation shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose the evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described under this Code section. (d) As used in this Code section, the term 'offense of child molestation' means any conduct or attempt or conspiracy to engage in: (1) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 1612-100.2, or 16-12-100.3; (2) Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child; 1250 JOURNAL OF THE HOUSE (3) Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or (4) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child. 24-4-415. (a) In a civil or administrative proceeding in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or an offense of child molestation, evidence of that party's commission of another offense of sexual assault or another offense of child molestation shall be admissible and may be considered as provided in Code Sections 24-4-413 and 24-4414. (b) A party who intends to offer evidence under this Code section shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section. (d) As used in this Code section, the term: (1) 'Offense of child molestation' means any conduct or attempt or conspiracy to engage in: (A) Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3; (B) Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child; (C) Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or (D) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child. (2) 'Offense of sexual assault' means any conduct or attempt or conspiracy to engage in: (A) Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 166-5.1, 16-6-22, 16-6-22.1, or 16-6-22.2; (B) Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person; (C) Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or (D) Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person. WEDNESDAY, MARCH 17, 2010 1251 24-4-416. (a) As used in this Code section, the term 'health care provider' means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (b) In any claim or civil proceeding brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which is made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relates to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest. 24-4-417. (a) In a criminal proceeding involving a prosecution for a violation of Code Section 40-6-391, evidence of the commission of another violation of Code Section 40-6-391 on a different occasion by the same accused shall be admissible when: (1) The accused refused in the current case to take the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; (2) The accused refused in the current case to provide an adequate breath sample for the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; or (3) The identity of the driver is in dispute in the current case and such evidence is relevant to prove identity. (b) In a criminal proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or pretrial notice is excused by the judge upon good cause shown. (c) This Code section shall not be the exclusive means to admit or consider evidence described in this Code section. CHAPTER 5 24-5-501. (a) There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following: (1) Communications between husband and wife; 1252 JOURNAL OF THE HOUSE (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; (5) Communications between psychiatrist and patient; (6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16; (7) Communications between a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor and patient; (8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this Code section; and (9) Communications between accountant and client as provided by Code Section 433-32. (b) As used in this Code section, the term: (1) 'Psychotherapy' means the employment of psychotherapeutic techniques. (2) 'Psychotherapeutic techniques' shall have the same meaning as provided in Code Section 43-10A-3. 24-5-502. Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or any Christian or Jewish minister or similar functionary, by whatever name called, shall be deemed privileged. No such minister, priest, rabbi, or similar functionary shall disclose any communications made to him or her by any such person professing religious faith, seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, rabbi, or similar functionary be competent or compellable to testify with reference to any such communication in any court. 24-5-503. (a) A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other. (b) The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of Code Section 24-5-501 or subsection (a) of Code Section 24-5-505 shall not apply in proceedings in which the husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged. WEDNESDAY, MARCH 17, 2010 1253 24-5-504. Any law enforcement officer testifying in his or her official capacity in any criminal proceeding shall not be compelled to reveal his or her home address. Such officer may be required to divulge the business address of his or her employer, and the court may require any law enforcement officer to answer questions as to his or her home address whenever such fact may be material to any issue in the proceeding. 24-5-505. (a) No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness's family. (b) Except in proceedings in which a judgment creditor or judgment creditor's successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section 9-11-69, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his or her estate. (c) No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment. 24-5-506. (a) No person who is charged in any criminal proceeding with the commission of any criminal offense shall be compellable to give evidence for or against himself or herself. (b) If an accused in a criminal proceeding wishes to testify and announces in open court his or her intention to do so, the accused may so testify. If an accused testifies, he or she shall be sworn as any other witness and, except as provided in Code Sections 246-608 and 24-6-609, may be examined and cross-examined as any other witness. The failure of an accused to testify shall create no presumption against the accused, and no comment shall be made because of such failure. 24-5-507. (a) Whenever in the judgment of the Attorney General or any district attorney the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, the Attorney General or the district attorney may request in writing the superior court to order such person to testify or produce the evidence. Upon order of the court, such person shall not be excused on the basis of the privilege against self-incrimination from testifying or producing any evidence required, but no testimony or other evidence required under the order or any information directly or indirectly derived from such testimony or evidence shall be used against the person in any proceeding or prosecution for a crime or offense concerning which he or she testified or produced evidence under court order. However, such person may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in testifying or failing to testify or in producing or failing to produce evidence in 1254 JOURNAL OF THE HOUSE accordance with the order but shall not be required to produce evidence that can be used in any other court of this state, the United States, or any other state. Any order entered under this Code section shall be entered of record in the minutes of the court so as to afford a permanent record thereof, and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court. (b) If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as set forth in this Code section, such person may be adjudged in contempt and committed to the county jail until such time as such person purges himself or herself of contempt by testifying as ordered without regard to the expiration of the grand jury. If the grand jury before which such person was ordered to testify has been dissolved, such person may purge himself or herself by testifying before the court. 24-5-508. Any person, company, or other entity engaged in the gathering and dissemination of news for the public through any newspaper, book, magazine, radio or television broadcast, or electronic means shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought: (1) Is material and relevant; (2) Cannot be reasonably obtained by alternative means; and (3) Is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item. CHAPTER 6 ARTICLE 1 24-6-601. Except as otherwise provided in this chapter, every person is competent to be a witness. 24-6-602. A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. The provisions of this Code section are subject to Code Section 24-7-703 and shall not apply to party admissions. 24-6-603. (a) Before testifying, every witness shall be required to declare that he or she will testify truthfully by oath or affirmation administered in a form calculated to awaken the witness's conscience and impress the witness's mind with the duty to do so. WEDNESDAY, MARCH 17, 2010 1255 (b) Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving deprivation as defined by Code Section 15-11-2 and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter. 24-6-604. Except as provided in Code Sections 24-6-656 and 24-6-657 or by the rules promulgated by the Supreme Court of Georgia pursuant to Code Section 15-1-14, an interpreter shall be subject to the provisions of Code Section 24-7-702. Interpreters shall be required to take an oath or affirmation to make a true translation. 24-6-605. The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve this issue. 24-6-606. (a) A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If a juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. (b) Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify by affidavit or otherwise nor shall a juror's statements be received in evidence as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the jury deliberations or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith; provided, however, that a juror may testify on the question of whether extraneous prejudicial information was improperly brought to the juror's attention, whether any outside influence was improperly brought to bear upon any juror, or whether there was a mistake in entering the verdict onto the verdict form. 24-6-607. The credibility of a witness may be attacked by any party, including the party calling the witness. 24-6-608. (a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following limitations: (1) The evidence may refer only to character for truthfulness or untruthfulness; and (2) Evidence of truthful character shall be admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. 1256 JOURNAL OF THE HOUSE (b) Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's character for truthfulness, other than a conviction of a crime as provided in Code Section 24-6-609, or conduct indicative of the witness's bias toward a party may not be proved by extrinsic evidence. Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness: (1) Concerning the witness's character for truthfulness or untruthfulness; or (2) Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. (c) The giving of testimony, whether by an accused or by any other witness, shall not operate as a waiver of the accused's or the witness's privilege against self-incrimination when examined with respect to matters which relate only to character for truthfulness. 24-6-609. (a) General rule. For the purpose of attacking the character for truthfulness of a witness: (1) Evidence that a witness other than an accused has been convicted of a crime shall be admitted subject to the provisions of Code Section 24-4-403 if the crime was punishable by death or imprisonment of one year or more under the law under which the witness was convicted and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting the evidence outweighs its prejudicial effect to the accused; or (2) Evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of such crime required proof or admission of an act of dishonesty or making a false statement. (b) Time limit. Evidence of a conviction under this Code section shall not be admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for such conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old, as calculated in this subsection, shall not be admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. (c) Effect of pardon, annulment, certificate of rehabilitation, or discharge from a first offender program. Evidence of a final adjudication of guilt and subsequent discharge under any first offender statute shall not be used to impeach any witness and evidence of a conviction shall not be admissible under this Code section if: (1) The conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of WEDNESDAY, MARCH 17, 2010 1257 the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year; or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. (d) Nolo contendere pleas and juvenile adjudications. A conviction based on a plea of nolo contendere shall not be admissible to impeach any witness under this Code section. Evidence of juvenile adjudications shall not generally be admissible under this Code section. The court may, however, in a criminal proceeding allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence of the accused. (e) Pendency of appeal. The pendency of an appeal shall not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal shall be admissible. 24-6-610. Evidence of the beliefs or opinions of a witness on matters of religion shall not be admissible for the purpose of proving that by reason of the nature of the beliefs or opinions the witness's credibility is impaired or enhanced. 24-6-611. (a) The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: (1) Make the interrogation and presentation effective for the ascertainment of the truth; (2) Avoid needless consumption of time; and (3) Protect witnesses from harassment or undue embarrassment. (b) A witness may be cross-examined on any matter relevant to any issue in the proceeding. The right of a thorough and sifting cross-examination shall belong to every party as to the witnesses called against the party. If several parties to the same proceeding have distinct interests, each party may exercise the right to crossexamination. (c) Leading questions shall not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily leading questions shall be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. 24-6-612. (a) If a witness uses a writing to refresh his or her memory while testifying, an adverse party shall be entitled to have the writing produced at the hearing or trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. 1258 JOURNAL OF THE HOUSE (b) If a witness uses a writing to refresh his or her memory before testifying at trial and the court in its discretion determines it is necessary in the interests of justice, an adverse party shall be entitled to have the writing produced at the trial, to inspect it, to crossexamine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. If the writing used is protected by the attorney-client privilege or as attorney work product under Code Section 9-11-26, use of the writing to refresh recollection prior to the trial shall not constitute a waiver of that privilege or protection. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions of such writing not so related, and order delivery of the remainder of such writing to the party entitled to such writing. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to an order under this Code section, the court shall make any order justice requires; provided, however, that in criminal proceedings, when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial. 24-6-613. (a) In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time; provided, however, upon request the same shall be shown or disclosed to opposing counsel. (b) Except as provided in Code Section 24-8-806, extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an opportunity to explain or deny the prior inconsistent statement and the opposite party is afforded an opportunity to interrogate the witness on the prior inconsistent statement or the interests of justice otherwise require. This subsection shall not apply to admissions of a party-opponent as set forth in paragraph (2) of subsection (d) of Code Section 24-8-801. (c) A prior consistent statement shall be admissible to rehabilitate a witness if the prior consistent statement logically rebuts an attack made on the witness's credibility. A general attack on a witness's credibility with evidence offered under Code Section 24-6608 or 24-6-609 shall not permit rehabilitation under this subsection. If a prior consistent statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, the prior consistent statement shall have been made before the alleged recent fabrication or improper influence or motive arose. 24-6-614. (a) The court may, on its own motion, call a court appointed expert, call a witness regarding the competency of any party, or call a child witness or, at the suggestion of a party, call such witnesses, and all parties shall be entitled to cross-examine such WEDNESDAY, MARCH 17, 2010 1259 witnesses. In all other situations, the court may only call witnesses when there is an agreement of all of the parties for the court to call such witnesses and all parties shall be entitled to cross-examine such witnesses. (b) The court may interrogate witnesses whether called by itself pursuant to subsection (a) of this Code section or by a party. (c) Objections to the calling of witnesses by the court or to interrogation by the court may be made at the time or at the next available opportunity when the jury is not present. 24-6-615. Except as otherwise provided in Code Section 24-6-616, at the request of a party the court shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses, and it may make the order on its own motion. This Code section shall not authorize exclusion of: (1) A party who is a natural person; (2) An officer or employee of a party which is not a natural person designated as its representative by its attorney; or (3) A person whose presence is shown by a party to be essential to the presentation of the party's cause. 24-6-616. (a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given. (b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by an accused or for any court to set aside, reverse, or remand a criminal conviction. ARTICLE 2 24-6-620. The credibility of a witness shall be a matter to be determined by the trier of fact, and if the case is being heard by a jury, the court shall give the jury proper instructions as to the credibility of a witness. 24-6-621. A witness may be impeached by disproving the facts testified to by the witness. 24-6-622. The state of a witness's feelings towards the parties and the witness's relationship to the parties may always be proved for the consideration of the jury. 1260 JOURNAL OF THE HOUSE 24-6-623. It shall be the right of a witness to be examined only as to relevant matters and to be protected from improper questions and from harsh or insulting demeanor. ARTICLE 3 24-6-650. It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of this state and its political subdivisions unless qualified interpreters are available to assist such persons. 24-6-651. As used in this article, the term: (1) 'Agency' means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of this state or any political subdivision thereof. (2) 'Court qualified interpreter' means any person licensed as an interpreter for the hearing impaired pursuant to Code Section 15-1-14. (3) 'Hearing impaired person' means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone. (4) 'Intermediary interpreter' means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between the variance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter. (5) 'Proceeding' means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency. (6) 'Qualified interpreter' means any person certified as an interpreter for hearing impaired persons by the Registry of Interpreters for the Deaf or a court qualified interpreter. 24-6-652. (a) The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person: (1) Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; or (2) Whenever a person who is below the age of 18 years is a party to the proceeding or a witness before the proceeding conducted by an agency whose parents are hearing impaired persons or whose guardian is a hearing impaired person. WEDNESDAY, MARCH 17, 2010 1261 (b) A hearing impaired person shall notify the agency not less than ten days, excluding weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person received notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, such person shall notify the agency as soon as practicable after receiving such notice. 24-6-653. (a) An arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever a hearing impaired person is arrested for allegedly violating any criminal law or ordinance of this state or any political subdivision thereof. (b)(1) Except as provided in paragraph (2) of this subsection, no interrogation, warning, informing of rights, taking of statements, or other investigatory procedures shall be undertaken upon a hearing impaired person unless a qualified interpreter has been provided or the law enforcement agency has taken such other steps as may be reasonable to accommodate such person's disability. No answer, statement, admission, or other evidence acquired through the interrogation of a hearing impaired person shall be admissible in any criminal or quasi-criminal proceedings unless such was knowingly and voluntarily given. No hearing impaired person who has been taken into custody and who is otherwise eligible for release shall be detained because of the unavailability of a qualified interpreter. (2) If a qualified interpreter is not available, an arresting officer may interrogate or take a statement from such person, provided that if the hearing impaired person cannot hear spoken words with a hearing aid or other sound amplification device, such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense. 24-6-654. (a) A court shall provide a court qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a public defender or court appointed legal counsel. (b) The court qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel. 24-6-655. Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency or law enforcement agency before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver of the hearing impaired person's right to a qualified interpreter. 1262 JOURNAL OF THE HOUSE 24-6-656. Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, the agency or law enforcement agency shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency or law enforcement agency shall obtain the services of another qualified interpreter or shall appoint an intermediary interpreter to assist the qualified interpreter in communicating with the hearing impaired person. 24-6-657. (a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he or she will interpret all communications in an accurate manner to the best of his or her skill and knowledge. The Supreme Court of Georgia may by rule of court prescribe the form of the oath for interpreters and intermediary interpreters for use in court and other judicial proceedings. (b) Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privileged or otherwise confidential, the presence of the interpreter shall not vitiate such privilege and the interpreter shall not be required to disclose the contents of such communication. (c) Whenever a qualified interpreter is required by this article, the agency or law enforcement agency shall not begin the proceeding or take any action until such interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person. (d) The agency or law enforcement agency may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing impaired person be electronically and visually recorded. Any such recording may be used to verify the testimony given by the hearing impaired person. 24-6-658. Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency or law enforcement agency requesting such service. CHAPTER 7 24-7-701. (a) If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are: (1) Rationally based on the perception of the witness; WEDNESDAY, MARCH 17, 2010 1263 (2) Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue; and (3) Not based on scientific, technical, or other specialized knowledge within the scope of Code Section 24-7-702. (b) Direct testimony as to market value is in the nature of opinion evidence. A witness need not be an expert or dealer in an article or property to testify as to its value if he or she has had an opportunity to form a reasoned opinion. 24-7-702. (a) Except as provided in Code Section 22-1-14 and in subsection (g) of this Code section, the provisions of this Code section shall apply in all civil proceedings. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witnesses. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case which have been or will be admitted into evidence before the trier of fact. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision of law which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (1) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; and (2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in: (A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or render the treatment which is alleged to 1264 JOURNAL OF THE HOUSE have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph: (i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard of care of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physician assistants, physical therapists, occupational therapists, or medical support staff, has knowledge of the standard of care of that health care provider under the circumstances at issue shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physician assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the expert's testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-11-16. (e) An affiant shall meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9.1. (f) It is the intent of the legislature that, in all civil proceedings, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases. (g) This Code section shall not be strictly applied in proceedings conducted pursuant to Chapter 9 of Title 34 or in administrative proceedings conducted pursuant to Chapter 13 of Title 50. 247-703. The facts or data in the particular proceeding upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming WEDNESDAY, MARCH 17, 2010 1265 opinions or inferences upon the subject, such facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Such facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect. 24-7-704. (a) Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible shall not be objectionable because it embraces an ultimate issue to be decided by the trier of fact. (b) No expert witness testifying with respect to the mental state or condition of an accused in a criminal proceeding shall state an opinion or inference as to whether the accused did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone. 24-7-705. An expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. An expert may in any event be required to disclose the underlying facts or data on crossexamination. 24-7-706. Except as provided in Chapter 7 of Title 9 or Code Section 17-7-130.1, 17-10-66, 29-411, 29-5-11, 31-14-3, 31-20-3, or 44-6-166.1, the following procedures shall govern the appointment, compensation, and presentation of testimony of court appointed experts: (1) The court on its own motion or on the motion of any party may enter an order to show cause why any expert witness should not be appointed and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. Each appointed expert witness shall be informed of his or her duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. Each appointed expert witness shall advise the parties of his or her findings, if any. Except as provided in Article 3 of Chapter 12 or Article 6 of Chapter 13 of this title, such witness's deposition may be taken by any party. Such witness may be called to testify by the court or any party. Each expert witness shall be subject to cross-examination by each party, including a party calling the witness; (2) Appointed expert witnesses shall be entitled to reasonable compensation in whatever sum the court allows. The compensation fixed shall be payable from funds which may be provided by law in criminal proceedings and civil proceedings and proceedings involving just compensation for the taking of property. In other civil 1266 JOURNAL OF THE HOUSE proceedings, the compensation shall be paid by the parties in such proportion and at such time as the court directs and thereafter charged in like manner as other costs; (3) In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness; and (4) Nothing in this Code section shall limit a party in calling expert witnesses of the party's own selection. 24-7-707. In criminal proceedings, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses. CHAPTER 8 ARTICLE 1 24-8-801. As used in this chapter, the term: (a) 'Statement' means: (1) An oral or written assertion; or (2) Nonverbal conduct of a person, if it is intended by the person as an assertion. (b) 'Declarant' means a person who makes a statement. (c) 'Hearsay' means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (d) 'Hearsay' shall be subject to the following exclusions and conditions: (1) Prior statement by witness. (A) An out-of-court statement shall not be hearsay if the declarant testifies at the trial or hearing, is subject to cross-examination concerning the statement, and the statement is admissible as a prior inconsistent statement or a prior consistent statement under Code Section 24-6-613 or is otherwise admissible under this chapter. (B) If a hearsay statement is admitted and the declarant does not testify at the trial or hearing, other out-of-court statements of the declarant shall be admissible for the limited use of impeaching or rehabilitating the credibility of the declarant, and not as substantive evidence, if the other statements qualify as prior inconsistent statements or prior consistent statements under Code Section 24-6-613. (C) A statement shall not be hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is one of identification of a person made after perceiving the person; and (2) Admissions by party-opponent. Admissions shall not be excluded by the hearsay rule. An admission is a statement offered against a party which is: (A) The party's own statement, in either an individual or representative capacity; (B) A statement of which the party has manifested an adoption or belief in its truth; WEDNESDAY, MARCH 17, 2010 1267 (C) A statement by a person authorized by the party to make a statement concerning the subject; (D) A statement by the party's agent or employee, but not including any agent of the state in a criminal proceeding, concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or (E) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy, including a statement made during the concealment phase of a conspiracy. A conspiracy need not be charged in order to make a statement admissible under this subparagraph. The contents of the statement shall be considered but shall not alone be sufficient to establish the declarant's authority under subparagraph (C) of this paragraph, the agency or employment relationship and scope thereof under subparagraph (D) of this paragraph, or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subparagraph (E) of this paragraph. (e) 'Public office' means: (1) Every state department, agency, board, bureau, commission, division, public corporation, and authority; (2) Every county, municipal corporation, school district, or other political subdivision of this state; (3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (4) Every city, county, regional, or other authority established pursuant to the laws of this state. (f) 'Public official' means an elected or appointed official. (g) 'Public record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form and created in the course of the operation of a public office. 24-8-802. Hearsay shall not be admissible except as provided by this article; provided, however, that if a party does not properly object to hearsay, the objection shall be deemed waived, and the hearsay evidence shall be legal evidence and admissible. 24-8-803. The following shall not be excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or immediately thereafter; 1268 JOURNAL OF THE HOUSE (2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition; (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, but not including a statement of memory or belief to prove the fact remembered or believed unless such statements relate to the execution, revocation, identification, or terms of the declarant's will and not including a statement of belief as to the intent of another person; (4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment; (5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately shown to have been made or adopted by the witness when the matter was fresh in the witness's memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but shall not itself be received as an exhibit unless offered by an adverse party; (6) Records of regularly conducted activity. Unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness and subject to the provisions of Chapter 7 of this title, a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, if (A) made at or near the time of the described acts, events, conditions, opinions, or diagnoses; (B) made by, or from information transmitted by, a person with personal knowledge and a business duty to report; (C) kept in the course of a regularly conducted business activity; and (D) it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness or by certification that complies with paragraph (11) or (12) of Code Section 24-9-902 or by any other statute permitting certification. The term 'business' as used in this paragraph includes any business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. Public records and reports shall be admissible under paragraph (8) of this Code section and shall not be admissible under this paragraph; (7) Absence of entry in records kept in accordance with paragraph (6) of this Code section. Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6) of this Code section, to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation WEDNESDAY, MARCH 17, 2010 1269 was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness; (8) Public records and reports. Except as otherwise provided by law, public records, reports, statements, or data compilations, in any form, of public offices, setting forth: (A) The activities of the public office; (B) Matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, against the accused in criminal proceedings, matters observed by police officers and other law enforcement personnel in connection with an investigation; or (C) In civil proceedings and against the state in criminal proceedings, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness; (9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law; (10) Absence of public record or entry. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office, evidence in the form of a certification in accordance with Code Section 24-9-902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry; (11) Records of religious organizations. Statements of birth, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization; (12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified and purporting to have been issued at the time of the act or within a reasonable time thereafter; (13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like; (14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable law authorizes the recording of documents of that kind in such office; (15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the 1270 JOURNAL OF THE HOUSE matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document; (16) Statements in ancient documents. Statements in a document in existence 20 years or more the authenticity of which is established; (17) Market reports and commercial publications. Market quotations, tabulations, lists, directories, or other published compilations generally used and relied upon by the public or by persons in the witness's particular occupation; (18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination, statements contained in published treatises, periodicals, or pamphlets, whether published electronically or in print, on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness, by other expert testimony, or by judicial notice. If admitted, the statements may be used for cross-examination of an expert witness and read into evidence but shall not be received as exhibits; (19) Reputation concerning personal or family history. Reputation among members of a person's family by blood, adoption, or marriage or among a person's associates or in the community concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of the person's personal or family history; (20) Reputation concerning boundaries or general history. Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community or state or nation in which such lands are located; (21) Reputation as to character. Reputation of a person's character among associates or in the community; (22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year to prove any fact essential to sustain the judgment, but not including, when offered by the state in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but shall not affect admissibility; or (23) Judgment as to personal, family, or general history or boundaries. Judgments as proof of matters of personal, family, or general history or boundaries essential to the judgment, if the same would be provable by evidence of reputation. 24-8-804. (a) As used in this Code section, the term 'unavailable as a witness' includes situations in which the declarant: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; WEDNESDAY, MARCH 17, 2010 1271 (2) Persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the declarant's statement; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) Is absent from the hearing and the proponent of the statement has been unable to procure the declarant's attendance or, in the case of exceptions under paragraph (2), (3), or (4) of subsection (b) of this Code section, the declarant's attendance or testimony, by process or other reasonable means. A declarant shall not be deemed unavailable as a witness if the declarant's exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying. (b) The following shall not be excluded by the hearsay rule if the declarant is unavailable as a witness: (1) Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. If deposition testimony is admissible under either the rules stated in Code Section 9-11-32 or this Code section, it shall be admissible at trial in accordance with the rules under which it was offered; (2) In a prosecution for homicide or in a civil proceeding, a statement made by a declarant while believing that his or her death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death; (3) A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest or so far tended to subject the declarant to civil or criminal liability or to render invalid a claim by the declarant against another that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused shall not be admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement; (4) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though the declarant had no means of acquiring personal knowledge of the matter stated or a statement concerning the foregoing matters and death also of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared; or (5) A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. 1272 JOURNAL OF THE HOUSE 24-8-805. Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule. 24-8-806. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, shall not be subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party shall be entitled to examine the declarant on the statement as if under cross-examination. 24-8-807. A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that: (1) The statement is offered as evidence of a material fact; (2) The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (3) The general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this Code section unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant. ARTICLE 2 24-8-820. A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another shall be admissible in evidence by the testimony of the person to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability. 24-8-821. Without offering the same in evidence, either party may avail himself or herself of allegations or admissions made in the pleadings of the other. WEDNESDAY, MARCH 17, 2010 1273 24-8-822. When an admission is given in evidence by one party, it shall be the right of the other party to have the whole admission and all the conversation connected therewith admitted into evidence. 24-8-823. All admissions shall be scanned with care, and confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence, shall not justify a conviction. 24-8-824. To make a confession admissible, it shall have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury. 24-8-825. The fact that a confession has been made under a spiritual exhortation, a promise of secrecy, or a promise of collateral benefit shall not exclude it. 24-8-826. (a) Upon the trial of any civil proceeding involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report shall first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing such report shall be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise. (b) The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence. CHAPTER 9 ARTICLE 1 1274 JOURNAL OF THE HOUSE 24-9-901. (a) The requirement of authentication or identification as a condition precedent to admissibility shall be satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (b) By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Code section: (1) Testimony of a witness with knowledge that a matter is what it is claimed to be; (2) Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation; (3) Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. Such specimens shall be furnished to the opposite party no later than ten days prior to trial; (4) Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances; (5) Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker; (6) Telephone conversations, by evidence that a call was made to the number assigned at the time by a telephone service provider to a particular person or business, if: (A) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or (B) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone; (7) Evidence that a document authorized by law to be recorded or filed and in fact recorded or filed in a public office or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept; (8) Evidence that a document or data compilation, in any form: (A) Is in such condition as to create no suspicion concerning its authenticity; (B) Was in a place where it, if authentic, would likely be; and (C) Has been in existence 20 years or more at the time it is offered; (9) Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result; or (10) Any method of authentication or identification provided by law. 24-9-902. Extrinsic evidence of authenticity as a condition precedent to admissibility shall not be required with respect to the following: (1) A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory, or insular possession thereof or the Panama Canal Zone or the Trust Territory of the Pacific Islands or of a political subdivision, WEDNESDAY, MARCH 17, 2010 1275 department, officer, or agency thereof or of a municipal corporation of this state and bearing a signature purporting to be an attestation or execution; (2) A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) of this Code section having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine; (3) A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make such execution or attestation and accompanied by a final certification as to the genuineness of the signature, official position of the executing or attesting person, or of any foreign official whose certificate of genuineness of signature and official position relates to such execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to such execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that such documents be treated as presumptively authentic without final certification or permit such documents to be evidenced by an attested summary with or without final certification; (4) A duplicate of an official record or report or entry therein or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification by certificate complying with paragraph (1), (2), or (3) of this Code section or complying with any law of the United States or of this state, including Code Section 24-9-920; (5) Books, pamphlets, or other publications purporting to be issued by a public office; (6) Printed materials purporting to be newspapers or periodicals; (7) Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin; (8) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments; (9) Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law; (10) Any signature, document, or other matter declared by any law of the United States or of this state to be presumptively or prima facie genuine or authentic; (11) The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration of its custodian or other qualified person certifying that the record: 1276 JOURNAL OF THE HOUSE (A) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of such matters; (B) Was kept in the course of the regularly conducted activity; and (C) Was made by the regularly conducted activity as a regular practice. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration; or (12) In a civil proceeding, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 248-803 if accompanied by a written declaration by its custodian or other qualified person certifying that the record: (A) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters; (B) Was kept in the course of the regularly conducted activity; and (C) Was made by the regularly conducted activity as a regular practice. The declaration shall be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration. 24-9-903. The testimony of a subscribing witness shall not be necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. 24-9-904. As used in this article, the term: (1) 'Public office' shall have the same meaning as set forth in Code Section 24-8-801. (2) 'Public officer' means any person appointed or elected to be the head of any entity included in paragraph (1) of Code Section 24-9-902. (3) 'Telephone service provider' shall have the same meaning as 'voice service provider' as set forth in Code Section 46-5-231. ARTICLE 2 24-9-920. The certificate or attestation of any public officer either of this state or any county thereof or any clerk or keeper of county, consolidated government, or municipal records WEDNESDAY, MARCH 17, 2010 1277 in this state shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file, or other matter or thing in such public officer's respective office, or pertaining thereto, to admit the same in evidence. 24-9-921. (a) Upon the trial of any civil proceeding involving injury or disease, the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such a witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from: (1) A hospital; (2) An ambulance service; (3) A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or (4) A licensed practicing physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist. (b) Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence. 24-9-922. The acts of the legislature of any other state, territory, or possession of the United States, the records and judicial proceedings of any court of any such state, territory, or possession, and the nonjudicial records or books kept in the public offices in any such state, territory, or possession, if properly authenticated, shall have the same full faith and credit in every court within this state as they have by law or usage in the courts of such state, territory, or possession from which they are taken. 24-9-923. (a) As used in this Code section, the term 'unavailability of a witness' includes situations in which the authenticating witness: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the authentication; (2) Persists in refusing to testify concerning the subject matter of the authentication despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the authentication; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or 1278 JOURNAL OF THE HOUSE (5) Is absent from the hearing and the proponent of the authentication has been unable to procure the attendance of the authenticating witness by process or other reasonable means. An authenticating witness shall not be deemed unavailable as a witness if his or her exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of an authentication for the purpose of preventing the witness from attending or testifying. (b) Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. (c) Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings produced at a time when the device producing the items was not being operated by an individual person or was not under the personal control or in the presence of an individual operator shall be admissible in evidence when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered, provided that, prior to the admission of such evidence, the date and time of such photograph, motion picture, or video recording shall be contained on such evidence, and such date and time shall be shown to have been made contemporaneously with the events depicted in such photograph, motion picture, or video recording. (d) This Code section shall not be the exclusive method of introduction into evidence of photographs, motion pictures, video recordings, and audio recordings but shall be supplementary to any other law and lawful methods existing in this state. 24-9-924. (a) Any court may receive and use as evidence in any proceeding information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of such records. (b) Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal proceeding information otherwise admissible from the records of the Department of Driver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information. CHAPTER 10 24-10-1001. As used in this chapter, the term: WEDNESDAY, MARCH 17, 2010 1279 (1) 'Writing' or 'recording' means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, or mechanical or electronic recording or other form of data compilation. (2) 'Photograph' includes still photographs, X-ray films, video recordings, and motion pictures. (3) 'Original' means the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original. (4) 'Duplicate' means a counterpart produced by the same impression as the original or from the same matrix or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, chemical reproduction, or other equivalent techniques which accurately reproduce the original. (5) 'Public record' shall have the same meaning as set forth in Code Section 24-8-801. 24-10-1002. To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required. 24-10-1003. A duplicate shall be admissible to the same extent as an original unless: (1) A genuine question is raised as to the authenticity of the original; or (2) A circumstance exists where it would be unfair to admit the duplicate in lieu of the original. 24-10-1004. The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; (2) No original can be obtained by any available judicial process or procedure; (3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or (4) The writing, recording, or photograph is not closely related to a controlling issue. 24-10-1005. The contents of a public record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by duplicate, certified as correct in accordance with Code Section 24-9-902 or Code Section 24-9-920 or testified to be correct by a witness who 1280 JOURNAL OF THE HOUSE has compared it with the original. If a duplicate which complies with this Code section cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given. 24-10-1006. The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that the contents of such writings, recordings, or photographs be produced in court. 24-10-1007. The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original. 24-10-1008. When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104; provided, however, that when an issue is raised as to: (1) Whether the asserted writing, recording, or photograph ever existed; (2) Whether another writing, recording, or photograph produced at the trial is the original; or (3) Whether other evidence of the contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. CHAPTER 11 ARTICLE 1 24-11-1. As used in this chapter, the term: (1) 'Custodian' means the person charged with the duty of maintaining public records. (2) 'Duplicate' means a counterpart which accurately reproduces the original. (3) 'Public record' shall have the same meaning as set forth in Code Section 24-8-801. 24-11-2. (a) Where any original public records have been lost, mutilated, stolen, or destroyed, the custodian may establish duplicates in accordance with the provisions of this article. When such public records are established by duplicates, they shall have all of the effect in evidence as the original records would have had. WEDNESDAY, MARCH 17, 2010 1281 (b) The custodian of the lost, mutilated, stolen, or destroyed public records shall bring a petition to establish such records in the superior court of the county in which the public records were located. (c) The petition shall set forth the fact that some portion of the public records has been lost, mutilated, stolen, or destroyed, specifying as nearly as may be possible the books or parts of the books in which those records existed, and shall pray for the establishment of such records. 24-11-3. (a) The court shall either appoint an auditor for such petition in accordance with Chapter 7 of Title 9 or shall conduct a hearing on the petition. If an auditor is appointed, the provisions of Code Sections 9-7-1 through 9-7-16 and Code Section 9-721 shall apply to such proceedings. An auditor shall receive compensation for services rendered as may be allowed by the court, to be paid out of the funds of the office of the custodian whose records were lost, mutilated, stolen, or destroyed. (b) If the court hears the petition, after receiving evidence, the court shall determine whether the purported duplicate is, in fact, the same as the original record which has been lost, mutilated, stolen, or destroyed, and it shall be discretionary with the court to order the whole or any part of such records established. The court shall give precedence to a petition filed pursuant to this article and hear the petition as speedily as possible. (c) The duplicates which are established pursuant to this Code section, as nearly as may be possible, shall specify and conform to the original book and pages of the same on which they originally existed. ARTICLE 2 24-11-20. (a) Upon the loss of any original pleading, declaration, bill of indictment, special presentment, accusation, or other office paper, a duplicate may be established instanter on motion. (b) As used in this article, the term 'office paper' means the instrument upon which a proceeding has been brought after the case has gone to trial. 24-11-21. (a) The owner, agent of the owner, or legal representative of the owner of any bond, bill, note, draft, check, or other evidence of indebtedness which has been lost or destroyed may establish a duplicate of the same in a summary manner by filing a petition with the judge of the probate court of the county of the residence of the alleged debtor or maker, if he or she is a resident of this state; and the judge of the probate court shall be deemed a judicial officer for the purpose of this Code section. The petition shall be sworn to by the party applying and shall contain as full and accurate a description as possible of the lost paper, of the loss and mode of loss, and of the 1282 JOURNAL OF THE HOUSE inability to find the same and why, along with a prayer for the establishment of a duplicate setting forth the duplicate desired to be established. (b) Upon the filing of a petition, the judge shall issue a citation or notice to the alleged debtor or maker requiring the debtor or maker to appear at a day not more than ten days distant and show cause, if he or she has any, why the duplicate should not be established in lieu of the lost original. The citation or notice shall be personally served in the manner provided in Code Section 9-11-4 at least five days before the time of the hearing. (c) If no successful defense is made at the time and place appointed, the judge shall proceed to establish, by an order entered on the petition, the duplicate so prayed to be established, which shall have all the effect of the original. The petition, notice, and order shall be entered in a book of record specially prepared for this purpose. (d) If the debtor or maker files a defense under oath to the effect that the original never existed as claimed, the judge shall decide the case, after giving the parties time for preparation and hearing, not to exceed 20 days. If the judge's decision is in favor of the applicant and no appeal is entered as provided in subsection (e) of this Code section, the decision shall be entered on the petition, and the duplicate so established shall have the same effect as an original. If the judge's decision is in favor of the alleged debtor or maker, the judge shall also enter his or her decision on the petition. In all cases, the proceedings shall be recorded as provided in subsection (c) of this Code section. (e) Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the proceedings provided for in this Code section is dissatisfied, such party may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court, the case shall be tried and determined as provided in Code Sections 2411-23 through 24-11-26. (f) This Code section shall not apply to evidences of indebtedness to which Title 11, the 'Uniform Commercial Code,' is applicable. 24-11-22. When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-11-21 does not reside in this state, the alleged debtor or maker may be made a party to the proceedings by publication, in a newspaper to be designated by the judge of the probate court, twice a month for two months. When the person has been made a party, this article shall apply in his or her case. 24-11-23. (a) The owner of a lost or destroyed paper which is not an office paper, as defined in Code Section 24-11-20, who desires to establish such paper shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a duplicate, in substance, of the WEDNESDAY, MARCH 17, 2010 1283 paper lost or destroyed, as nearly as he or she can recollect, which duplicate shall be sworn to by the petitioner, the petitioner's agent, or the petitioner's attorney. (b) The clerk shall issue a rule nisi in the name of the judge of the superior court calling upon the opposite party to show cause, if he or she has any, why the duplicate sworn to should not be established in lieu of the lost or destroyed original. If the respondent is found in this state, the rule nisi shall be served personally upon the respondent in the manner provided by Code Section 9-11-4 at least 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule nisi shall be served upon the respondent by publication in the manner provided in Code Section 9-11-4 before the final hearing of the rule nisi. 24-11-24. In a proceeding to establish lost papers under Code Section 24-11-23, no continuance shall be granted unless it appears reasonable and just to the court; nor shall a continuance be allowed to the same party more than once, except for providential cause. 24-11-25. When a rule nisi has been served as provided in Code Section 24-11-23, the court shall grant a rule absolute establishing the duplicate of the lost or destroyed paper sworn to, unless good and sufficient cause is shown why the rule absolute should not be granted. 24-11-26. When the duplicate of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the duplicate to the party who had it established, with a certified endorsement thereon of the day and term of the court when the rule absolute was granted, provided all costs of the proceeding have been paid. 24-11-27. (a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which a proceeding may be brought, the owner may institute a proceeding thereon as soon as the rule nisi has been issued as provided for in Code Section 24-11-23. The complaint shall set forth that the paper upon which the proceeding is based is lost or destroyed. In no case shall a judgment be entered in the proceeding until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other proceedings. (b) In a proceeding as provided for in subsection (a) of this Code section, production of the paper upon which the proceeding is based shall not be demanded until the time for rendition of judgment in the proceeding; at that time, if the plaintiff produces a duplicate of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section 24-11-26, it shall be taken and considered as the original. 1284 JOURNAL OF THE HOUSE (c) This Code section shall not apply to instruments to which Title 11, the 'Uniform Commercial Code,' is applicable. 24-11-28. In all proceedings for the purpose of establishing any lost or destroyed paper other than an office paper, as defined in Code Section 24-11-20, any person whose interest will be affected by the establishment of the lost paper shall, upon motion, by order of the court, be made a party respondent in the proceeding and shall be allowed all the rights of defense against the establishment of the paper as fully as if he or she was the maker of the lost paper. 24-11-29. Other than Code Section 24-11-20, this article shall not apply to lost or destroyed papers to which Title 11, the 'Uniform Commercial Code,' is applicable. CHAPTER 12 ARTICLE 1 24-12-1. (a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of this state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Community Health, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness. (b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or WEDNESDAY, MARCH 17, 2010 1285 any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding. 24-12-2. (a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in judicial and administrative proceedings is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research data has more than local significance, is of equal importance to all citizens of this state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of this state. (b) As used in this Code section, the term 'confidential raw research data' means medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which are gathered by or provided to a researcher: (1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and (2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results. The term shall not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study. (c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any judicial or administrative proceeding in any court except as otherwise provided in subsection (d) of this Code section. (d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or administrative proceeding as follows: (1) Confidential raw research data related to a person may be disclosed to that person or to another person on such person's behalf where the authority is otherwise specifically provided by law; (2) Confidential raw research data related to a person may be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant; (3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this 1286 JOURNAL OF THE HOUSE state if such data are required by law or regulation to be reported to such agency or department; (4) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, including, but not limited to, any judicial or administrative proceeding in which a research participant places his or her care, treatment, injuries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or administrative proceeding shall not be disclosed, unless the researcher or sponsor is a defendant in such proceeding; (5) Confidential raw research data may be disclosed in any judicial or administrative proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to such proceeding; and (6) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relevant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data, and admit confidential raw research data into evidence if the data are material to the defense or prosecution. (e) Nothing in this Code section shall be construed to permit, require, or prohibit the disclosure of confidential raw research data in any setting other than a judicial or administrative proceeding that is governed by the requirements of this title. (f) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made. ARTICLE 2 24-12-10. As used in this article, the term: (1) 'Confidential or privileged' means the protection afforded by law from unauthorized disclosure, whether the protection is afforded by law as developed and applied by the courts, by statute or lawful regulations, or by the requirements of the Constitutions of the State of Georgia or the United States. The term 'confidential or privileged' also includes protection afforded by law from compulsory process or testimony. (2) 'Disclosure' means the act of transmitting or communicating medical matter to a person who would not otherwise have access thereto. (3) 'Health care facility' means any institution or place in which health care is rendered to persons, which health care includes, but is not limited to, medical, psychiatric, acute, intermediate, rehabilitative, and long-term care. (4) 'Laws requiring disclosure' means laws and statutes of the State of Georgia and of the United States and lawful regulations issued by any department or agency of the State of Georgia or of the United States which require the review, analysis, or use of medical matter by persons not originally having authorized access thereto. The term WEDNESDAY, MARCH 17, 2010 1287 'laws requiring disclosure' also includes any authorized practice of disclosure for purposes of evaluating claims for reimbursement for charges or expenses under any public or private reimbursement or insurance program. (5) 'Limited consent to disclosure' means proper authorization given by or on behalf of a person entitled to protection from disclosure of medical matter and given for a specific purpose related to such person's health or related to such person's application for insurance or like benefits. (6) 'Medical matter' means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained, or communicated. (7) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing. (8) 'Physician' means any person lawfully licensed in this state to practice medicine and surgery pursuant to Chapter 34 of Title 43. 24-12-11. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made. 24-12-12. Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section 24-12-11 shall utilize such matter only in connection with the purpose or purposes of such disclosure and thereafter shall keep such matter in confidence. However, nothing in this article shall prohibit the use of such matter where otherwise authorized by law. 24-12-13. Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure. 24-12-14. Nothing in this article shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection with medical and public education. ARTICLE 3 24-12-20. AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-12-21. 1288 JOURNAL OF THE HOUSE 24-12-21. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Except as otherwise provided in this Code section: (1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS confidential information shall: (A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and (2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall: (A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity. (c) AIDS confidential information shall be disclosed to the person identified by that information or, if that person is a minor or incompetent person, to that person's parent or legal guardian. (d) AIDS confidential information shall be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian. (e) AIDS confidential information shall be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department. (f) The results of an HIV test shall be disclosed to the person, or that person's designated representative, who ordered such tests of the body fluids or tissue of another person. (g) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made. (h)(1) An administrator of an institution licensed as a hospital by the Department of Community Health or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Community Health: (A) The name and address of that patient; (B) That such patient has been determined to be infected with HIV; and WEDNESDAY, MARCH 17, 2010 1289 (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient. (2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of Community Health is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Community Health the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Community Health. (3) The Department of Community Health may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reasonably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Community Health or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection: (A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person; (B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and (C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely to have engaged in sexual intercourse or any other act determined by the Department of Community Health likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty. (i) Any health care provider authorized to order an HIV test may disclose AIDS confidential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or 1290 JOURNAL OF THE HOUSE (2) Has a legitimate need for that information in order to provide that health care service to that patient. (j) A health care provider or any other person or legal entity authorized but not required to disclose AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A health care provider or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor. (k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof. (l) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee shall be authorized to make such disclosure to the person at risk. (m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclosure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those designated employees may thereafter disclose to and provide for the disclosure of that information among such other employees of that physician, health care provider, or legal entity, but such disclosures among those employees shall only be authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is authorized or required to be made to that physician, health care provider, or legal entity. (n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made. (o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor. (p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be WEDNESDAY, MARCH 17, 2010 1291 AIDS confidential information except that such information does not permit the identification of any person. (q) A public safety agency or prosecuting attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-1166.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record. (r) Any person or legal entity required by an order of a court to disclose AIDS confidential information in the custody or control of such person or legal entity shall disclose that information as required by that order. (s) AIDS confidential information shall be disclosed as medical information pursuant to Code Section 24-12-1 or pursuant to any other law which authorizes or requires the disclosure of medical information if: (1) The person identified by that information: (A) Has consented in writing to that disclosure; or (B) Has been notified of the request for disclosure of that information at least ten days prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or (2) A superior court in an in camera hearing finds by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal. (t)(1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to: (A) A prosecutor in connection with a prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60; (B) Any party in a civil proceeding; or (C) A public safety agency or the Department of Community Health if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of that employee, and, for purposes of this subsection, the term 'petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph. (2) An order may be issued against a person or legal entity responsible for recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by 1292 JOURNAL OF THE HOUSE other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. (3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the information is sought. The disclosure to the parties of that person's true name shall be communicated confidentially, in documents not filed with the court. (4) Before granting any order under this subsection, the court shall provide the person concerning whom the information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party. (5) Court proceedings as to disclosure of AIDS confidential information under this subsection shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court. (6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspection that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. (7) The record of the proceedings under this subsection shall be sealed by the court. (8) An order may not be issued under this subsection against the Department of Community Health, any county board of health, or any anonymous HIV test site operated by or on behalf of that department. (u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct. (v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required by Code Section 42-1-6, if AIDS or HIV infection is the communicable disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to 'AIDS confidential information,' 'HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV. (w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care WEDNESDAY, MARCH 17, 2010 1293 service to that patient and as a result of that provision of service that health care provider: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or (2) Has a legitimate need for that information in order to provide that health care service to that patient. (x) Neither the Department of Community Health nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is authorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process. (y) The protection against disclosure provided by Code Section 24-12-20 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his or her heirs, successors, assigns, or a beneficiary of such person, including, but not limited to, an executor, administrator, or personal representative of such person's estate: (1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim; (2) Places such person's care and treatment, the nature and extent of his or her injuries, the extent of his or her damages, his or her medical condition, or the reasons for his or her death at issue in any judicial proceeding; or (3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan. (z) AIDS confidential information may be collected, used, and disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33. (aa) In connection with any judicial proceeding in which AIDS confidential information is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confidential information, establish a chain of custody relating thereto, or otherwise testify regarding that information, including, but not limited to, testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Community Health or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60. (bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, developmentally disabled, or alcoholic or drug dependent, or as a part of any proceeding or procedure authorized or required pursuant to Title 29, regarding the guardianship of a person or that person's estate, as follows: 1294 JOURNAL OF THE HOUSE (1) Any person who files or transmits a petition or other document which discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page which contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically contains AIDS confidential information; (2) AIDS confidential information shall only be disclosed pursuant to this subsection after disclosure to and with the written consent of the person identified by that information, or that person's parent or guardian if that person is a minor or has previously been adjudicated as being incompetent, or by order of court obtained in accordance with subparagraph (C) of paragraph (3) of this subsection; (3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which discloses AIDS confidential information without obtaining consent as provided in paragraph (2) of this subsection, the court receiving such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or: (A) Return such petition or other document to the person who filed or transmitted same, with directions against further filing or transmittal of such information in connection with such proceeding or procedure except in compliance with this subsection; (B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; or (C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney personally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardianship proceeding under Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service. (ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose of the hearing shall be to determine whether there is clear and convincing evidence of a compelling need for the AIDS confidential information sought in connection with the particular proceeding or procedure which cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information WEDNESDAY, MARCH 17, 2010 1295 and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; and (4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been disclosed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed information to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential information. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of medical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, provided that the identity of the person identified by such information is not thereby revealed. ARTICLE 4 24-12-30. (a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and shall not be disclosed except: (1) To members of the library staff in the ordinary course of business; (2) Upon written consent of the user of the library materials or the user's parents or guardian if the user is a minor or ward; or (3) Upon appropriate court order or subpoena. (b) Any disclosure authorized by subsection (a) of this Code section or any unauthorized disclosure of materials made confidential by subsection (a) of this Code section shall not in any way destroy the confidential nature of that material, except for the purpose for which an authorized disclosure is made. A person disclosing material as authorized by subsection (a) of this Code section shall not be liable therefor. 24-12-31. No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The confidentiality provided by this Code section shall be waived to the extent that the veterinarian's client places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any 1296 JOURNAL OF THE HOUSE judicial proceeding. As used in this Code section, the term 'client' means the owner of the animal; or if the owner of the animal is unknown, client means the person who presents the animal to the veterinarian for care and treatment. CHAPTER 13 ARTICLE 1 24-13-1. A witness shall not be arrested on any civil process while attending any court to which he or she is subpoenaed or otherwise required to attend as a witness or while going to or returning from such court. An officer who holds such witness imprisoned after seeing his or her subpoena or being satisfied of the fact that such person was a witness shall be liable for false imprisonment. 24-13-2. A witness in making a claim or proof of a claim for witness fees for attendance shall indicate the date on which he or she attended and, in the event of a continuance, shall not claim or receive witness fees for any day after the date to which the docket shows the proceeding was continued nor for any day before the continuance was granted on which he or she did not attend. 24-13-3. (a) A witness shall not receive any witness fees for attendance on a subpoena if such witness is absent from the proceeding, or if the proceeding is continued at any time due to his or her absence, where such absence did not arise from providential cause. (b) No witness shall receive witness fees from both parties in the same proceeding; the fees of a witness for both parties shall be apportioned equally between the parties unless the costs are all taxed against one party. 24-13-4. A witness who claims more than is due to such witness shall forfeit all witness fees and shall pay to the injured party, in addition thereto, four times the amount so unjustly claimed. 24-13-5. When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his or her possession to be used as testimony on the trial of any cause, if the person makes oath that he or she cannot produce the books required without suffering a material injury in his or her business and also makes or causes to be made out a full transcript from the books of all the accounts and dealings with the opposite party, has the transcript examined and sworn to by an impartial witness, and produces the same in court, the witness shall be deemed to have complied with the notice to produce or subpoena for the production of evidence. WEDNESDAY, MARCH 17, 2010 1297 24-13-6. When the transcript provided for in Code Section 24-13-5 is produced in court, if the adverse party is dissatisfied therewith and swears that he or she believes that the books contain entries material to the adverse party which do not appear in the transcript, the court shall grant him or her a commission directed to certain persons named by the parties and approved by the court. The commission shall cause the person with possession of the books to produce the books required with the person swearing that the books produced are all that he or she has or had that answer to the description in the subpoena or notice to produce. The commission shall examine the books and transmit to the court a full and fair statement of the accounts and entries between the parties under their hand. When received by the court, the statement of the commission shall be deemed a compliance with the notice to produce or subpoena for the production of evidence. 24-13-7. Parties interested and participating in the trial of all cases tried in the courts are authorized and empowered, on the order of the court trying the case, to withdraw from the court and record of the case all original deeds, maps, blueprints, notes, papers, and documents belonging to the parties and which are introduced in evidence on the trial, on substituting therefor, when required by the court, duplicates thereof, verified as such by the parties or their agents, representatives, or attorneys. However, if any such deeds, maps, blueprints, notes, papers, or documents shall be attacked by any party to the case as forgeries, or as not being genuine originals, it shall be in the discretion of the court to require the original deeds, maps, blueprints, notes, papers, or documents so attacked to remain on file in the court as a part of the record in the case. ARTICLE 2 24-13-20. This article shall apply to all civil proceedings and, insofar as consistent with the Constitution, to all criminal proceedings. 24-13-21. (a) As used in this Code section, the term 'subpoena' includes a witness subpoena and a subpoena for the production of evidence. (b) A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena. (c) The clerk of court shall make subpoenas in blank available on demand by electronic or other means to parties or their counsel or to the grand jury. (d) An attorney who is counsel of record in a proceeding may issue and sign a subpoena obtained by electronic or other means from the clerk of court as an officer of a court for any deposition, hearing, or trial held in conjunction with such proceeding. 1298 JOURNAL OF THE HOUSE (e) A district attorney may issue, and upon the request of the grand jury shall issue, a subpoena in grand jury proceedings. (f) A subpoena shall be completed prior to being served. (g) Subpoenas are enforceable as provided in Code Section 24-13-26. (h) If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days imprisonment, or both. 24-13-22. At the request of any party, subpoenas for attendance at a hearing or trial shall be issued under the authority of the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within this state. 24-13-23. (a) A subpoena may also command the person to whom it is directed to produce the evidence designated therein. (b) The court, upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may: (1) Quash or modify the subpoena if it is unreasonable and oppressive; or (2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the evidence. 24-13-24. A subpoena may be served by any sheriff, by his or her deputy, or by any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service. Service upon a party may be made by serving his or her counsel of record. 24-13-25. Except as provided in Code Section 24-13-28, the witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of witness fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, shall be accompanied by tender of the witness fee for one day's attendance plus mileage of 45 per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of witness fees and mileage may be made by United States currency, postal money order, cashier's check, certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of this state, or an officer, agency, or political subdivision thereof, or an accused in a criminal proceeding, witness fees and mileage need not be tendered. WEDNESDAY, MARCH 17, 2010 1299 24-13-26. (a) Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required. (b) The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required. (c) When evidence is unsuccessfully sought, secondary evidence thereof shall be admissible. 24-13-27. Where a party desires to compel production of evidence in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfected in accordance with Code Section 24-13-24, but no witness fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by Code Section 24-13-26, and Code Section 24-13-23 shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or the party's attorney, and shall be directed to the opposite party or his or her attorney. 24-13-28. (a) As used in this Code section, the term: (1) 'Director' means the appropriate chief of police, sheriff, director of public safety of a college or university, local fire chief, director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, the commissioner of natural resources, the superintendent of a correctional institution, or the state fire marshal. (2) 'Law enforcement officer' means any member of a municipal or county police force, any deputy sheriff, any campus policeman as defined in Code Section 20-8-1, any member of a local fire department, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, any person employed by the Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office. (3) 'Regular duty hours' means the daily shift of duty to which a law enforcement officer is assigned and shall not include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday leave, or any other paid or unpaid leave status established pursuant to the personnel regulations or scheduling practices of the employing agency. 1300 JOURNAL OF THE HOUSE (b) Any law enforcement officer who shall be required by subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, grand jury, hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director or his or her designee shall certify that the claimant has not received any overtime pay for his or her attendance and that his or her attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such law enforcement officer shall claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the law enforcement officer may have received requiring such officer to appear in such court or before the grand jury on any one day. (c)(1) Except as provided in paragraph (2) of this subsection, any law enforcement officer who shall be required by subpoena to attend any court of this state with respect to any civil proceeding, as a witness concerning any matter relative to the law enforcement duties of such law enforcement officer during any hours except the regular duty hours to which the law enforcement officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $25.00 per diem. Any such law enforcement officer shall also be entitled to the mileage allowance provided in Code Section 24-13-25 when such law enforcement officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify such statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director or his or her designee shall certify that the claimant has not received any overtime pay for the law enforcement officer's attendance and that such law enforcement officer's attendance was required during hours other than regular duty hours. (2) Any law enforcement officer covered by paragraph (1) of this subsection who is required by subpoena to attend any court with respect to any civil proceeding, as a witness concerning any matter which is not related to the duties of such law enforcement officer, shall be compensated as provided in Code Section 24-13-25. WEDNESDAY, MARCH 17, 2010 1301 (d) The fee specified by subsections (b) and (c) of this Code section shall not be paid if the law enforcement officer receives any overtime pay for time spent attending such court pursuant to the subpoena. 24-13-29. No member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial or to produce evidence while the General Assembly is in regular or extraordinary session. ARTICLE 3 24-13-60. (a) When a prisoner confined in any state prison, county correctional institution, or other penal institution under the jurisdiction of the Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any judicial proceeding in any court of record in this state or when it is desired that such person stand trial on an indictment or accusation charging the prisoner with commission of a felony or misdemeanor, the judge of the court wherein the proceeding is pending shall be authorized to and shall issue an ex parte order, directed to the commissioner of corrections, requiring the prisoner's delivery to the sheriff of the county where the prisoner is desired as a witness or accused. The sheriff or his or her deputies shall take custody of the prisoner on the date named in the order, safely keep the prisoner pending the proceeding, and return him or her to the original place of detention after the prisoner's discharge by the trial judge. (b) If the prisoner was desired as a witness by this state in a criminal proceeding or if the prisoner's release to the sheriff was for the purpose of standing trial on criminal charges, the county wherein the proceeding was pending shall pay all expenses of transportation and keeping, including per diem and mileage of the sheriff, jail fees, and any other proper expense approved by the trial judge. (c) If the prisoner was desired as a witness by the accused in a criminal proceeding or by either party to a civil proceeding, the costs and expenses referred to in subsection (b) of this Code section shall be borne by the party requesting the prisoner as a witness. The court shall require a deposit of money sufficient to defray same, except where the judge, after examining into the matter, determines that the prisoner's presence is required by the interests of justice and that the party requesting it is financially unable to make the deposit, in which case the expenses shall be taxed as costs of court. (d) If a prisoner under a death sentence is needed as a witness for either the prosecution or the defense in any felony case, the requesting party may interview the proposed witness. Following such interview, the requesting party may move for a writ of habeas corpus ad testificandum. Such motion shall be accompanied by a proffer of the testimony of the proposed witness. The requesting party shall make such motion and proffer as soon as possible but shall not make such motion later than 20 days prior to the date of the trial. Nothing in this Code section shall limit the right of a party from 1302 JOURNAL OF THE HOUSE presenting a material witness at a hearing or trial and to have compulsory process for that purpose. 24-13-61. Any judge of the superior court may issue an order to any officer having a lawfully imprisoned person in his or her custody, requiring the production of such person before the court for the purpose of giving evidence in any criminal cause pending therein, without any formal application or writ of habeas corpus ad testificandum for that purpose. 24-13-62. The writ of habeas corpus ad testificandum may be issued by the superior court to cause the production in court of any witness under legal imprisonment. ARTICLE 4 24-13-90. This article shall be known and may be cited as 'The Uniform Act to Secure the Attendance of Witnesses from Without the State.' 24-13-91. As used in this article, the term: (1) 'Penal institution' means a jail, prison, penitentiary, house of correction, or other place of penal detention. (2) 'State' means any state or territory of the United States and the District of Columbia. (3) 'Summons' means a subpoena, order, or other notice requiring the appearance of a witness. (4) 'Witness' means a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal prosecution or proceeding held by the prosecution or the defense, including a person who is confined in a penal institution in any state. 24-13-92. (a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury investigation has commenced or is about to commence, that a person within this state is a material witness in such prosecution or grand jury investigation, and that the witness's presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which the person is found, such judge shall fix a time and place for a hearing and shall make WEDNESDAY, MARCH 17, 2010 1303 an order directing the witness to appear at a time and place certain for the hearing. The witness shall at all times be entitled to counsel. (b) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence will give to such witness protection from arrest and the service of civil and criminal process, the judge shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing, the certificate shall be prima-facie evidence of all the facts stated therein. (c) If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him or her for the hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima-facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state. (d) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of 45 a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $25.00 for each day that the witness is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for in Code Section 24-13-26. 24-13-93. (a) A judge of a state court of record in another state which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state may certify that there is a criminal proceeding or investigation by a grand jury or a criminal proceeding pending in the court, that a person who is confined in a penal institution in this state is a material witness in the proceeding or investigation, and that the witness's presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined and upon notice to the Attorney General, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him or her at the hearing. (b) If at the hearing the judge determines that the witness is material and necessary, that the witness attending and testifying are not adverse to the interest of this state or to the health and legal rights of the witness, that the laws of the state in which the witness is required to testify will give the witness protection from arrest and the service of civil 1304 JOURNAL OF THE HOUSE and criminal process because of any act committed prior to the witness's arrival in the state under the order, and that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which the witness will be required to pass, the judge shall issue an order, with a copy of the certificate attached, directing the witness to attend and testify, directing the person having custody of the witness to produce the witness in the court where the criminal proceeding is pending or where the grand jury investigation is pending at a time and place specified in the order, and prescribing such conditions as the judge shall determine. The judge, in lieu of directing the person having custody of the witness to produce the witness in the requesting jurisdiction's court, may direct and require in the court's order that the requesting jurisdiction shall come to the Georgia penal institution in which the witness is confined to accept custody of the witness for physical transfer to the requesting jurisdiction; that the requesting jurisdiction shall provide proper safeguards on the witness's custody while in transit; that the requesting jurisdiction shall be liable for and shall pay all expenses incurred in producing and returning the witness, including, but not limited to, food, lodging, clothing, and medical care; and that the requesting jurisdiction shall promptly deliver the witness back to the same or another Georgia penal institution as specified by the Department of Corrections at the conclusion of his or her testimony. (c) The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his or her testimony, proper safeguards on his or her custody, and proper financial reimbursement or prepayment by the requesting jurisdiction of all expenses incurred in the production and return of the witness and may prescribe such other conditions as the judge thinks proper or necessary. If the judge directs and requires the requesting jurisdiction to accept custody of the witness at the Georgia penal institution in which the witness is confined and to deliver the witness back to the same or another Georgia penal institution at the conclusion of the witness's testimony, no prepayment of expenses shall be necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed. (d) This Code section shall not apply to any person in this state confined as insane or mentally ill or under sentence of death. 24-13-94. (a) If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to WEDNESDAY, MARCH 17, 2010 1305 assure attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. (b) If the witness is summoned to attend and testify in this state, the witness shall be tendered the sum of 45 a mile for each mile by the ordinarily traveled route to and from the court where the prosecution is pending and $25.00 for each day that the witness is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state for a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for in Code Section 24-13-26. 24-13-95. (a) If a person confined in a penal institution in any other state is a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investigation by a grand jury or a criminal proceeding pending in the court, that a person who is confined in a penal institution in the other state is a material witness in the proceeding or investigation, and that the witness's presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the confined prisoner, and a notice shall be given to the attorney general of the state in which the prisoner is confined. (b) The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined. 24-13-96. (a) If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state, such person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons. (b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons. 24-13-97. This article shall be interpreted and construed so as to effectuate its general purpose to make uniform the laws of the states which enact it and shall be applicable only to such states as shall enact reciprocal powers to this state relative to the matter of securing attendance of witnesses as provided in this article. 1306 JOURNAL OF THE HOUSE ARTICLE 5 24-13-110. This article shall be known and may be cited as the 'Uniform Foreign Depositions Act.' 24-13-111. Whenever any mandate, writ, or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement such court of record is required to take the testimony of a witness in this state, such witness may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state. 24-13-112. This article shall be interpreted and construed so as to effectuate its general purposes to make uniform the laws of those states which enact it. ARTICLE 6 24-13-130. (a)(1) At any time after an accused has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the accused, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a prospective material witness of a party be taken by deposition and that any designated evidence not privileged be produced at the same time and place. (2) At any time after an accused has been charged with an offense of child molestation, aggravated child molestation, or physical or sexual abuse of a child, upon motion of the state or the accused, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of any physician whose testimony is relevant to such charge be taken by deposition and that any designated evidence not privileged be produced at the same time and place. (b) The court shall not order the taking of the witness's testimony, except as provided in paragraph (2) of subsection (a) of this Code section, unless it appears to the satisfaction of the court that the testimony of the witness is material to the proceeding and the witness: (1) Is in imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave this state and there are reasonable grounds to believe that such witness will be unable to attend the trial; (4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or WEDNESDAY, MARCH 17, 2010 1307 (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention. (c) A motion to take a deposition of a material witness, or a physician as provided in paragraph (2) of subsection (a) of this Code section, shall be verified and shall state: (1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted; (4) That the testimony of the witness is material to the proceeding or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section. (d) A motion to take a deposition shall be filed in the court having jurisdiction to try the accused for the offense charged; provided, however, that if the accused is charged with multiple offenses, only the court having jurisdiction to try the most serious charge against the accused shall have jurisdiction to hear and decide the motion to take a deposition. (e) The party moving the court for an order pursuant to this Code section shall give not less than one day's notice of the hearing to the opposite party. A copy of the motion shall be sent to the opposing party or his or her counsel by any means which will reasonably ensure timely delivery, including transmission by facsimile or by digital or electronic means. A copy of the notice shall be attached to the motion and filed with the clerk of court. (f) If the court is satisfied that the examination of the witness is authorized by law and necessary, the court shall enter an order setting a time period of not more than 30 days during which the deposition shall be taken. (g) On motion of either party, the court may designate a judge who shall be available to rule on any objections to the interrogation of the witness or before whom the deposition shall be taken. The judge so designated may be a judge of any court of this state who is otherwise qualified to preside over the trial of criminal proceedings in the court having jurisdiction over the offense charged. 24-13-131. (a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. (b) On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. (c) The officer having custody of an accused shall be notified of the time and place set for the examination and shall, unless the accused waives in writing the right to be present, produce the accused at the examination and keep the accused in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the accused's removal from the place where the deposition 1308 JOURNAL OF THE HOUSE is being taken, the accused persists in conduct which would justify exclusion from that place. (d) An accused not in custody shall have the right to be present at the examination; but failure of the accused to appear, absent good cause shown, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right. (e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55. 24-13-132. (a) If an accused is financially unable to employ counsel, the court shall appoint counsel as provided in Chapter 12 of Title 17, unless the accused elects to proceed without counsel. (b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition shall be paid by the state by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys. (c) Depositions taken at the instance of an accused shall be paid for by the accused; provided, however, that, whenever a deposition is taken at the instance of an accused who is eligible for the appointment of counsel as provided in Chapter 12 of Title 17, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the accused and the accused's attorney for attendance at the examination, not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, be paid for out of the fine and forfeiture fund of the county where venue is laid. 24-13-133. Except as provided in Code Section 24-13-137, a deposition shall be taken and filed in the manner provided in civil proceedings, provided that (1) in no event shall a deposition be taken of an accused party without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the accused, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil proceedings. Such request shall constitute a waiver by the accused of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal proceeding. 24-13-134. The state or the accused shall make available to each other, for examination and use at the taking of a deposition pursuant to this article, any statement of the witness being WEDNESDAY, MARCH 17, 2010 1309 deposed which is in the possession of the state or the accused and which would be required to be made available if the witness were testifying at the trial. 24-13-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering of all of it which is relevant to the part offered, and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying. 24-13-136. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil proceedings. 24-13-137. (a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a stenographic record. The audio-visual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be made available for viewing and copying only to the prosecuting attorney and accused's attorney prior to trial. An audio-visual recording made pursuant to this Code section shall not be available for inspection or copying by the public until such audio-visual recording has been admitted into evidence during a trial or hearing in the case in which such deposition is made. (b) An audio-visual recording made pursuant to this Code section may be admissible at a trial or hearing as an alternative to the stenographic record of the deposition. (c) A stenographic record of the deposition contemplated in this Code section shall be made pursuant to Code Section 9-11-28. 24-13-138. Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court. 24-13-139. It is the intent of the General Assembly that depositions shall be taken in criminal proceedings only in exceptional circumstances when it is in the interests of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this 1310 JOURNAL OF THE HOUSE article for the purpose of harassment or delay, such conduct may be punished as contempt of court. ARTICLE 7 24-13-150. Superior courts may entertain proceedings for the perpetuation of testimony in all proceedings in which the fact to which the testimony relates cannot immediately be made the subject of investigation at law and in which, for any cause, the common-law proceeding authorized under this title is not as available, or as completely available, as a proceeding in equity. 24-13-151. A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate. 24-13-152. The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached. 24-13-153. Testimony taken in the proceedings contemplated under Code Section 24-13-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not. 24-13-154. The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. CHAPTER 14 ARTICLE 1 24-14-1. The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation is essential to a party's case or defense, the proof of such negation or negative affirmation shall lie on the party so affirming it. 24-14-2. What amount of evidence will change the onus or burden of proof shall be a question to be decided in each case by the sound discretion of the court. WEDNESDAY, MARCH 17, 2010 1311 24-14-3. Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify a verdict of guilty. 24-14-4. In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts to which they testified, the probability or improbability of their testimony, their interest or want of interest, and their personal credibility so far as the same may legitimately appear from the trial. The jury may also consider the number of the witnesses, though the preponderance is not necessarily with the greater number. 24-14-5. Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may be false, but whether there is sufficient evidence to satisfy the mind and conscience beyond a reasonable doubt. 24-14-6. To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused. 24-14-7. The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply when two parties have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not. 24-14-8. The testimony of a single witness is generally sufficient to establish a fact. However, in certain cases, including prosecutions for treason, prosecutions for perjury, and felony cases where the only witness is an accomplice, the testimony of a single witness shall not be sufficient. Nevertheless, corroborating circumstances may dispense with the necessity for the testimony of a second witness, except in prosecutions for treason. 1312 JOURNAL OF THE HOUSE 24-14-9. In arriving at a verdict, the jury, from facts proved, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved. ARTICLE 2 24-14-20. Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience. 24-14-21. Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof. 24-14-22. If a party has evidence in such party's power and within such party's reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted. 24-14-23. In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, the party shall be presumed to admit the propriety of the acts mentioned in the letter of the party's correspondent and to adopt them. 24-14-24. In any proceeding to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, where such proceeding is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation or railroad company, there shall be a presumption that any such occupancy of the railroad right of way is with the permission of the railroad corporation or railroad company. Such presumption may be rebutted. 24-14-25. (a) As used in this Code section: WEDNESDAY, MARCH 17, 2010 1313 (1) 'Bank' means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) 'Check' means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as 'share draft' or 'negotiable order of withdrawal.' (b) In any dispute concerning payment by means of a check, a duplicate of the check produced in accordance with Code Section 24-10-1003, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a duplicate thereof produced in the same manner, shall create a presumption that the check has been paid. 24-14-26. (a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. (b) Estoppels include presumptions in favor of: (1) A record or judgment unreversed; (2) The proper conduct of courts and judicial officers acting within their legitimate spheres; (3) The proper conduct of other officers of the law after the lapse of time has rendered it dangerous to open the investigation of their acts in regard to mere formalities of the law; (4) Ancient deeds and other instruments more than 30 years old, when they come from proper custody and possession has been held in accordance with them; (5) Recitals in deeds, except payment of purchase money, as against a grantor, sui juris, acting in his or her own right, and his or her privies in estate, in blood, and in law; (6) A landlord's title as against his or her tenant in possession; (7) Solemn admissions made in judicio; or (8) Admissions upon which other parties have acted, either to their own injury or to the benefit of the persons making the admissions. Estoppels also include all similar cases where it would be more unjust and productive of evil to hear the truth than to forbear investigation. 24-14-27. (a) Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party's acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge. (b) Where both parties have equal knowledge or equal means of obtaining the truth, there shall be no estoppel. 24-14-28. Trustees and other representatives with custody of papers have ample opportunities to 1314 JOURNAL OF THE HOUSE discover defects in the title of property in their care and shall be estopped from setting up title adverse to their trust. 24-14-29. In order for an equitable estoppel to arise, there shall generally be some intended deception in the conduct or declarations of the party to be estopped, or such gross negligence as to amount to constructive fraud, by which another has been misled to his or her injury. ARTICLE 3 24-14-40. (a) Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required. (b) In civil proceedings, parties shall generally be relieved from the onus of proving identity, as it is a fact generally more easily disproved than established. 24-14-41. An officer de facto may be proved to be such by his or her acts, without the production of his or her commission or appointment. 24-14-42. A judgment shall be admissible between any parties to show the fact of the rendition thereof; between parties and privies it is conclusive as to the matter directly in issue, until reversed or set aside. 24-14-43. Stern's United States calendar and Stafford's office calendar shall be admissible in proof of dates for the space of time covered by them respectively without further proof. 24-14-44. In all civil proceedings where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person. 24-14-45. (a) In addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or of determining the present value of future due earnings or amounts in proceedings involving permanent personal injuries, there shall be admissible in evidence, as competent evidence in such proceedings, either or both of the following mortality tables: (1) The Commissioners 1958 Standard Ordinary Mortality Table; or WEDNESDAY, MARCH 17, 2010 1315 (2) Annuity Mortality Table for 1949, Ultimate. (b) In addition to the provisions set out in subsection (a) of this Code section, the jury or court shall be authorized in cases of wrongful death or permanent personal injuries to use any table determined by the jury or court, whichever is the trier of fact, to be accurate in showing the value of annuities on single lives according to the mortality tables listed in subsection (a) of this Code section. (c) The admissible evidence provided for in subsections (a) and (b) of this Code section shall not be the exclusive method which the jury or court is required to use in such proceedings but shall be supplementary to other lawful and allowable evidence and methods for such purpose. 24-14-46. All inspection certificates issued by the United States Department of Agriculture over the signature of any inspector thereof which are admissible in courts of the United States as prima-facie evidence of the truth of the statements therein contained shall be admissible in all courts of the State of Georgia as prima-facie evidence of the truth of the statements therein contained. 24-14-47. (a) A written finding of presumed death made by officers or employees of the United States authorized to make such findings pursuant to any law of the United States or a duly certified copy of such finding shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and the date, circumstances, and place of his or her disappearance. (b) An official written report, record, or duly certified copy thereof that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, made by an officer or employee of the United States authorized by any law of the United States to make the same shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, as the case may be. (c) For the purposes of subsections (a) and (b) of this Code section, any finding, report, record, or duly certified copy thereof purporting to have been signed by an officer or employee of the United States as is described in this Code section shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority." SECTION 3. Code Section 4-11-17 of the Official Code of Georgia Annotated, relating to filing a report regarding animal cruelty, is amended by revising subsection (a) as follows: "(a) Notwithstanding Code Section 24-9-29 24-12-31 or any other provision of law to the contrary, any licensed veterinarian or veterinary technician having reasonable cause 1316 JOURNAL OF THE HOUSE to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or an act prohibited under Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal." SECTION 4. Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to provisions applicable to the Department of Banking and Finance and financial institutions generally, is amended by revising Code Section 7-1-63, relating to retention of records, as follows: "7-1-63. (a) The department shall issue regulations classifying records kept by financial institutions and prescribing the period, if any, for which records of each class shall be retained and the form in which such records shall be maintained. Such periods may be permanent or for a lesser term of years. In issuing such regulations, consideration shall be given to the objectives of this chapter and to: (1) Evidentiary effect in actions at law and administrative proceedings in which the production of records of financial institutions might be necessary or desirable; (2) State and federal statutes of limitation applicable to such actions or proceedings; (3) Availability of information contained in the records of the financial institution from other sources; (4) Requirements of electronic systems of transferring funds; and (5) Other pertinent matters; so that financial institutions will be required to retain records for as short a period as is commensurate with interests of customers, shareholders, and the people of this state. (b) The regulations of the department shall not require financial institutions to maintain originals of checks or items for the payment of money or original computer tapes or original records with respect to accounts which have been inactive for a period of 12 successive months. Where a financial institution employs computers, its records may consist of legible products of computer operations. (c) Any copy of a record or of a reproduction of a record stored in an electronic or photographic medium permitted to be kept in lieu of the original, under this Code section or the regulations of the department, including legible products of computer operations, shall be admissible in evidence as though it were the original." SECTION 5. Said article is further amended by revising Code Section 7-1-94, relating to evidential value of results of examinations or investigations, as follows: "7-1-94. (a) The When the record of any examination or investigation of a financial institution by the department or the report by the examiner or employee of the department who conducted such examination or investigation or a copy of either, when duly certified by WEDNESDAY, MARCH 17, 2010 1317 the department, shall, in the absence of any applicable privilege, be is admissible and constitute prima-facie in evidence of facts therein stated, but not of conclusions drawn by the examiner from such facts, in any action at law or equity in which one of the parties is the department or any officer or employee thereof, either in his official capacity or otherwise, or the financial institution subjected to examination or investigation under Title 24, the department, with the permission of the court, may edit out of the record or report any portion thereof which is not pertinent to the issue in question before the court or which would tend unnecessarily to affect adversely the public confidence in the financial institution. (b) The department, with the permission of the court, may edit out of any report to be admitted as evidence pursuant to subsection (a) of this Code section any portion of the report which is not pertinent to the issue in question before the court or which would tend unnecessarily to affect adversely the public confidence in the financial institution." SECTION 6. Said article is further amended by revising Code Section 7-1-95, relating to the admissibility of department's certificates and copies, as follows: "7-1-95. When duly certified by the department, a copy of any book, paper, or document on file with it or a certificate under its seal shall be prima-facie evidence of the facts therein stated in any court of law or equity or in any investigation or proceeding authorized by law or for any other purpose and shall be admissible without any additional authentication; but in any proceeding the court or public body having jurisdiction may, on cause shown, require production of the original Reserved." SECTION 7. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, is amended by revising Code Section 8-3-6, relating to resolution as conclusive evidence of authority's establishment and authority, as follows: "8-3-6. In any action or proceeding involving the validity or enforcement of, or otherwise relating to, any contract of an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this article upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution shall be deemed sufficient if it declares that there is need for an authority and finds in substantially such terms as appear in subsection (a) of Code Section 8-3-5, no further detail being necessary, that either or both of the conditions enumerated in that subsection exist in the city or county, as the case may be. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any action or proceeding." 1318 JOURNAL OF THE HOUSE SECTION 8. Said article is further amended by revising Code Section 8-3-104, relating to resolution as conclusive evidence of an authority's establishment, as follows: "8-3-104. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the regional housing authority, the regional housing authority shall be conclusively deemed to have become created as a public body corporate and politic and to have become established and authorized to transact business and exercise its powers under this part upon proof of the adoption of a resolution by the governing body of each of the counties creating the regional housing authority declaring the need for the regional housing authority. Each such resolution shall be deemed sufficient if it declares that there is need for the regional housing authority and finds in substantially such terms as appear in paragraphs (1) and (2) of subsection (a) of Code Section 8-3102, no further detail being necessary, that the conditions enumerated in those paragraphs exist. A copy of such resolution of the governing body of a county duly certified by the clerk of such county shall be admissible in evidence in any suit, action, or proceeding." SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-10-6, relating to juror's private knowledge, as follows: "9-10-6. A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties unless sworn and examined as a witness in the case." SECTION 10. Said title is further amended by revising Code Section 9-10-9, relating to jurors' affidavits permitted to uphold but not impeach a verdict, as follows: "9-10-9. The affidavits of jurors may be taken to sustain but not to impeach their verdict Reserved." SECTION 11. Said title is further amended by revising Code Section 9-11-44, relating to official records, as follows: "9-11-44. (a) Proof of lack of record. A written statement, signed by an officer having the custody of an official record or by his deputy, that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate attesting to his custody of the official record relating to such matters, is admissible as evidence that the records of his office contain no such record or entry. WEDNESDAY, MARCH 17, 2010 1319 (b) Other proof. This Code section does not prevent the proof of official records or of entry or lack of entry therein by any method authorized by any applicable statutes or by the rules of evidence at common law Reserved." SECTION 12. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-1-157, relating to collecting and testing samples of petroleum products and analyses as evidence, as follows: "10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist. The state oil chemist shall certify, under oath, an analysis of each such sample and such certificate shall be competent evidence of the composition of such petroleum product in any legal proceeding." SECTION 13. Said title is further amended by revising Code Section 10-1-188, relating to certified analyses as evidence, as follows: "10-1-188. A copy of the analysis made by the state oil chemist of any brake fluid certified by him shall be admitted as evidence in any court of this state on the trial of any issue involving the analysis, standards, or specifications of brake fluid as defined and covered by this part Reserved." SECTION 14. Said title is further amended by revising Code Section 10-1-208, relating to certified analyses as evidence, as follows: "10-1-208. A copy of the analysis made by the state oil chemist of the Department of Agriculture of any antifreeze and certified by him shall be admitted as evidence in any court of this state upon trial of any issue involving the merits of antifreeze as defined and covered by this part Reserved." SECTION 15. Said title is further amended by revising Code Section 10-1-444, relating to registration of marks, certificate, and use as evidence, as follows: "10-1-444. Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the state and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the 1320 JOURNAL OF THE HOUSE trademark or service mark; the date claimed for the first use of the trademark or service mark anywhere and the date claimed for the first use of the trademark or service mark in this state; the class of goods or services and a description of the goods or services on which the trademark or service mark is used; a reproduction of the trademark or service mark; the registration date; and the term of the registration. Any certificate of registration issued by the Secretary of State under the provisions of this Code section or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of such trademark or service mark in any action or judicial proceedings in any court of this state." SECTION 16. Said title is further amended by revising Code Section 10-4-15, relating to inspections of warehouses and reports as evidence, as follows: "10-4-15. In addition to the general powers conferred by Code Section 10-4-5, the Commissioner and his or her duly authorized agents or employees shall have full power and authority to inspect public warehouses operated under this article, to inventory, and to check the agricultural products stored so as to ascertain the conditions of such products and to determine whether or not the business is conducted in such a manner as to protect the interest of persons who are storing or may store such products. The inspectors shall make sworn reports of their findings to the Commissioner, who shall hold and keep such reports in the records of his or her office. Such reports when sworn to shall be public records and shall be admissible as evidence. Such inspections shall be made as often as deemed necessary by the Commissioner, but not less than twice during any license period and, in addition, as often as requested by the warehouseman." SECTION 17. Said title is further amended by revising Code Section 10-6-64, relating to agent may be a witness, credibility, and admissibility of agent's declarations, as follows: "10-6-64. The agent shall be a competent witness either for or against his principal. His interest shall go to his credit. The declarations of the agent as to the business transacted by him shall not be admissible against his principal unless they were a part of the negotiation constituting the res gestae, or else the agent is dead Reserved." SECTION 18. Said title is further amended by revising Code Section 10-14-27, relating to evidence in civil or criminal actions under Chapter 14, as follows: "10-14-27. (a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this chapter, shall WEDNESDAY, MARCH 17, 2010 1321 constitute prima-facie evidence of such compliance or noncompliance with the provisions of this chapter and shall be admissible in any such action. (b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced Reserved." SECTION 19. Code Section 14-9A-117 of the Official Code of Georgia Annotated, relating to certified copies admissible in evidence, is amended as follows: "14-9A-117. A certified copy of the certificate, power of attorney, and affidavits required to be filed under Code Sections 14-9A-115 and 14-9A-116 shall be admissible in evidence in all courts and places whatever Reserved." SECTION 20. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-1-14, relating to participation in the Consortium for State Court Interpreter Certification, as follows: "15-1-14. (a) The Supreme Court of Georgia shall establish rules and requirements for foreign language interpreters and interpreters for the hearing impaired utilized in the courts of this state and provide for the administration and enforcement of such rules. The Administrative Office of the Courts shall administer such rules, requirements, and enforcement. (b) Except as provided by the Supreme Court of Georgia's rules and requirements for interpreters, no person shall serve as a court qualified interpreter who is not currently licensed under the rules and requirements established by the Supreme Court. (c) The Supreme Court may establish fees to be paid by persons desiring certification to cover the costs of certifying, regulating, and training court qualified interpreters. (d) The Supreme Court may enter into and participate in the Consortium for State Court Interpreter Certification established August 2, 1997, as amended August 1, 1998, Language Access in the Courts and in other similar multistate agreements and cooperative programs for the training, testing, and certification of interpreters. Such consortia, multistate agreements, and cooperative programs may: (1) Utilize the auspices and services of the National Center for State Courts; (2) Provide for the common development, sharing, and distribution of tests, standards, educational materials, and programs and related work, and further provide for the copyright and other protection of intellectual property; (3) Charge fees for membership and other services and retain funds; (4) Provide for governance and management; and (5) Perform such other services and functions as may be reasonably related to such purposes and functions." 1322 JOURNAL OF THE HOUSE SECTION 21. Said title is further amended by revising Code Section 15-11-79.1, relating to the use and disposition of evidence, as follows: "15-11-79.1. Except as provided in subsection (d) of Code Section 24-6-609, the The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records." SECTION 22. Said title is further amended by revising subsection (b) of Code Section 15-11-84, relating to sharing of confidential information, as follows: "(b) Governmental entities, and state, county, consolidate governments municipal, or municipal consolidated 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, or 1511-9.1, subsection (d) of Code Section 15-11-10, or Code Section 15-11-66.1, 15-1175, 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 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 372-9.1, 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, 495-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Information which is shared pursuant to this subsection 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." SECTION 23. Said title is further amended by revising paragraph (2) of subsection (c) of Code Section 15-18-14.1, relating to district attorney investigators, as follows: "(2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime; Chapter 17 of Title 17, the 'Crime Victims' Bill of Rights'; Chapter 18 of Title 17, relating to providing a written statement of information to victims of rape or forcible sodomy; and Code Section 24-6-616 24-9-61.1, relating to the presence of crime victims in the courtroom;" WEDNESDAY, MARCH 17, 2010 1323 SECTION 24. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 15-18-15, relating to chief assistant district attorney, as follows: "(2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section 24-9-28 24-5-507 and the laws of this state relating to the validation of bonds." SECTION 25. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-5-27, relating to female genital mutilation, as follows: "(e) The statutory privileges provided by Chapter 9 5 of Title 24 shall not apply to proceedings in which one of the parties to the privilege is charged with a crime against a female under 18 years of age, but such person shall be compellable to give evidence only on the specific act for which the defendant accused is charged." SECTION 26. Said title is further amended by revising Code Section 16-12-55, relating to certification of tax-exempt status of organization and evidentiary nature of certificate, is amended as follows: "16-12-55. The director 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 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." SECTION 27. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to Article 2 of Chapter 4, relating to arrest by law enforcement officers generally, to read as follows: "17-4-30. In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions of Article 3 of Chapter 6 of Title 24." 1324 JOURNAL OF THE HOUSE SECTION 28. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 17-4-40, relating to persons who may issue warrants for arrest of offenders against penal laws, as follows: "(4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply as set forth in paragraph (1) of subsection (d) of Code Section 24-1-2. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause." SECTION 29. Said title is further amended by revising Code Section 17-7-25, relating to the power of the court to compel attendance of witnesses, as follows: "17-7-25. A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all of the provisions of Chapter 10 13 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at least 24 hours prior to the hearing. A court of inquiry may order the arrest of witnesses if required to compel their attendance." SECTION 30. Said title is further amended by revising Code Section 17-7-28, relating to hearing of evidence by court of inquiry and the right of a defendant to testify, as follows: "17-7-28. The court of inquiry shall hear all legal evidence submitted by either party. If the defendant accused wishes to testify and announces in open court before the court of inquiry his or her intention to do so, he the accused may testify in his or her own behalf. If he so the accused elects to testify, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant first puts his character into issue. The rules of evidence shall apply except that hearsay shall be admissible. The failure of a defendant an accused to testify shall create no presumption against him the accused, and no comment may be made because of such failure." SECTION 31. Said title is further amended by revising subsection (b) of Code Section 17-7-93, relating to reading of indictment or accusation and recording of 'guilty' pleas and pronouncement of judgment, as follows: WEDNESDAY, MARCH 17, 2010 1325 "(b) If the person pleads 'guilty,' the plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce the judgment of the law upon the person in the same manner as if he or she had been convicted of the offense by the verdict of a jury. At any time before judgment is pronounced, the accused person may withdraw the plea of 'guilty' and plead 'not guilty.'; and the former plea shall not be admissible as evidence against him at his trial." SECTION 32. Said title is further amended by revising Code Section 17-9-20, relating to action by juror on private knowledge as to facts, witnesses, or parties, as follows: "17-9-20. A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties unless he is sworn and examined as a witness in the case." SECTION 33. Said title is further amended by revising Code Section 17-9-41, relating to the use of affidavits of jurors relating to verdict, as follows: "17-9-41. The affidavits of jurors may be taken to sustain but not to impeach their verdict Reserved." SECTION 34. Said title is further amended by revising subparagraph (b)(3)(C) of Code Section 17-16-4, relating to disclosure required by prosecuting attorney and defendant, as follows: "(C) The defendant shall, no later than five days before the trial commences, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, the defendant shall produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the defendants or the defendant's counsel that relates to the subject matter of the testimony of such witnesses unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) of subsection (a) of Code Section 24-9-21 24-5-501." SECTION 35. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising subsection (d) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment, as follows: "(d) Counsel; testimony. Any teacher, principal, or other person against whom such charges listed in subsection (a) of this Code section have been brought shall be entitled to be represented by counsel and, upon request, shall be entitled to have subpoenas or other compulsory process issued for attendance of witnesses and the production of 1326 JOURNAL OF THE HOUSE documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board and shall be signed by the chairman chairperson or vice-chairman vice chairperson of the local board. In all other respects, such subpoenas and other compulsory process shall be subject to Part 1 of Article 2 of Chapter 10 13 of Title 24, as now or hereafter amended." SECTION 36. Said title is further amended by revising Code Section 20-2-991, relating to liability insurance for performance of duties authorized and the admissibility of insurance in evidence, as follows: "20-2-991. In addition to other compensation paid to members of the State Board of Education, the State School Superintendent, and employees of the state board, and to members of boards of education, school superintendents, teachers, principals, officers, and employees of boards of control of cooperative educational service agencies, and other administrators and employees of county and other local public school systems, the state board, the boards of control of cooperative educational service agencies, and the several boards of education of counties, cities, and independent school systems, whenever created, are authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of the state board, State School Superintendent, employees of the state board, officers and employees of boards of control of cooperative educational service agencies, and the members of the boards of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common-law, or other statutory rights, whether state, federal, or both. Such boards may expend state, county, federal, and local funds, or any combination thereof, for such purposes. The amount of such insurance or indemnity shall be in the discretion of the respective board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract, and the existence of such insurance or indemnity shall not be disclosed or suggested in any action brought against such individual." SECTION 37. Code Section 22-1-14 of the Official Code of Georgia Annotated, relating to valuation of condemned property, is amended as follows: "22-1-14. (a) When property is condemned under this title or any other title of this Code, the value of the condemned property may be determined through lay or expert testimony and its admissibility shall be addressed to the sound discretion of the court. WEDNESDAY, MARCH 17, 2010 1327 (b) If any party to a condemnation proceeding seeks to introduce expert testimony as to the issue of just and adequate compensation, Code Section 24-9-67.1 24-7-702 shall not apply." SECTION 38. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing and electronically transmitted drug orders, is amended by revising subsection (d) as follows: "(d) Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be released to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharmacist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-9-40 24-12-1, confidential information may be released to others only on the written release of the patient, court order, or subpoena." SECTION 39. Code Section 28-1-16 of the Official Code of Georgia Annotated, relating to issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives, is amended by revising subsection (e) as follows: "(e) A subpoena issued under this Code section may be served at any place in the this state and in any manner authorized in Code Section 24-10-23 24-13-24. Fees and mileage shall be paid and tendered as provided in Code Section 24-10-24 24-13-25, notwithstanding the general exemption of the state from tender of fees and mileage, and shall be in the form of a check issued by the Legislative Fiscal Office upon the written request of the chairperson or acting chairperson." SECTION 40. Code Section 29-9-13.1 of the Official Code of Georgia Annotated, relating to authentication of documents, is amended as follows: "29-9-13.1. Whenever it is required that a document which is to be filed in the court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 24-9-922 and paragraphs (1) through (4) of Code Section 24-9-902 and such full faith and credit shall be given to the document as is provided in that Code section." SECTION 41. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-5-5, relating to contents of official record as evidence and classification of privileged materials, as follows: 1328 JOURNAL OF THE HOUSE "31-5-5. (a) Any order, rule, regulation, or any other document, record, or entry contained in the official record or minutes of the department or of any county board of health shall be admissible in evidence in any proceeding before any court or other tribunal in this state where otherwise admissible and not privileged or confidential under this Code section when certified as true and correct by and duly authorized by the director at the county level and the examiner at the state level. It shall be the duty of the director or examiner, who shall be custodian of such records, to furnish and certify copies of the record or other evidence upon payment of reasonable costs therefor. Nothing in this Code section shall be construed as applying to Code Section 12-5-175. (b) The department and county boards of health are 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 interests of justice." SECTION 42. Said title is further amended by revising Code Section 31-10-26, relating to certified copies of vital records, issuance, evidentiary effect, and use for other purposes, as follows: "31-10-26. (a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto: (1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to: (A) The person whose record of birth is registered; (B) Either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court of competent jurisdiction upon its order or subpoena; or (E) Any governmental agency, state or federal, provided that such certificate shall be needed for official purposes. WEDNESDAY, MARCH 17, 2010 1329 (2) Each certified copy issued shall show the date of registration and copies duplicates issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate of birth shall be shown on all copies duplicates issued. All forms and procedures used in the issuance of certified copies of vital records in the this state shall be provided or approved by the state registrar. (b) A certified copy of a vital record or any part thereof, issued in accordance with subsection (a) of this Code section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. (c) The federal agency responsible for national vital statistics may be furnished such copies duplicates or data from the system of vital records as it may require for national statistics, provided such federal agency shares in the cost of collecting, processing, and transmitting such data and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar. (d)(c) The state registrar may, by agreement, transmit copies duplicates of records and other reports required by this chapter to offices of vital records outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies duplicates be used for statistical and administrative purposes only and the agreement shall further provide for the retention and disposition of such copies duplicates. Copies Duplicates received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this Code section. (e)(d) No person shall prepare or issue any certificate which purports to be an original, certified copy or copy duplicate of a vital record except as authorized in this chapter or regulations adopted under this chapter. (f)(e) No copies duplicates or parts thereof of a vital record shall be reproduced or information copies copied for commercial or speculative purposes. This subsection shall not apply to published results of research." SECTION 43. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 31-21-3, relating to death of person with infectious or communicable disease, as follows: "(3) That disclosure is made by a physician pursuant to Code Section 24-9-40 24-121 or any other law authorizing a physician to disclose otherwise privileged information;" 1330 JOURNAL OF THE HOUSE SECTION 44. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-2-2, relating to seal of Commissioner and admissibility in evidence of sealed documents, as follows: "33-2-2. The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor. Every certificate and other document or paper executed by the Commissioner in the pursuance of any authority conferred upon him by law and sealed with the seal of his office and all copies or photographic copies of papers certified by him and authenticated by said seal shall in all cases be evidence 'in equal and like manner' as the original thereof and shall in all cases be primary evidence of the contents of the original and shall be admissible in any court in this state." SECTION 45. Said title is further amended by revising subsection (b) of Code Section 33-20A-37, relating to the effect of favorable determinations, as follows: "(b) A determination by the independent review organization in favor of a managed care entity shall create a rebuttable presumption in any subsequent action that the managed care entity's prior determination was appropriate and shall constitute a medical record for purposes of Code Section 24-7-8." SECTION 46. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising subsection (a) of Code Section 34-9-60, relating to rulemaking and subpoena powers, as follows: "(a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require, by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The board may promulgate policies, rules, and regulations concerning the electronic submission to and transmission from the board of documents and filings. The board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Article 2 of Chapter 10 13 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in WEDNESDAY, MARCH 17, 2010 1331 order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court." SECTION 47. Said title is further amended by revising paragraph (5) of subsection (e) of Code Section 34-9-102, relating to hearings before administrative law judges, as follows: "(5) Code Section 24-3-18 24-8-826 shall not apply to workers' compensation claims filed under this chapter." SECTION 48. Said title is further amended by revising paragraph (4) of subsection (b) of Code Section 34-9-108, relating to approval of attorney's fees by the board, as follows: "(4) Upon a determination that proceedings have been brought, prosecuted, or defended in whole or in part without reasonable grounds, the administrative law judge or the board may, in addition to reasonable attorney's fees, award to the adverse party in whole or in part reasonable litigation expenses against the offending party. Reasonable litigation expenses under this subsection are limited to witness fees and mileage pursuant to Code Section 24-10-24 24-13-25; reasonable expert witness fees subject to the fee schedule; reasonable deposition transcript costs; and the cost of the hearing transcript." SECTION 49. 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 6A 35-3-160. (a) As used in this article, the term: (1) 'Department' means the Department of Corrections. (2) 'Division' means the Division of Forensic Services of the Georgia Bureau of Investigation. (3) 'State correctional facility' means a penal institution under the jurisdiction of the department, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the department. (b) Any person convicted of: (1) Rape in violation of Code Section 16-6-1; (2) Sodomy or aggravated sodomy in violation of Code Section 16-6-2; (3) Statutory rape in violation of Code Section 16-6-3; (4) Child molestation or aggravated child molestation in violation of Code Section 16-6-4; (5) Enticing a child for indecent purposes in violation of Code Section 16-6-5; 1332 JOURNAL OF THE HOUSE (6) Sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient in violation of Code Section 16-6-5.1; (7) Bestiality in violation of Code Section 16-6-6; (8) Necrophilia in violation of Code Section 16-6-7; or (9) Incest in violation of Code Section 16-6-22 shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the department upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the department. The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3163. (c)(1) On and after July 1, 2007, any person who is placed on probation shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person if such person is convicted of a felony violation of: (A) Chapter 5 of Title 16; (B) Rape in violation of Code Section 16-6-1; (C) Sodomy or aggravated sodomy in violation of Code Section 16-6-2; (D) Statutory rape in violation of Code Section 16-6-3; (E) Child molestation or aggravated child molestation in violation of Code Section 16-6-4; (F) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (G) Sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient in violation of Code Section 16-65.1; WEDNESDAY, MARCH 17, 2010 1333 (H) Bestiality in violation of Code Section 16-6-6; (I) Necrophilia in violation of Code Section 16-6-7; (J) Incest in violation of Code Section 16-6-22; (K) Burglary in violation of Code Section 16-7-1; (L) Robbery in violation of Code Section 16-8-40; (M) Armed robbery in violation of Code Section 16-8-41; (N) Impersonating a peace officer or public officer or employee in violation of Code Section 16-10-23; (O) Obstruction or hindering any law enforcement officer in violation of Code Section 16-10-24; (P) Article 4 of Chapter 11 of Title 16; or (Q) Chapter 13 of Title 16. (2) The analysis shall be performed by the division. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 35-3-163. The department shall be responsible for collecting such sample. 35-3-161. (a) Each sample required pursuant to Code Section 35-3-160 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit or at such other place as is designated by the department. Each sample required pursuant to Code Section 35-3-160 from persons who are to be released from a state correctional facility or private correctional facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the department. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation. The division shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a department facility shall implement the provisions of this Code section as part of the regular processing of offenders. (b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to take a sample as provided in this article as a result of the act of taking a sample from any person submitting thereto, provided the sample was taken according to recognized medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample. (c) Chemically clean sterile disposable needles shall be used for the withdrawal of all samples of blood. The containers for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, 1334 JOURNAL OF THE HOUSE social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the division not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 35-3-162 and 35-3-163. 35-3-162. Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director of the bureau or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the sample was received and examined, and a statement that the seal on the container containing the sample had not been broken or otherwise tampered with. The remainder of a sample submitted for analysis and inclusion in the data bank pursuant to Code Section 35-3-160 may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 35-3-163, the results of the analysis shall be securely stored and shall remain confidential. 35-3-163. (a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant to Code Section 35-3-160 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau. (b) Upon request from a prosecutor or law enforcement agency, the bureau may compare a DNA profile from an analysis of a sample from a suspect in a criminal investigation where the sample was obtained through a search warrant, consent of the WEDNESDAY, MARCH 17, 2010 1335 suspect, court order, or other lawful means to DNA profiles lawfully collected and maintained by the bureau. The bureau shall not add a DNA profile of any such suspect to any DNA data bank except upon conviction as provided in this article. (c)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated. (2) The name of the convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes. (3) Upon a showing by the accused in a criminal proceeding that access to the DNA data bank is material to the investigation, preparation, or presentation of a defense at trial or in a motion for a new trial, a superior court having proper jurisdiction over such criminal proceeding shall direct the bureau to compare a DNA profile which has been generated by the accused through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 U.S.C. Section 14131. (d) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identity and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and samples submitted as a necessary function of the job. (e) The bureau may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown. Nothing in this Code section or Code Section 35-3-164 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside this state. (f) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of this state. 35-3-164. (a) Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to so use information in the data bank, knowing that such dissemination, receipt, or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor of a high and aggravated nature. (b) Except for purposes of law enforcement or as authorized by this article, any person who, for purposes of having DNA analysis performed, obtains or attempts to obtain any sample submitted to the division for analysis shall be guilty of a felony. 1336 JOURNAL OF THE HOUSE 35-3-165. A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction." SECTION 50. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising paragraph (2) of Code Section 36-74-25, relating to powers of enforcement boards created on or after January 1, 2003, as follows: "(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 24-13-24 to serve subpoenas;" SECTION 51. Said title is further amended by revising paragraph (2) of Code Section 36-74-45, relating to powers of enforcement boards created prior to January 1, 2003, as follows: "(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 24-13-24 to serve subpoenas;" SECTION 52. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising subsections (b) and (c) of Code Section 37-3-166, relating to treatment of clinical records, when release is permitted, and scope of privileged communications, as follows: "(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-940, 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, WEDNESDAY, MARCH 17, 2010 1337 notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, 24-5-501, 24-12-1, or 43-39-16." SECTION 53. Said title is further amended by revising subsections (b) and (c) of Code Section 37-4125, relating to treatment of clinical records and scope of privileged communications, as follows: "(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-940, 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, 24-5-501, 24-12-1, or 43-39-16." SECTION 54. Said title is further amended by revising subsections (b) and (c) of Code Section 37-7166, relating to maintenance, confidentiality, and release of clinical records and disclosure of confidential or privileged patient information, as follows: "(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-940, 24-5-501, 24-12-1, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, 24-5-501, 24-12-1, or 43-39-16." SECTION 55. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (b) of Code Section 40-2-74, relating to special license plates for persons with disabilities, as follows: "(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license 1338 JOURNAL OF THE HOUSE plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101 246-651, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment." SECTION 56. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, as follows: "(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the GeorgiaNet Division of the Georgia Technology Authority in accordance with a contract authorized by subparagraph (c)(1)(B) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof." SECTION 57. Said title is further amended by revising subsection (d) of Code Section 40-5-58, relating to habitual violators, as follows: "(d) Notwithstanding any contrary provisions of Code Section 17-7-95 or 24-4-410, for the purposes of this Code section, any plea of nolo contendere entered and accepted after January 1, 1976, shall be considered a conviction." SECTION 58. Said title is further amended by revising subsection (d) of Code Section 40-6-10, relating to insurance requirements for operation of motor vehicles generally, as follows: "(d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie WEDNESDAY, MARCH 17, 2010 1339 evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 24-9-924 for the purposes of this Code section." SECTION 59. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, as follows: "(d)(1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 24-9-924 for the purposes of this Code section." SECTION 60. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising subsection (c) of Code Section 42-5-52.2, relating to testing of prison inmates for HIV, as follows: "(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 24-12-21 and 31-22-9.2 or other law shall be provided by the department to the Department of Community Health. 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 Community Health. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the prevention of the spread of such virus, and the legal consequences of infecting unknowing partners." SECTION 61. Said title is further amended by revising Code Section 42-6-4, relating to the effect of failure to meet time limit for trial after delivery of inmate pursuant to Code Section 2410-60, as follows: "42-6-4. If an inmate is not brought to trial upon a pending indictment or accusation within two terms of court after delivery of the inmate to the sheriff or a deputy sheriff pursuant to subsection (a) of Code Section 24-10-60 24-13-60, provided no continuance has been granted, all detainers based upon the pending indictments or accusations shall be stricken and dismissed from the records of the department." SECTION 62. Said title is further amended by revising subsection (a) of Code Section 42-6-5, relating to the temporary custody of inmate requesting disposition of pending indictment or accusation, as follows: 1340 JOURNAL OF THE HOUSE "(a) In response to the request of an inmate for final disposition of any pending indictment or accusation made pursuant to Code Section 42-6-3 or pursuant to an order of a court entered pursuant to subsection (a) of Code Section 24-10-60 24-13-60, the department shall offer to deliver temporary custody of the inmate to the sheriff or a deputy sheriff of the county in which the indictment or accusation is pending against the inmate. The judge of the court in which the proceedings are pending is authorized to and shall issue an ex parte order directed to the department requiring the delivery of the inmate to the sheriff or a deputy sheriff of the county in which the trial is to be held." SECTION 63. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising paragraph (5) of subsection (b) of Code Section 43-324, relating to issuance of permits to practice accountancy, as follows: "(5) An individual qualifying for the practice privilege under paragraph (1) of this subsection may provide expert witness services in this state and shall be deemed to be in compliance with paragraph (1) of subsection (c) of Code Section 24-9-67.1 24-7702 for purposes of such services." SECTION 64. Said title is further amended by revising Code Section 43-6-6, relating to The Georgia Auctioneers Commission seal and receipt of copies of records and papers as evidence, as follows: "43-6-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Auctioneers Commission, State of Georgia' and such other devices as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission certified by the signature of the commission chairman and the seal of the commission shall be received in evidence in all cases equally and with like effect as the originals." SECTION 65. Said title is further amended by revising paragraph (11) of subsection (a) of Code Section 43-9-12, relating to The Georgia Board of Chiropractic Examiners' refusal, suspension, or revocation of licenses, as follows: "(11)(A) Become unable to practice chiropractic with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. (B) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of WEDNESDAY, MARCH 17, 2010 1341 privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application for a license to practice chiropractic in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing chiropractic under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of chiropractic with reasonable skill and safety to patients. (C) 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 24-5-501. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application to practice chiropractic in this state shall be deemed to have given his or her consent to the 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 constitutes a privileged communication. (D) 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 (B) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (C) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding." SECTION 66. Said title is further amended by revising Code Section 43-11-12, relating to public inspection of the Georgia Board of Dentistry's records, as follows: "43-11-12. It shall be the duty of the division director to keep at his or her office the minutes of the board, together with all the books and records of the board, which books and records shall, except as provided in subsection (k) of Code Section 43-1-2, be public records open to inspection by the public except on Sundays and legal holidays. A copy of all or any part of any record or book certified by the division director, with the seal of the board attached, shall be primary evidence in any court; and it shall be the duty of the 1342 JOURNAL OF THE HOUSE division director to furnish to any person making application therefor a copy of any part or all of any record or book of the board upon the applicant's paying a fee prescribed by the division director. All of such copies shall be certified by the division director and be under the seal of the board." SECTION 67. Said title is further amended by revising Code Section 43-18-8, relating to official records and affidavits of the State Board of Registration for Professional Geologists as evidence, as follows: "43-19-8. 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 Reserved." SECTION 68. Said title is further amended by revising Code Section 43-23-3, relating to the seal of the Georgia Board of Landscape Architects and copies of records and papers as evidence, as follows: "43-23-3. (a) The board shall adopt a seal, which may be either an engraved or an ink stamped seal, with the words 'Board of Landscape Architects, State of Georgia' or such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. (b) Copies of all records and papers in the office of the board, certified by the signature of the chairman of the board, shall be received in evidence in all cases equally and with like effect as the originals." SECTION 69. Said title is further amended by revising Code Section 43-28-6, relating to service of process and documents on division director and records of the State Board of Occupational Therapy as prima-facie evidence, as follows: "43-28-6. (a) 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. (b) 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 70. Said title is further amended by revising Code Section 43-29-4, relating to the State Board of Dispensing Opticians' records and seal, as follows: WEDNESDAY, MARCH 17, 2010 1343 "43-29-4. (a) The board shall have an official seal and shall keep a record of its proceedings and a register of persons whose licenses have been revoked. (b) The records of the board shall be open to public inspection, and it shall keep on file all examination papers for a period of 90 days after each examination. A transcript of an entry in such records, certified by the division director under the seal of the board, shall be evidence of the facts stated therein." SECTION 71. Said title is further amended by revising Code Section 43-33-9, relating to the State Board of Physical Therapy's records as prima-facie evidence, 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 this 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 72. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 43-33-18, relating to refusal to grant or restore licenses, as follows: "(2) Displayed an inability or has become unable to practice as a physical therapist or as a physical therapist assistant with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition: (A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to Code Section 24-9-21 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application for a license to practice physical therapy 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 1344 JOURNAL OF THE HOUSE 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 physical therapy 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 physical therapy with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21 24-5-501. Every person who shall accept the privilege of practicing physical therapy in this state or who shall file an application to practice physical therapy 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;" SECTION 73. Said title is further amended by revising paragraph (13) of subsection (a) of Code Section 43-34-8, relating to the Georgia Composite Medical Board's authority to refuse license or discipline physicians, as follows: "(13) Become unable to practice 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 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 24-5-501. Every person who shall accept the privilege of practicing a profession regulated under this chapter or who shall file an application for a license to practice a profession regulated under this chapter in this state shall be deemed to have given his or her consent to submit WEDNESDAY, MARCH 17, 2010 1345 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 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 practice 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 24-5-501. Every person who shall accept the privilege of practicing pursuant to this chapter in this state or who shall file an application to practice 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 be used against any licensee, certificate holder, or permit holder or applicant in any other type of proceeding;" SECTION 74. Said title is further amended by revising subsection (a) of Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, as follows: "(a) The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenticate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commissioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals." 1346 JOURNAL OF THE HOUSE SECTION 75. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-2-5, relating to recording execution and deed after sheriff's sale and evidence of execution where original is lost, as follows: "44-2-5. A purchaser at a sheriff's sale may have the execution under which the property was sold recorded with his or her deed together with all the entries on the execution. In the event of the loss or destruction of the original execution, a copy of the record shall be admitted in evidence." SECTION 76. Said title is further amended by revising Code Section 44-2-20, relating to recorded affidavits relating to land as notice of facts cited therein and the admissibility of such affidavits in evidence, as follows: "44-2-20. (a) Recorded affidavits shall be notice of the facts therein recited, whether taken at the time of a conveyance of land or not, where such affidavits show: (1) The relationship of parties or other persons to conveyances of land; (2) The relationship of any parties to any conveyance with other parties whose names are shown in the chain of title to lands; (3) The age or ages of any person or persons connected with the chain of title; (4) Whether the land embraced in any conveyance or any part of such land or right therein has been in the actual possession of any party or parties connected with the chain of title; (5) The payment of debts of an unadministered estate; (6) The fact or date of death of any person connected with such title; (7) Where such affidavits relate to the identity of parties whose names may be shown differently in chains of title; (8) Where such affidavits show the ownership or adverse possession of lands or that other persons have not owned such lands nor been in possession of same; or (9) Where such affidavits state any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land. Any such affidavits may be made by any person, whether connected with the chain of title or not. (b) In any litigation over any of the lands referred to and described in any of the affidavits referred to in subsection (a) of this Code section in any court in this state or in any proceedings in any such court involving the title to such lands wherein the facts recited in such affidavits may be material, the affidavits or certified copies of the record thereof shall be admissible in evidence and there shall be a rebuttable presumption that the statements in said affidavits are true. The affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased; they are nonresidents of the state; their residences are unknown to the parties offering the affidavits; or they are too old, infirm, or sick to attend court Reserved. WEDNESDAY, MARCH 17, 2010 1347 (c) Affidavits referred to in subsections subsection (a) and (b) of this Code section shall be filed by the clerk of the superior court of the county where the land is located and shall contain a caption referring to the current owner and to a deed or other recorded instrument in the chain of title of the affected land. The clerk of the superior court shall record such affidavits, shall enter on the deed or other recorded instrument so referred to the book and page number on which such affidavit may be recorded, and shall index same in the name of the purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed; and he the clerk shall receive the same compensation therefor as for recording deeds to lands." SECTION 77. Said title is further amended by revising Code Section 44-2-23, relating to when deed serves as evidence, as follows: "44-2-23. A recorded deed shall be admitted in evidence in any court without further proof unless the maker of the deed, one of his heirs, or the opposite party in the action files an affidavit that the deed is a forgery to the best of his knowledge and belief. Upon the filing of the affidavit, the genuineness of the alleged deed shall become an issue to be determined in the action Reserved." SECTION 78. Said title is further amended by revising Code Section 44-2-101, relating to referral of case to examiner, as follows: "44-2-101. Upon the filing of a petition as provided in this article, the clerk shall at once notify the judge who shall refer the action to one of the general examiners or to a special examiner. It shall then become the duty of the examiner to make up a preliminary report containing an abstract of the title to the land from public records and all other evidence of a trustworthy nature that can reasonably be obtained by him the examiner, which abstract shall contain: (1) Extracts from the records and other matters referred to therein which are complete enough to enable the court to decide the questions involved; (2) A statement of the facts relating to the possession of the lands; and (3) The names and addresses, so far as the examiner is able to ascertain, of all persons interested in the land as well as all adjoining owners showing their several apparent or possible interests and indicating upon whom and in what manner process should be served or notices given in accordance with this article. The preliminary report of the examiner shall be filed in the office of the clerk of the superior court on or before the return day of the court as stated in the process unless the time for filing the report is extended by the court. The report shall be prima-facie evidence of the contents thereof." 1348 JOURNAL OF THE HOUSE SECTION 79. Said title is further amended by revising Code Section 44-4-3, relating to the duty of surveyors and processioners, as follows: "44-4-3. It shall be the duty of the county surveyor and the processioners to take all due precautions to arrive at the true lines and to trace out and plainly mark the same. The surveyor shall make out and certify a plat of the true lines and deliver a copy thereof to the applicant; and, in all future boundary disputes with any owner of adjoining lands who had due notice of the processioning, the certified plat and the lines so marked shall be prima facie correct; and the certified plat shall be admissible in evidence without further proof." SECTION 80. Said title is further amended by revising Code Section 44-4-6, relating to general reputation as evidence, as follows: "44-4-6. General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years' standing. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line." SECTION 81. Said title is further amended by revising Code Section 44-5-45, relating to when ancient deed admissible without proof of execution, as follows: "44-5-45. A deed more than 30 years old which, upon inspection, has the appearance of genuineness and which comes from the proper custody is admissible in evidence without proof of execution if possession of the property has been consistent with such deed Reserved." SECTION 82. Said title is further amended by revising Code Section 44-13-11, relating to approval of application and transmittal of copy of exempted real property to other counties, as follows: "44-13-11. If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: 'Approved this the ____ day of _______, ____,' filling the blanks, and shall sign the schedule and plat officially and hand them such application to the clerk of the superior court of his the clerk's county; and, when land out of his the clerk's county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept WEDNESDAY, MARCH 17, 2010 1349 for that purpose in his office, which record or a certified transcript thereof shall be competent evidence in all the courts of this state." SECTION 83. Said title is further amended by revising Code Section 44-14-38, relating to admission of mortgages into evidence, as follows: "44-14-38. When duly executed and recorded, mortgages shall be admitted into evidence under the same rules as recorded deeds Reserved." SECTION 84. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-9-1, relating to general provisions and disclosure or insurance or indemnification in legal actions, as follows: "45-9-1. (a) In addition to any other compensation which may be paid to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the executive, judicial, or legislative branch of government of this state, each such agency, board, bureau, commission, department, or authority is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance utilizing funds available to such agency, board, bureau, commission, department, or authority, insuring or indemnifying such officers, officials, or employees to the extent that they are not immune from liability against personal liability for damages arising out of the performance of their duties or in any way connected therewith. Such policies of liability insurance, contracts of indemnity, or programs of self-insurance may also provide for reimbursement to an officer, official, or employee of any agency, board, bureau, commission, department, or authority of the this state for reasonable legal fees and other expenses incurred in the successful defense of any criminal proceeding, including, but not limited to, any criminal cause of action, suit, investigation, subpoena, warrant, request for documentation or property, or threat of such action whether formal or informal where such action arises out of the performance of his or her official duties. In addition, in the case of an officer, official, or employee who is required to maintain a professional license, such reimbursement may also be provided for legal fees and other expenses so incurred in the successful defense of a charge arising out of the performance of his or her official duties in proceedings before a professional licensing board, disciplinary board or commission, or other similar body. Legal fees and other expenses shall be subject to adjustment by and the approval of the Attorney General. (b) Such agencies, boards, bureaus, commissions, departments, or authorities may expend federal and state or other available funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of such agency, board, bureau, commission, department, or authority. 1350 JOURNAL OF THE HOUSE (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, the Department of Behavioral Health and Developmental Disabilities 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 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. (d) The existence of such insurance or indemnification shall not be disclosed or suggested in any action brought against such individual." SECTION 85. Said title is further amended by revising Code Section 45-9-20, relating to authorization of purchase of insurance, as follows: "45-9-20. In addition to any other compensation which may be paid to members of the governing bodies of municipalities, counties, and other public bodies, and to supervisors, administrators, employees, or other elected or appointed public officers, each municipality, county, and other public body of this state is authorized, in its discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of such governing bodies and such supervisors, administrators, employees, or other elected or appointed officers against personal liability for damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or other statutory rights, whether state, federal, or local. Such municipalities, counties, and other public bodies may expend state, federal, and local funds for such purposes. The amount of such insurance or indemnity shall also be in the discretion of the governing body of such municipality, county, or other public body. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment WEDNESDAY, MARCH 17, 2010 1351 has first been entered against the individual covered by such policy or contract, and the existence of such insurance or indemnity shall not be disclosed or suggested in any action brought against such individual." SECTION 86. Said title is further amended by revising Code Section 45-14-5, relating to the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General's seal and sealed copies treated as originals, as follows: "45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General shall have an official seal for each office of such design as he or she shall select with the approval of the Governor. Every certificate and other document or paper executed by the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, or the Comptroller General in the pursuance of any authority conferred upon that office by law and sealed with the seal of that office and all copies or photographic copies of papers certified by him and authenticated by said seal shall in all cases be evidence 'in equal and like manner' as the original thereof and in all cases be primary evidence of the contents of the original and shall be admissible in any court in this state." SECTION 87. Said title is further amended by revising Code Section 45-16-43, relating to receipt as evidence of records, findings, and reports of medical examiners' inquiries, as follows: "45-16-43. Reports of medical examiners' inquiries performed as provided in this article and copies of records, photographs, laboratory findings, and reports in the office of the director of the division, when duly attested by said director, shall be received as evidence in any court or other proceeding for any purpose for which the original could be received without any proof of the official character of the person whose name is signed thereto Reserved." SECTION 88. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-2-53, relating to reports, rate schedules, orders, rules, or regulations of commission as admissible evidence in court proceedings, as follows: "46-2-53. The printed reports of the commission, published by its authority, shall be admissible as evidence in any court in this state without further proof. The schedules of rates made by the commission, and any order passed or rule or regulation prescribed by the commission, shall be admissible in evidence in any court in this state upon the certificate of the secretary of the commission Reserved." 1352 JOURNAL OF THE HOUSE SECTION 89. Said title is further amended by revising Code Section 46-3-175, relating to receipt of certificates and certified copies in evidence, as follows: "46-3-175. (a) All certificates issued by the Secretary of State in accordance with this article and all copies of documents filed in his office in accordance with this article, when certified by him, shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the facts stated therein. A certificate by the Secretary of State under the seal of his office as to the existence or nonexistence of facts relating to electric membership corporations or foreign electric cooperatives shall be taken and received in all courts, public offices, and official bodies as prima-facie evidence of the existence or nonexistence of the facts stated therein. (b) The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of any document filed with his or her office and of the certificate, if any, issued by the Secretary of State in connection with the filing of the document, under this article, upon payment to him the Secretary of State of the fee provided for in Code Section 46-3-502." SECTION 90. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-14, relating to the state revenue commissioner's official seal, as follows: "48-2-14. The commissioner shall have an official seal of such device as he or she shall select, subject to the approval of the Governor. Any certificate or other legal document or paper executed by the commissioner in the exercise of any authority conferred upon him by law, which paper is sealed with the seal of his office, and all copies or photographic copies of papers certified by him and authenticated by the seal shall be evidence equally in all cases and, in like manner as the original of the document or paper, shall be primary evidence in all cases of the contents of the original, and shall be admissible in any court in this state." SECTION 91. Said title is further amended by revising subsection (d) of Code Section 48-5-138, relating to the cashbook to be kept by tax collectors and tax commissioners, as follows: "(d) The tax collector or tax commissioner shall make and file an accounting as required by Code Section 48-5-154. The record book shall be preserved by the tax collector or tax commissioner in the tax collector's or tax commissioner's office. The record book or a transcript of the record book, when properly authenticated, shall be admitted in evidence in courts of this state as evidence of the payment of taxes. The commissioner shall furnish the tax collectors and tax commissioners the book required pursuant to this Code section at the state's expense." WEDNESDAY, MARCH 17, 2010 1353 SECTION 92. Code Section 49-5-183.1 of the Official Code of Georgia Annotated, relating to notice to alleged child abuser of classification and procedure, is amended by revising subsection (i) as follows: "(i) No child under the age of 14 shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those contained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-3-16 24-8-820." SECTION 93. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-5A-4, relating to bond to be recorded and filed and certified copy is admissible in evidence, as follows: "50-5A-4. The bond of the director, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor. A copy of the bond, when certified by one of the Governor's secretaries under the seal of the office of the Governor, or a certified copy taken from the records of the Secretary of State's office shall be received in evidence in any court in lieu of the original." SECTION 94. Said title is further amended by revising Code Section 50-18-96, relating to copies of records as primary evidence, as follows: "50-18-96. Photostatic copies of records produced from microfilm and print-out copies of computer records shall be received in any court of this state as primary evidence of the recitals contained therein Reserved." SECTION 95. Code Section 52-6-8 of the Official Code of Georgia Annotated, relating to keeping of records by the Board of Pilotage Commissioners, is amended as follows: "52-6-8. The commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. The commissioners They shall designate one of their number as chairman chairperson and cause a record thereof to be made. The commissioners They shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. All persons interested shall have access to and be permitted to have copies duplicates of the such records; and copies thereof certified by the chairman or secretary shall be presumptive evidence of the facts therein stated." 1354 JOURNAL OF THE HOUSE SECTION 96. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, is amended by revising subsection (b) of Code Section 53-5-33, relating to requisites for admission to ancillary probate, as follows: "(b) For purposes of ancillary probate of out-of-state wills, when the out-of-state will has been admitted to probate or established in the domiciliary jurisdiction, the will may be admitted to ancillary probate in solemn form upon production of a properly certified copy of the will and a properly authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, certified according to Code Section 24-7-24 24-9-922, and may be attacked or resisted on the same grounds as other judicial proceedings from a state of the United States." SECTION 97. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 53-5-35, relating to muniments of title to realty, as follows: "(1) Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section 247-24 24-9-922; and" SECTION 98. Said title is further amended by revising Code Section 53-5-43, relating to evidence of authority, as follows: "53-5-43. A copy of letters, or like documentation authenticated in accordance with Code Section 24-7-24 24-9-922, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected." SECTION 99. Said title is further amended by revising Code Section 53-11-11, relating to authentication or exemplification of document, as follows: WEDNESDAY, MARCH 17, 2010 1355 "53-11-11. Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 24-7-922 and such full faith and credit shall be given to the document as is provided in that Code section." SECTION 100. This Act shall become effective on January 1, 2012, and shall apply to any motion made or hearing or trial commenced on or after such date. SECTION 101. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford N Davis Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y 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 E Graves Y Greene Y Hamilton Y Hanner E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long N Loudermilk Y Manning Y Marin Y Martin E Maxwell N May Y Mayo N 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, A Y Scott, M E Sellier N Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E 1356 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Harbin Y Harden, B Harden, M N Hatfield Heard Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 150, nays 12. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 "aye" thereon. House of Representatives Atlanta, Georgia 30334 This version of HB 24 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 24. /s/ Bobby Franklin Representative, District 43 Representative Roberts of the 154th 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 1513 Do Pass, by Substitute Respectfully submitted, /s/ Roberts of the 154th Chairman The Speaker announced the House in recess until 1:15 o'clock, this afternoon. WEDNESDAY, MARCH 17, 2010 1357 AFTERNOON SESSION The Speaker called the House to order. Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1194 Do Pass Respectfully submitted, /s/ Manning of the 32nd Chairman By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Judiciary Non-Civil: 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. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on State Planning & Community Affairs: HB 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. 1358 JOURNAL OF THE HOUSE 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 Agriculture & Consumer Affairs: HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Retirement: HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd 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 make certain editorial corrections; 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 repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1718. By Representatives Gardner of the 57th, Ashe of the 56th, Neal of the 1st, Smith of the 113th, Knight of the 126th and others: A RESOLUTION recognizing and commending Dr. Mark Becker as the recipient of the Ferst Foundation for Childhood Literacy's inaugural For the Love of Reading Award and inviting him to be recognized by the House of Representatives; and for other purposes. WEDNESDAY, MARCH 17, 2010 1359 HR 1719. By Representatives Cox of the 102nd, Floyd of the 99th, Coan of the 101st, Casas of the 103rd, Rice of the 51st and others: A RESOLUTION congratulating the Greater Atlanta Christian School boys' basketball team for winning the 2010 Class AA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1720. By Representatives Mitchell of the 88th, Brooks of the 63rd, Hill of the 180th, Morgan of the 39th and Ralston of the 7th: A RESOLUTION recognizing and commending Mr. Tyler Perry for his amazing professional talent and his incredible humanitarian efforts and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1721. By Representatives Dooley of the 38th, Ralston of the 7th, Porter of the 143rd, Morgan of the 39th, Abrams of the 84th and others: A RESOLUTION recognizing and commending Reverend Benjamin Lockhart, Jr., on the occasion of his 32nd pastoral anniversary with Pleasant Grove Missionary Baptist Church; and for other purposes. HR 1722. By Representatives Hugley of the 133rd, Ashe of the 56th, Smyre of the 132nd, Porter of the 143rd, Williams of the 165th and others: A RESOLUTION recognizing and commending Georgia's public school psychologists; and for other purposes. HR 1723. By Representatives Reece of the 11th, Amerson of the 9th, Hanner of the 148th, Wilkinson of the 52nd, Hill of the 21st and others: A RESOLUTION commending Georgia's Vietnam veterans and recognizing March 30, 2010, as Welcome Home Vietnam Veterans Day; and for other purposes. HR 1724. By Representatives Reece of the 11th, Loudermilk of the 14th, Crawford of the 16th and Dempsey of the 13th: A RESOLUTION commending the Sergeant Billy Freeman Chapter 317 of the National Korean War Veterans Association and recognizing the 60th 1360 JOURNAL OF THE HOUSE anniversary of the invasion of South Korea by Communist North Korea; and for other purposes. HR 1725. By Representatives Nix of the 69th, Glanton of the 76th, Neal of the 1st, Sims of the 169th, Smith of the 131st and others: A RESOLUTION recognizing and commending the Boys & Girls Clubs of Georgia's 2010 Youth of the Year; and for other purposes. HR 1726. By Representative Cole of the 125th: A RESOLUTION recognizing and commending the Monroe County Retired Educators Association; and for other purposes. HR 1727. By Representative Epps of the 140th: A RESOLUTION recognizing and commending Dr. Cyler D. Garner; and for other purposes. HR 1728. By Representatives Lane of the 158th, Burns of the 157th, Barnard of the 166th, McCall of the 30th and Morris of the 155th: A RESOLUTION recognizing and commending 2009 Vidalia Onion Grower of the Year Terry Gerrald; and for other purposes. HR 1729. By Representative Cox of the 102nd: A RESOLUTION recognizing and commending Matthew David Reynolds; and for other purposes. HR 1730. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Caitlin Roswell; and for other purposes. HR 1731. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Rachel Cramer; and for other purposes. HR 1732. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Brittany Berger; and for other purposes. WEDNESDAY, MARCH 17, 2010 1361 HR 1733. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Haley Chatham; and for other purposes. HR 1734. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Leslie Gostin; and for other purposes. HR 1735. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Kelly Rambeau; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1106. By Representative Maddox of the 172nd: 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 that animal shelters and similar facilities shall scan animals for microchips prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, so as to provide that animal shelters and similar facilities shall scan animals for microchips upon receipt and prior to euthanasia; to define a certain term; to provide that a reasonable effort shall be made to contact the owner; to provide for a waiver of liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 1362 JOURNAL OF THE HOUSE SECTION 1. Article 1 of Chapter 11 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animal protection, is amended by adding a new Code section to read as follows: "4-11-5.2. (a) As used in this Code section, the term 'microchip reader' means a device designed to read microchips at 125 kHz, both encrypted and nonencrypted, 128 kHz, and 134.2 kHz, and which is ISO 11784 and 11785 compliant. (b) When any dog, cat, or other large animal traditionally kept as a household pet is brought to an animal shelter or other facility operated for the collection and care of stray, neglected, or abandoned animals, the operator of the facility shall, if the owner of the animal is not known, within 24 hours or as soon as possible scan for the presence of an identifying microchip through the use of a microchip reader. If a microchip is found, the operator shall make a reasonable effort to contact the owner of the animal. Prior to euthanizing a dog, cat, or other large animal traditionally kept as a household pet, any facility referred to in this subsection shall again scan for the presence of an identifying microchip through the use of a microchip reader. (c) Shelters and facilities and their employees and the Department of Agriculture shall not be liable for failing to detect a microchip or failing to contact the owner of the animal. Shelter personnel shall not be required to scan any animal they deem to be too vicious or dangerous to permit safe handling." 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Crawford Y Davis Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Drenner Y Dukes 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Morgan Y Morris Mosby Y Murphy Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre WEDNESDAY, MARCH 17, 2010 1363 Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Mangham Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Stephens, M Y Stephens, R Y Stephenson Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Austin of the 10th, Dawkins-Haigler of the 93rd, Long of the 61st and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 965. By Representatives McKillip of the 115th, Lindsey of the 54th and Dollar of the 45th: A BILL to be entitled an Act to amend Article 7 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 governments; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Crawford Y Davis E Heckstall Y Hembree Y Manning Y Marin Y Scott, A E Scott, M 1364 JOURNAL OF THE HOUSE Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Mangham Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers Y Rynders E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Dawkins-Haigler of the 93rd, Long of the 61st and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1046. By Representatives Willard of the 49th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11A of Title 15 of the Official Code of Georgia Annotated, relating to the Family Court Division of the Superior Court of Fulton County in the Atlanta Judicial Circuit as a pilot project, so as to provide that the duration of the project shall be determined by a majority of the judges of the Superior Court of Fulton County; to eliminate provisions for a specific termination date; to provide for related WEDNESDAY, MARCH 17, 2010 1365 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter 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 Davis Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 154, nays 2. The Bill, having received the requisite constitutional majority, was passed. 1366 JOURNAL OF THE HOUSE Representatives Dawkins-Haigler of the 93rd, Knox of the 24th 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. House of Representatives Atlanta, Georgia 30334 HB 1046 contains an unconstitutional delegation of legislative power to the judicial branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 HR 1106. By Representatives O`Neal of the 146th, Talton of the 145th, Yates of the 73rd, Everson of the 106th, Glanton of the 76th and others: A RESOLUTION urging the Congress of the United States to designate the Honor and Remember Flag as a national emblem of service and sacrifice by the brave men and women of the United States Armed Forces who have given their lives in the line of duty; 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 Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Crawford Y Davis Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson 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 Mosby Y Murphy Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre WEDNESDAY, MARCH 17, 2010 1367 Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Stephens, M Y Stephens, R E Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 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. Due to a mechanical malfunction, the vote of Representative Battles of the 15th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 990. By Representatives Powell of the 29th, Rice of the 51st and Bearden of the 68th: 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 ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. 1368 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise the procedure for registration of fleet vehicles; to provide that the Department of Revenue will process fleet registrations; to ensure that the financial responsibility of motor carriers in this state is compatible with federal motor carrier safety regulations; to change certain equipment requirements for the lighting equipment and warning flags for protruding loads, brake performance, ability, rear view mirrors, window tinting, and tire tread depth on commercial motor vehicles to make them compatible with federal motor carrier safety regulations; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Chapter 2 by revising Article 2A, relating to registration and licensing of fleet vehicles, as follows: "ARTICLE 2A 40-2-50. As used in this article, the term: (1) 'Fleet' means 100 or more motor vehicles. (2) 'Fleet registration plan' means the method of registering the motor vehicles of a fleet as provided in this article. 40-2-51. (a)(1) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of business in this state and which owns or operates under a lease agreement a fleet which is not required to be registered under the International Registration Plan in accordance with Article 3A of this chapter may enroll in the fleet registration plan and register and obtain licenses to operate the motor vehicles in such fleet as provided in this article. (2) The provisions of this article for fleet enrollment, registration, and licensing shall not apply to any corporation or firm which leases or rents motor vehicles to other persons for use thereby. (b)(1) Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed thereby during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. The registrations for all motor vehicles in WEDNESDAY, MARCH 17, 2010 1369 the fleet shall expire in the same month, that month to be requested by the applicant and approved by the department. Motor vehicles of a fleet shall be enrolled separately grouped by classes and by counties where the vehicles are to be registered domiciled. For the purpose of this paragraph, the term 'domicile' means the county where the vehicle is most commonly dispatched or worked. (2)(A) An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $200.00 for initial enrollment of the fleet. (B) If the applicant for enrollment of a fleet or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the applicant shall post a $25,000.00 surety bond at the time of applying for enrollment. (3) If the department determines that the applicant is eligible for fleet registration and proper application has been made, the department shall enroll the fleet, indicate the amount of license fees due for the fleet, validate the enrollment form or forms for the applicable county or counties, and mail the validated original enrollment form or forms with fees indicated to and notify the applicant. Such enrollment shall be valid for a period which is concurrent with that period for which regular license plates are issued for use under Code Section 40-2-31 of one year. Thereafter, the department shall, not less than 90 days prior to December 1 of each year of the end of that year's enrollment period, mail provide to the enrollee a statement of the amount of license fees and taxes due and payable during the forthcoming registration period for such fleet. 40-2-52. (a) After receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles thereof during the period of December 1 of the prior registration year to February 15 of the year for which the license plates are to be issued. The department shall be the registering officer for initial and renewal applications for fleet enrollment. The department shall collect and distribute to county governments and county government officials the same taxes and fees as would be applicable if the vehicles were registered by the county. (b) An applicant for registration of a vehicle of an enrolled fleet shall submit a validated original fleet enrollment form to the county tag agent in each county in which vehicles enrolled under the fleet registration plan are to be registered. If a vehicle is added to the fleet during the registration year, the department shall prorate all fees required for registration as prescribed by law. In addition to all registration fees, the fleet registrant shall pay a one-time $5.00 fee for each vehicle added to the fleet. (c) The provisions of Article 2 of this chapter for registering and licensing motor vehicles generally which are not inconsistent with the provisions of this article shall apply to the registration and licensing of each vehicle of an enrolled fleet. (d) On the renewal of a fleet registration, the department shall require the payment in full of all license fees and taxes for every vehicle registered and not properly deleted in the preceding year. In order to delete a vehicle from the fleet, the fleet registrant shall 1370 JOURNAL OF THE HOUSE surrender to the department the vehicle's permanent fleet registration card and permanent fleet license plate described in Code Section 40-2-53. If the card or license plate is lost, stolen, or destroyed, the fleet applicant shall submit a sworn statement giving the circumstances for the inability to surrender the card or plate. 40-2-53. (a)(1) Upon submission approval by the applicant department of a validated original fleet enrollment form and compliance with all applicable requirements for registration and licensing of motor vehicles, the county tag agent department shall issue to the applicant a permanent fleet registration card and a permanent fleet motor vehicle license plate for each vehicle of the fleet to be registered and licensed in such county by the department. The permanent registration card shall be carried in the vehicle at all times and shall be made available to any law enforcement officer on demand. (2) The county tag agent shall mark the validated original fleet enrollment form as 'taxes paid' or 'tax exempt,' as applicable, and return such form to the registrant. (3) The registrant shall submit to the department the validated original fleet enrollment form which has been marked as provided in paragraph (2) of this subsection. (b) Fleet motor vehicle license plates shall be similar in design to and issued for the same period as regular license plates issued under Code Section 40-2-31, except that such fleet motor vehicle license plates shall contain such words or symbols, in addition to the numbers and letters otherwise prescribed by law, so as to distinctively identify the motor vehicles on which they are placed as fleet motor vehicles. It shall not be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (c)(1) License plates issued under this Code section shall be renewed annually with a generic fleet revalidation decal. (2) The bond required under subsection (b) of Code Section 40-2-51 shall be required at the time of any renewal of such license plates if at the time of such renewal the registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more. (d) License plates issued under this Code section shall be transferred between vehicles in the same manner as provided by Code Section 40-2-80 for special license plates issued under Article 3 of this chapter. 40-2-54. (a) If a fleet registrant or the parent corporation or firm thereof has not had an established place of business in this state for a period of ten consecutive years or more, the department or its designated agent shall annually conduct an audit of such fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. The fleet registrant shall bear the WEDNESDAY, MARCH 17, 2010 1371 cost of or reimburse the department for the expenses of any audit required by this subsection. (b) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. 40-2-55. An enrollment of a fleet in the fleet registration plan shall be terminated by the department in the event: (1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 20 percent or more of the vehicles in any class of vehicles in the fleet or of those vehicles of the fleet registered in a county; (2) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fleet; (3) Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle; (4) Of the failure of the fleet registrant to pay ad valorem taxes as required for any fleet vehicle; (5) Of the failure of the fleet registrant to pay enrollment fees as required; or (6) Of the forfeiture of the surety bond required under Code Section 40-2-52 or 40-253; or (7) At the request of the fleet applicant." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "40-6-10.1. No motor carrier subject to the financial responsibility requirements of the Federal Motor Carrier Safety Administration, or any successor agency, as contained in Title 49 of the Code of Federal Regulations, Part 387, shall operate any motor vehicle upon the highways of this state until such motor carrier has obtained and has in effect the minimum levels of financial responsibility prescribed by such federal regulations." SECTION 3. Said title is further amended by revising Code Section 40-8-27, relating to lighting equipment requirements, as follows: "40-8-27. (a) Except as provided in subsection (b) of this Code section, whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in Code Section 40-8-20, a red light plainly visible from a distance of at least 1372 JOURNAL OF THE HOUSE 500 feet to the sides and rear. The red light required under this Code section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a flag or flags as described in subsection (c) of this Code section not less than 12 18 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. (b) Any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection one amber strobe type lamp equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load. If the mounting of one strobe lamp cannot be accomplished so that it is visible from the rear and both sides of the projecting load, multiple strobe lights shall be utilized so as to meet the visibility requirements of this subsection. The strobe lamp shall flash at a rate of at least 60 flashes per minute and shall be plainly visible from a distance of at least 500 feet to the rear and sides of the projecting load any time of the day or night. The lamp shall be operating at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load shall also be marked with a flag or flags as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing an amber strobe light to comply with the provisions of this Code section. (b.1) In lieu of the strobe type lamp or lamps provided for in subsection (b) of this Code section, any motor vehicle or trailer transporting a load of logs, long pulpwood, poles, or posts which extend more than four feet beyond the rear of the body or bed of such vehicle shall have securely affixed as close as practical to the end of any such projection, one light-emitting diode (LED) light equipped with a multidirectional type lens, mounted so as to be visible from the rear and from both sides of the projecting load. If the mounting of one light-emitting diode (LED) light cannot be accomplished so that it is visible from the rear and from both sides of the projecting load, multiple light-emitting diode (LED) lights shall be utilized so as to meet the visibility requirements of this subsection. The light-emitting diode (LED) light or lights shall be amber in color, shall flash at a rate of at least 60 flashes per minute, and shall be plainly visible from a distance of at least 500 feet from the rear and sides at a radius of 180 degrees of the projecting load at any time of the day or night. Any light-emitting diode (LED) light shall be constructed of durable, weather resistant material and may be powered by the vehicle's electrical system or by an independent battery system, or both. If the light-emitting diode (LED) light is powered by an independent battery system, the driver of the vehicle shall have in his or her immediate possession charged, spare batteries for use in case of battery failure. Any solid state light-emitting diode (LED) lighting that consists of multiple light-emitting diode (LED) lights shall not have less than 85 percent of the light-emitting diode (LED) lights in operable condition. The lights shall remain in operation at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the WEDNESDAY, MARCH 17, 2010 1373 traveled portion of any public roadway. The projecting load shall also be marked with a flag as described in subsection (c) of this Code section. An emergency light permit as provided for in Code Section 40-8-92 is not required on a vehicle utilizing a lightemitting diode (LED) light to comply with the provisions of this Code section. (c) The flag or flags as required by subsection (a) or (b) of this Code section shall be of a bright red or orange fluorescent color not less than 12 18 inches square which is clearly visible and shall be displayed in such a manner that the entire area of the flag is visible from the rear of the vehicle. There shall be a single flag at the extreme rear of the projecting load if the projecting load is two feet wide or less. Two such warning flags shall be required if the projecting load is wider than two feet. Flags shall be located to indicate the maximum width of loads which extend beyond the rear of the vehicle." SECTION 4. Said title is further amended by revising Code Section 40-8-53 relating to brakes as follows: "40-8-53. (a) Except as provided for in subsection (b) of this Code section, every Every motor vehicle or combination of motor drawn vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified in this Code section or shall be capable of being decelerated at a sustained rate corresponding to these distances. Feet to Stop From 20 Miles Deceleration in Per Hour Feet Per Second Vehicles or combinations of vehicles having brakes on all wheels 30 14 Vehicles or combinations of vehicles not having brakes on all wheels 40 10.7 (b) The brake performance ability for commercial motor vehicles shall be as provided for in the federal motor carrier safety regulations contained in 49 C.F.R. 393.52 as promulgated by the Federal Motor Carrier Safety Administration and adopted by the commissioner of public safety pursuant to Code Section 46-7-26. Commercial motor vehicles shall be capable at all times and under all conditions of loading of being stopped on a dry, smooth, level road free from loose material, upon application of the service (foot) brake within the distances specified in those rules." SECTION 5. Said title is further amended by revising Code Section 40-8-72, relating to mirrors, as follows: 1374 JOURNAL OF THE HOUSE "40-8-72. (a) Except as provided in subsection (b) of this Code section, every Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. (b) Every commercial motor vehicle shall be equipped with two rear-vision mirrors meeting the requirements of the federal motor vehicle safety standards contained in 49 C.F.R. 571.111 in effect at the time of manufacture, one at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle; provided, however, only one outside mirror shall be required, which shall be on the driver's side, on a commercial motor vehicle which is so constructed that the driver has a view to the rear by means of an interior mirror." SECTION 6. Said title is further amended by revising subsections (f) and (g) of Code Section 40-873.1, relating to window tinting, as follows: "(f) Notwithstanding any other provision of this Code section, commercial motor vehicles operated in this state are subject to the specifications of or limitations relating to windshield or window glazing or the application of light reducing or reflectance material to the windshield or windows as provided for in the federal motor carrier safety regulations contained in 49 C.F.R. 393.60 as promulgated by the Federal Motor Carrier Safety Administration and adopted by the commissioner of public safety pursuant to Code Section 46-7-26. (g) The Department of Public Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section. (g)(h) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor." SECTION 7. Said title is further amended by revising subsections (e) and (g) of Code Section 40-8-74, relating to tire tread depth, as follows: "(e) All tires: (1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of except that school buses and commercial vehicles which shall have not less than 4/32 inch tread measurable in all major grooves on the front tires and school buses shall have not less than 2/32 4/32 inch tread measurable in all major grooves on the rear tires when there are at least four only two tires on the rear otherwise the tread on the rear tires shall be not less than 4/32 inch ; such measurements shall not be made where tie bars, humps, or fillets are located; (2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and WEDNESDAY, MARCH 17, 2010 1375 (3) Shall be free from bumps, bulges, or separations." "(g) Retreaded, regrooved, or recapped tires shall not be used upon the front wheels of buses." SECTION 8. This Act shall become effective on July 1, 2010. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Gordon E 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 E Hudson Y Hugley Y Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long E Loudermilk Y Lucas 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 Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A E Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker 1376 JOURNAL OF THE HOUSE 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. 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. House of Representatives Atlanta, Georgia 30334 This version of HB 990 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 990. /s/ Bobby Franklin Representative, District 43 HB 1186. By Representatives Roberts of the 154th, Burns of the 157th, Dollar of the 45th and O`Neal of the 146th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation projects shall not constitute special franchises; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following 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 an ad valorem tax exemption for certain public-private transportation projects; to provide that certain public-private transportation projects shall not constitute special franchises; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 17, 2010 1377 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 48-5-41, relating to property exempt from ad valorem taxation, by adding a new subparagraph in paragraph (1) of subsection (a) as follows: "(E) Property which qualifies as a public-private transportation project pursuant to Code Section 32-2-80 which property is owned or leased by the state, a state agency, or another governmental entity and which is developed, operated, or held by a private partner shall be considered to be public property within the meaning of this paragraph." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "48-5-421.1. Any property which is exempt from ad valorem taxation pursuant to subparagraph (a)(1)(E) of Code Section 48-5-41 shall not constitute a special franchise for purposes of this article and shall not be subject to the provisions of this article." SECTION 3. This Act shall become effective on January 1, 2011. 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 Y Bell Y Benfield N Crawford Y Davis Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Dooley Y Drenner Y Dukes Ehrhart Y England E Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A N Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell N Morgan Y Morris Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield N Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R 1378 JOURNAL OF THE HOUSE Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Epps, C Y Epps, J Y Everson N Floyd Y Fludd N 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 N Hatfield Y Heard Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long E Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, T Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Stout Y Talton N Taylor E Teilhet Y Thomas Y Thompson N Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 139, nays 16. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Dawkins-Haigler of the 93rd 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 1191. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more that one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered property is located in more than one county; 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 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more WEDNESDAY, MARCH 17, 2010 1379 than one county or is located within and outside the state, so as to change certain provisions relating to recording, payment, and distribution of the intangible tax when encumbered property is located in more than one county; 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 48-6-69 of the Official Code of Georgia Annotated, relating to recording, payment, and certification where encumbered real property is located in more than one county or is located within and outside the state, is amended by revising subsection (a) as follows: "(a) If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be prorated among all applicable counties; and the amount paid to the collecting officer of the each county in which the instrument is first recorded. When the certificate of the collecting officer acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may thereafter be recorded in any other county of this state without payment of any further tax shall be that proportion of the total tax due calculated by applying the ratio of the value of the real property in such county as it bears to the total value of the real properties in all counties described in the instrument to the total tax due. Such proportions shall be calculated pursuant to the most recently determined fair market valuations of the property as determined by the county board of tax assessors or comparable assessing entity in any affected state. All such values shall be disclosed on the face of the instrument or, alternatively, may be submitted in the form of an affidavit by the holder presenting the instrument for recording. The original or a duplicate original executed copy or counterpart of such instrument shall be presented for recording in all counties in which the real property is located, and the collecting officer of each county may rely upon the sworn original or a duplicate original certification of values in determining the amount of tax due and payable in that county and collect such portion of the tax imposed by Code Section 48-6-61 and enter the same upon the security instrument." 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: 1380 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Barnard Y Battles Y Bearden Y Beasley-Teague Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Drenner Y Dukes 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 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight 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 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 Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, 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 Dawkins-Haigler of the 93rd 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 1192. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Code Section 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, so as to change certain provisions WEDNESDAY, MARCH 17, 2010 1381 relating to payment and distribution of the real estate transfer tax when property is located in more than one county; 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 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, so as to change certain provisions relating to payment and distribution of the real estate transfer tax when property is located in more than one county; 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 48-6-4 of the Official Code of Georgia Annotated, relating to recording of instruments and payments of real estate transfer tax, is amended by revising subsection (e) as follows: "(e) The certificate entered upon or attached physically or electronically to the deed, instrument, or other writing shall be recorded with the deed, instrument, or other writing and shall be in the physical or electronic form required by the commissioner. In each case, however, the certificate shall bear the signature of the clerk or his or her deputy. The certificate may be relied upon by subsequent purchasers or lenders as evidence that the proper tax has been paid. In the event any deed, instrument, or other writing upon which tax is imposed by this article is required to be recorded in more than one county, the required tax shall be prorated among all applicable counties and the amount paid to the clerk or his or her deputy of the county in which the deed, instrument, or other writing is first recorded shall be that proportion of the total tax due calculated by applying the ratio of the value of the real property in such county as it bears to the total value of the real properties in all counties described in the deed, instrument, or other writing to the total tax due. Such proportions shall be calculated pursuant to the most recently determined fair market valuations of the property as determined by the county board of tax assessors. All such values shall be disclosed on the face of the deed, instrument, or other writing or, alternatively, may be submitted in the form of an affidavit by the holder presenting the deed, instrument, or other writing for recording. The original or a duplicate original executed copy or counterpart of such deed, instrument, or other writing shall be presented for recording in all counties in which the real property is located, and the clerk or the clerk's deputy of each county may rely upon the sworn original or a duplicate original certification of values in determining the amount of tax due and payable in that county and collect such portion 1382 JOURNAL OF THE HOUSE of the tax imposed by Code Section 48-6-1 and enter the same upon the deed, instrument, or other writing." 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 Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Dooley 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 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 0. WEDNESDAY, MARCH 17, 2010 1383 The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Dawkins-Haigler of the 93rd 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 1237. By Representative Willard of the 49th: 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 for effect in the event of conflicts; 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 Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter Y Crawford Y Davis Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Dodson 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 Fullerton Y Gardner Y Geisinger Y Glanton 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox 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 Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Stephens, M Y Stephens, R E Stephenson Y Stout Y Talton Y Taylor E Teilhet Y Thomas Y Thompson 1384 JOURNAL OF THE HOUSE 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 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, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Dawkins-Haigler of the 93rd 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 1093. By Representatives Knight of the 126th, O`Neal of the 146th, Peake of the 137th, Keen of the 179th, Bryant of the 160th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require any municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to require under certain circumstances a municipality or county which imposes certain occupation taxes or regulatory fees to collect from taxpayers certain information and to provide electronically annual information to the Department of Revenue in connection therewith; to provide for procedures, conditions, and limitations; to provide for powers, WEDNESDAY, MARCH 17, 2010 1385 duties, and authority of the Department of Revenue and the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, is amended by adding a new Code section to read as follows: "48-13-20.1. (a) The provisions of this Code section shall apply only in a municipality or county levying an occupation tax or regulatory fee under this article and shall apply only upon the adoption of a resolution of such governing authority consenting to the applicability of this Code section. (b) Following the adoption of the resolution provided for in subsection (a) of this Code section, any person who performs any business, occupation, or profession and who is subject to an occupation tax or regulatory fee under this article shall be subject to the requirements of this Code section. Such person shall provide to the municipality or county levying an occupation tax or regulatory fee under this article, at the time such occupation tax or regulatory fee is due and payable, the information required under subsection (c) of this Code section. Such municipality or county shall provide written notice to such person that such information, or the refusal to provide such information, shall be provided to the department. The failure or refusal of such person to provide such information shall not toll or extend the time of payment established for such occupation tax or regulatory fee under Code Section 48-13-20. (c) The following information shall be requested from such person by such municipality or county: (1) The legal name of such business and any associated trade names; (2) The mailing address of such business and the actual physical address of each location of such business if different than the mailing address; and (3) The sales and use tax identification number assigned to such business by the department if such business is required to have such number pursuant to Article 1 of Chapter 8 of this title. (d) Within 30 days of the time of payment of such occupation tax or regulatory fee under Code Section 48-13-20, the municipality or county collecting the occupation tax or regulatory fee and the information authorized under subsection (c) of this Code section from such person shall submit electronically to the department the information received from such person under subsection (c) of this Code section. Such municipality or county shall also submit any applicable North American Industry Classification System Code number or numbers electronically to the department. (e) The department shall establish and maintain an appropriate website or electronic portal for the submission by municipalities and counties of the information required by this Code section. 1386 JOURNAL OF THE HOUSE (f) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler E Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley 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 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake E Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R E Stephenson N Stout 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 Y Williams, R Y Wix Y Yates Ralston, Speaker WEDNESDAY, MARCH 17, 2010 1387 On the passage of the Bill, by substitute, the ayes were 160, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative 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. By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and referred to the Committee on Judiciary Non-Civil: 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. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways & Means and referred to the Committee on Education: HB 1339. By Representatives Casas of the 103rd, Lindsey of the 54th and Dickson of the 6th: 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 require the submission of a bill for a fiscal note when such bill has a significant impact upon anticipated revenues or expenditures of a local school system; to provide for cooperation by the Department of Education and the State School Superintendent; to provide for distribution of the bill and fiscal notes to local school superintendents; 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 and referred to the Committee on Motor Vehicles: HB 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to 1388 JOURNAL OF THE HOUSE clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1074 Do Pass HB 1321 Do Pass Respectfully submitted, /s/ Harbin of the 118th Chairman Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report: Mr. Speaker: Your Committee on Code Revision has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1165 Do Pass, by Substitute Respectfully submitted, /s/ Morris of the 155th Chairman Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report: Mr. Speaker: Your Committee on Game, Fish and Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: WEDNESDAY, MARCH 17, 2010 1389 HB 1000 Do Pass, by Substitute Respectfully submitted, /s/ Lane of the 158th Chairman Representative Hamilton of the 23rd 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 1233 Do Pass, by Substitute HB 1253 Do Pass HB 1324 Do Pass Respectfully submitted, /s/ Hamilton of the 23rd Chairman Representative Sims of the 169th District, Chairman of the Committee on Information and Audits, submitted the following report: Mr. Speaker: Your Committee on Information and Audits 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 831 Do Pass, by Substitute Respectfully submitted, /s/ Sims of the 169th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: 1390 JOURNAL OF THE HOUSE Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1231 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1199 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 70th Chairman Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report: Mr. Speaker: Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 863 Do Pass, by Substitute HB 1269 Do Pass, by Substitute HB 1350 Do Pass Respectfully submitted, /s/ Williams of the 4th Chairman WEDNESDAY, MARCH 17, 2010 1391 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 817 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: Your Committee on State Institutions and Property has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1363 Do Pass HR 1588 Do Pass 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 1:00 o'clock, tomorrow afternoon. 1392 JOURNAL OF THE HOUSE Representative Hall, Atlanta, Georgia Thursday, March 18, 2010 The House met pursuant to adjournment at 1:00 o'clock, P.M., this day and was called to order by the Speaker. The roll was called and the following Representatives answered to their names: Abdul-Salaam Abrams Allison Amerson Anderson Ashe Austin Baker Barnard Battles E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas E Coan Coleman Collins, D Collins, T Cooper Cox Crawford Dawkins-Haigler Day E Dempsey Dickson Dobbs Dodson Dollar Dooley Drenner Ehrhart England Epps, C Epps, J Everson Fludd Franklin E Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard E Heckstall Hembree Henson Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs E James Jerguson Johnson Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford E Maddox, B Maddox, G Mangham Manning Marin E Martin Maxwell E May Mayo McCall McKillip E Millar Mills E Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake E Porter Powell, A Powell, J Pruett Purcell Ramsey Randall Reece Reese Rice Roberts Rogers Rynders Scott, A Scott, M E Sellier Setzler Sheldon Sims, B Sims, C Sinkfield Smith, E Smith, K Smith, R Smith, T Smyre E Stephens, M Stephenson Stout Talton Taylor E Teilhet Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, 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, Golick of the 34th, Greene of the 149th, Hill of the 180th, Hudson of the 124th, Kidd of the 141st, Meadows of the 5th, Morris of the 155th, Shaw of the 176th, Smith of the 113th, Smith of the 70th, Stephens of the 164th, and Yates of the 73rd. THURSDAY, MARCH 18, 2010 1393 They wish to be recorded as present. Prayer was offered by Dr. Judson Hodges, Pastor, First United Methodist Church, Milledgeville, 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 1420. By Representatives Drenner of the 86th and Benfield of the 85th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal existing provisions relating to the prohibition of smoking in public places and to enact new provisions on such subject; to state legislative findings; to define terms; to prohibit smoking in state and local government buildings and vehicles; to prohibit smoking in bars and restaurants; to provide exceptions and conditions; to provide for criminal punishment; to authorize local governments to adopt more restrictive ordinances and policies and provide 1394 JOURNAL OF THE HOUSE for punishment of violations of such ordinances; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Special Rules. HB 1421. By Representatives Reese of the 98th, Sims of the 169th, Yates of the 73rd and Johnson of the 37th: A BILL to be entitled an Act relating to authorizing agent regarding the disposition of cremains, so as to provide for the disposition of certain cremains of veterans; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1422. 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. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1423. By Representatives Gordon of the 162nd, Glanton of the 76th, Mayo of the 91st, Long of the 61st, Stephens of the 161st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions for offenses against public health and morals, so as to provide for the crime of smoking in a motor vehicle while a child is restrained in a child passenger restraining system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. HB 1424. By Representatives Coan of the 101st, Rice of the 51st, Millar of the 79th and Howard of the 121st: A BILL to be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to THURSDAY, MARCH 18, 2010 1395 provide that certain Internet driver improvement programs qualify as the driving courses that must be completed in order to be eligible for a reduction in premiums for certain private passenger motor vehicle insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1425. By Representatives Benfield of the 85th and Lunsford of the 110th: 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 the requirement that political body and independent candidates file nomination petitions in order to gain ballot access; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1426. By Representatives Benfield of the 85th and Stephens of the 164th: 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 amend general provisions regarding alcoholic beverages; to provide for definitions; to change qualifications regarding brewpubs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. HB 1427. By Representatives Marin of the 96th and Rice of the 51st: 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 for a referendum; 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 provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. 1396 JOURNAL OF THE HOUSE HB 1428. By Representatives Marin of the 96th and Drenner of the 86th: A BILL to be entitled an Act to amend of 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 prohibit a school from being constructed within 500 feet of a freeway or other busy traffic corridor; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HB 1429. 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. HB 1430. 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 1433. By Representatives Benfield of the 85th, Powell of the 29th and Drenner of the 86th: A BILL to be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for regulation of international marriage brokers or international matchmaking organizations; to provide for legislative findings; to define terms; to require that certain information be collected and provided to persons using such brokerage or matchmaking services; to provide for a cause of action; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. THURSDAY, MARCH 18, 2010 1397 HB 1434. By Representatives Marin of the 96th and Rice of the 51st: 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, so as to provide that the mayor and councilmembers shall be elected by a plurality; 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 for an effective date; 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 1435. By Representative Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, so as to provide for the nourishment or hydration of a person receiving health care; 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 1436. By Representatives Knight of the 126th, Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to require compensated officers, directors, trustees, and board members of nonprofit hospitals to annually disclose specific financial information; to provide for definitions; to provide for a criminal penalty; to require an annual community benefit from certain hospitals; to require certain hospitals to periodically publish community benefit plans; to require certain hospitals to annually submit certain related documents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1437. By Representative Levitas of the 82nd: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as change the 1398 JOURNAL OF THE HOUSE membership of the board of directors of the Metropolitan Atlanta Rapid Transit 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. HR 1717. By Representative Jackson of the 142nd: A RESOLUTION honoring the life of Willie Lee Duckworth and dedicating a road in his honor; and for other purposes. Referred to the Committee on Transportation. HR 1736. By Representatives Wilkinson of the 52nd, Purcell of the 159th, Morris of the 155th, Hill of the 21st, Brooks of the 63rd and others: A RESOLUTION urging the Office of the Secretary of State and the Board of Regents of the University System of Georgia to work together to explore the future of the Georgia Capitol Museum and the possibility of creating a State Museum of Georgia History; and for other purposes. Referred to the Committee on Higher Education. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees: HB 1438. By Representatives Dobbs of the 53rd, Wilkinson of the 52nd, Channell of the 116th, Lindsey of the 54th, Ashe of the 56th and others: 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 relating to health, so as to provide for the distribution of informational videos on health related topics by hospitals and other health care facilities to mothers of newborn infants; to provide for a definition; to provide that such requirement is contingent on available funding; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1439. By Representatives Harden of the 28th, McCall of the 30th, England of the 108th, Powell of the 29th, Bearden of the 68th and others: THURSDAY, MARCH 18, 2010 1399 A BILL to be entitled an Act to amend Code Section 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard building codes, codes requiring adoption by municipality or county, adoption of more stringent requirements by local governments, and adoption of standards for which state code does not exist, so as to provide an exemption for certain farm buildings or structures; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Agriculture & Consumer Affairs. HB 1440. By Representatives Harbin of the 118th, Coan of the 101st and O`Neal of the 146th: A BILL to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide definitions; to provide for the regulation of blunt wraps; to provide for legislative intent; to provide for preemption of certain matters; 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 1441. By Representative Mills of the 25th: A BILL to be entitled an Act to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the procedures and conditions regarding certain levies; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. HR 1737. By Representatives Crawford of the 16th, Reece of the 11th, Porter of the 143rd, Thomas of the 100th and McKillip of the 115th: A RESOLUTION creating the Georgia Tax Reform Commission; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; to provide for an effective date; and for other purposes. Referred to the Committee on Ways & Means. 1400 JOURNAL OF THE HOUSE By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1394 HB 1395 HB 1396 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418 HB 1419 HB 1431 HB 1432 HR 1683 HR 1684 HR 1685 HR 1686 HR 1687 HR 1712 HR 1713 HR 1714 HR 1715 HR 1716 SB 345 SB 387 SB 392 SB 397 Representative Yates of the 73rd District, Chairman of the Committee on Defense and Veterans Affairs, submitted the following report: Mr. Speaker: Your Committee on Defense and Veterans Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1516 Do Pass Respectfully submitted, /s/ Yates of the 73rd Chairman Representative Hamilton of the 23rd 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: THURSDAY, MARCH 18, 2010 1401 HB 1166 Do Pass, by Substitute HB 1297 Do Pass, by Substitute Respectfully submitted, /s/ Hamilton of the 23rd Chairman Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1195 Do Pass, by Substitute HB 1364 Do Pass Respectfully submitted, /s/ Coan of the 101st Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 1053 Do Pass, by Substitute HB 1140 Do Pass HB 1345 Do Pass, by Substitute HR 136 Do Pass Respectfully submitted, /s/ Willard of the 49th Chairman Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: 1402 JOURNAL OF THE HOUSE 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 31 Do Pass, by Substitute HB 567 Do Pass, by Substitute HB 1133 Do Pass, by Substitute HB 1153 Do Pass, by Substitute HB 1328 Do Pass Respectfully submitted, /s/ Golick of the 34th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1404 Do Pass, by Substitute Respectfully submitted, /s/ Rice of the 51st Chairman Representative Smith of the 70th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report: Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1109 Do Pass, by Substitute HB 1206 Do Pass, by Substitute HB 1298 Do Pass HB 1359 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 70th Chairman THURSDAY, MARCH 18, 2010 1403 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 1338 Do Pass, by Substitute HB 1398 Do Pass Respectfully submitted, /s/ Day of the 163rd Chairman Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report: Mr. Speaker: Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1007 Do Pass, by Substitute Respectfully submitted, /s/ Smith of the 168th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR THURSDAY, MARCH 18, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below: 1404 JOURNAL OF THE HOUSE DEBATE CALENDAR Open Rule HB 1260 Service delivery regions; applicability of regions; revise a provision (SP&CA-Stephens-164th) Modified Open Rule HB 936 HB 994 HB 1119 HB 1144 Student transportation; allowance to refurbish existing school buses; provide (Substitute)(Ed-Battles-15th) Community Health, Department of; regulatory authority; revise provisions (Substitute)(H&HS-Houston-170th) Georgia Arthritis Prevention and Control Act; enact (H&HS-Harbin-118th) Juvenile proceedings; detention; change provisions (Substitute)(JudyNCOliver-83rd) Modified Structured Rule HB 1005 HB 1041 HB 1090 SB 370 Special license plates; Zoo Atlanta; provide (Substitute)(MotV-Dempsey13th) Tax digests; not approved by commissioner under certain conditions; eliminate (W&M-Epps-140th) Parks; Georgia Agrirama Development Authority; abolish; provide successor (Substitute)(GAff-Scott-153rd) Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress (Rules-Smith70th) Tolleson-20th Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: THURSDAY, MARCH 18, 2010 1405 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 150. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Wiles of the 37th, Moody of the 56th 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 repeal Chapter 22, relating to junk dealers, and designate it as reserved; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs relative to probate court, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: 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 under the "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and 1406 JOURNAL OF THE HOUSE instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. SB 402. By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating to definitions relative to land conservation programs and projects, so as to redefine certain terms; to repeal conflicting laws; and for other purposes. SB 406. By Senators Staton of the 18th, Williams of the 19th, Douglas of the 17th, Chance of the 16th, Harp of the 29th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for online voter registration; to provide for procedures; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of certain information maintained by the Department of Driver Services to identify certain voter registration applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 427. By Senators Weber of the 40th, Moody of the 56th, Thomas of the 54th, Jackson of the 24th, Sims of the 12th 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 establish the Georgia Foundation for Public Education and provide for its membership, duties, powers, and purposes; 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 150. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Wiles of the 37th, Moody of the 56th 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 repeal Chapter 22, relating to junk dealers, and designate it as reserved; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to THURSDAY, MARCH 18, 2010 1407 costs relative to probate court, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 364. By Senators Staton of the 18th, Unterman of the 45th, Murphy of the 27th, Brown of the 26th, Douglas of the 17th and others: A BILL to be entitled an Act to amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide that, upon conviction for a sexual offense, a person's massage therapist license shall be suspended for certain time periods; to provide for reinstatement under certain circumstances; to increase penalties for violations; to provide for local regulation in addition to state regulation; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 368. By Senators Jackson of the 24th, Murphy of the 27th, Williams of the 19th, Rogers of the 21st, Goggans of the 7th and others: 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 under the "Fair Business Practices Act of 1975," so as to change provisions relating to deceptive representations or designations of geographic origin; to revise provisions relative to unlawful telephone directory listings of nonlocal businesses; to require registration of assumed or fictitious trade names; to prohibit the use of assumed or fictitious trade names to intentionally misrepresent geographic origin or location; to provide for other related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. SB 369. By Senators Hamrick of the 30th, Mullis of the 53rd and Murphy of the 27th: A BILL to be entitled an Act to amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to modify the agencies and instrumentalities in which housing authorities can invest funds; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to modify the agencies and instrumentalities in which political subdivisions can invest funds; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Planning & Community Affairs. 1408 JOURNAL OF THE HOUSE SB 402. By Senators Tolleson of the 20th, Bulloch of the 11th and Hooks of the 14th: A BILL to be entitled an Act to amend Code Section 12-6A-2 of the Official Code of Georgia Annotated, relating to definitions relative to land conservation programs and projects, so as to redefine certain terms; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 406. By Senators Staton of the 18th, Williams of the 19th, Douglas of the 17th, Chance of the 16th, Harp of the 29th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for online voter registration; to provide for procedures; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the use of certain information maintained by the Department of Driver Services to identify certain voter registration applicants; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Science and Technology. SB 427. By Senators Weber of the 40th, Moody of the 56th, Thomas of the 54th, Jackson of the 24th, Sims of the 12th 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 establish the Georgia Foundation for Public Education and provide for its membership, duties, powers, and purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. The following members were recognized during the period of Morning Orders and addressed the House: Williams of the 89th, Geisinger of the 48th, Long of the 61st, Mangham of the 94th, and Carter of the 175th. 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: THURSDAY, MARCH 18, 2010 1409 HB 960. By Representatives Benton of the 31st and Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 22 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Defined Contribution Plan, so as to change the method of making a lump sum payment upon the member's death; 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 994. By Representatives Houston of the 170th, Sims of the 119th, Cooper of the 41st and Meadows of the 5th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to repeal various provisions relating to licensure of clinical laboratories; to revise various provisions of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise the regulatory authority of the Department of Community Health with respect to various facilities and entities; to authorize the department to establish a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-2-4, relating to the powers, duties, functions, and responsibilities of the Department of Community Health, by revising subsection (d) as follows: "(d) In addition to its other powers, duties, and functions, the department: 1410 JOURNAL OF THE HOUSE (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 work force issues; (3) 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; (4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (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; (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 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 (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 THURSDAY, MARCH 18, 2010 1411 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 support, 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; (9) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter 6 of Title 49. Such schedules shall 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 licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of the United States Department of Labor. All fees paid thereunder shall be paid into the general funds of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this paragraph be used to support and improve the quality of licensing services provided by the department; and (10)(A) The department may accept the certification or accreditation of an entity or program by a certification or accreditation body, in accordance with specific standards, as evidence of compliance by the entity or program with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit, provided that such certification or accreditation is established prior to the issuance or renewal of such permits. The department may not require an additional departmental inspection of any entity or program whose certification or accreditation has been accepted by the department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Nothing in this Code section shall prohibit either departmental inspections for violations of such standards or requirements or the revocation of or refusal to issue or renew permits, as authorized by applicable law, or for violation of any other applicable law or regulation pursuant thereto. (B) For purposes of this paragraph, the term: 1412 JOURNAL OF THE HOUSE (i) 'Entity or program' means an 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 (8) of this subsection; and Article 7 of Chapter 6 of Title 49. (ii) 'Permit' means any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in division (i) of this subparagraph." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Floyd Y Fludd N Franklin E Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Loudermilk Lucas Y Manning Y Marin E Martin Y Maxwell May Y Mayo N McCall McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Scott, A N Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Smith, T N Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout 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 THURSDAY, MARCH 18, 2010 1413 Y Collins, D Y Collins, T Y Cooper N Cox Y Harden, B N Harden, M N Hatfield Y Heard Y Lunsford E Maddox, B Y Maddox, G N Mangham Y Rice Y Roberts Y Rogers Y Rynders Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 131, nays 22. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Holt of the 112th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative 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. House of Representatives Atlanta, Georgia HB 994 contains an unconstitutional delegation of legislative power to the executive branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 HB 1119. By Representatives Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rynders of the 152nd and Kaiser of the 59th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for a short title; to provide for legislative findings and purposes; to provide for the development and implementation of an arthritis prevention and control program; to provide for related matters; to repeal conflicting laws; and for other purposes. The following amendment was read and adopted: Representative Harbin of the 118th moves to amend HB 1119 by inserting the words "or access to other private or public funds" after the word "appropriation" and before the comma on lines 96 and 100. 1414 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended. On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows: 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 Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas E 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd N Franklin E 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 N Hatfield Y Heard Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holt Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford E Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E 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 Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson N Stout 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 Ralston, Speaker On the passage of the Bill, as amended, the ayes were 152, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended. HB 1260. By Representatives Stephens of the 164th, Purcell of the 159th, Walker of the 107th and Cox of the 102nd: THURSDAY, MARCH 18, 2010 1415 A BILL to be entitled an Act to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to revise a provision relating to applicability of the regions; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Dobbs Y Dodson 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 E 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford E Maddox, B Y Maddox, G Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed. 1416 JOURNAL OF THE HOUSE Representatives Cox of the 102nd and Heard of the 114th stated that 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 936. By Representatives Battles of the 15th, Rynders of the 152nd, Roberts of the 154th, Coleman of the 97th, Maxwell of the 17th and others: A BILL to be entitled an Act to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, is amended by adding a new subsection to read as follows: "(a.1) Any funds that the State Board of Education allocates for school bus replacement may be used by local boards of education to refurbish existing school buses. Bus replacement funds may not be restricted by the state board for use only in purchasing new or replacement school buses. Any school bus that is refurbished shall be subject to all safety and maintenance inspection requirements provided for by law. Refurbishment of a school bus shall be done by a school bus manufacturer or by a dealer of a manufacturer." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 18, 2010 1417 The report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E 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 Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford E Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows N Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Millar of the 79th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 1418 JOURNAL OF THE HOUSE Representative Cox of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1005. By Representatives Dempsey of the 13th, Rice of the 51st, Kaiser of the 59th, Lindsey of the 54th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting Zoo Atlanta in its mission; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 40-2-86.21 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 Zoo Atlanta in its mission; to provide for a special license plate supporting the Alpha Kappa Alpha sorority in its efforts to provide academic scholarships for Georgia students; 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 by adding a new paragraphs to subsection (o) to read as follows: "(41) A special license plate for Zoo Atlanta to support its mission to inspire the citizens of Atlanta and Georgia and all visitors to the zoo to value wildlife on Earth; to help safeguard existing species through conservation by providing for an informative, educational, and engaging experience to all visitors; to carry out the responsible stewardship of the animals and the zoo facility; and to engage in related conservation activities and research. The funds raised by the sale of this special plate shall be disbursed to the Atlanta-Fulton County Zoo, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Protect Wildlife' in lieu of the name of the county of issuance. (42) A special license plate supporting the Alpha Kappa Alpha sorority in its efforts to provide academic scholarships for Georgia students. The funds raised by the sale of this special license plate shall be disbursed to the Alpha Kappa Alpha Educational Advancement Foundation. Such license plate shall not include a space for a county THURSDAY, MARCH 18, 2010 1419 name decal but shall instead bear the legend 'Alpha Kappa Alpha, Inc.' 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. The report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Frazier 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 N Hatfield Y Heard 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford E Maddox, B Y Maddox, G Mangham Y Manning Y Marin E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 2. 1420 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Loudermilk of the 14th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1041. By Representatives Epps of the 140th and Jackson of the 142nd: A BILL to be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to the approval of tax digests when property is in arbitration or on appeal, so as to eliminate certain conditions under which digests are not approved by the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas E Chambers Y Channell Y Cheokas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Dollar Y Dooley Y Drenner Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin E Frazier Y Fullerton 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 N Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Jordan Y Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lindsey Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard THURSDAY, MARCH 18, 2010 1421 Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Y Long Loudermilk Y Lucas Lunsford E Maddox, B Y Maddox, G Y Mangham Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 149, nays 4. The Bill, having received the requisite constitutional majority, was passed. Representative Dobbs of the 53rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report: Mr. Speaker: Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1059 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report: Mr. Speaker: Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 853 Do Pass, by Substitute HB 1061 Do Pass HB 1310 Do Pass HB 1314 Do Pass HB 1407 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman 1422 JOURNAL OF THE HOUSE 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 and Senate were taken up for consideration and read the third time: HB 1090. By Representatives Scott of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, so as to abolish the Georgia Agrirama Development Authority; to provide that Abraham Baldwin Agricultural College shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for employees; 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 11 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, so as to abolish the Georgia Agrirama Development Authority; to provide that the Board of Regents of the University System of Georgia shall be the successor to such authority and shall continue all functions of the authority without interruption; to provide for an assumption of assets and liabilities; to provide for contracts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 11 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agrirama Development Authority, is amended by revising subsection (c) of Code Section 12-3-651, relating to the Georgia Agrirama Development Authority, as follows: "(c) The authority shall exist for 99 years through June 30, 2010." SECTION 2. Said article is further amended by adding a new Code section to read as follows: THURSDAY, MARCH 18, 2010 1423 "12-3-662. (a) After June 30, 2010, the Board of Regents of the University System of Georgia shall be the successor to and a continuation of the authority and shall continue the mission of the authority. (b) The change of the governance of the State Museum of Agriculture and its continuation, as provided in this Code section, shall in no way affect any existing obligations, liabilities, or rights of the authority as such existed on June 30, 2010. All such obligations, liabilities, and rights are transferred to, vested in, and assumed by the Board of Regents of the University System of Georgia. All existing contracts and agreements between any party and the authority shall not be affected by this Code section but shall continue in full force and effect, without interruption, as contracts or agreements of the Board of Regents of the University System of Georgia. (c) All right, title, interest, and ownership of all assets, including all real estate, of the authority are transferred to and vested in the Board of Regents of the University System of Georgia." 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: Abdul-Salaam E Abrams Y Allison Y Amerson Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y 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 N Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R 1424 JOURNAL OF THE HOUSE Y Bryant Y Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas N 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 E 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 Y Hatfield Y Heard Y Jordan Y Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford E Maddox, B Y Maddox, G Y Mangham Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Rogers Y Rynders Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 150, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Anderson of the 117th and Scott of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 370. By Senators Tolleson of the 20th, Bulloch of the 11th, Cowsert of the 46th, Hooks of the 14th, Weber of the 40th and others: A BILL to be entitled an Act to enact and revise provisions of law relating to water supply and water conservation; to state legislative findings; to amend Chapter 5 of Title 12 of the O.C.G.A., relating to water resources, so as to require the Georgia Department of Natural Resources, including its Environmental Protection Division, and for other agencies to examine their practices, programs, policies, rules, and regulations in order to develop programs and incentives for voluntary water conservation; to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia, relating to buildings in general, so as to require high-efficiency toilets, shower heads, and faucets; 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 18, 2010 1425 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 Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Lucas Lunsford E Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo N 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 Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre E Stephens, M Y Stephens, R Y Stephenson Y Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 153, nays 8. The Bill, having received the requisite constitutional majority, was passed. House of Representatives Atlanta, Georgia 30334 This version of SB 370 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 370. 1426 JOURNAL OF THE HOUSE /s/ Bobby Franklin Representative, District 43 HB 1144. By Representatives Oliver of the 83rd, Willard of the 49th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings and credit for time served in confinement, respectively, so as to change certain provisions relating to detention of juveniles; to clarify provisions relating to payment of certain expenses by the county; to clarify provisions relating to credit for time served for juveniles adjudicated for designated felonies; to clarify provisions relating to juveniles receiving credit for time served; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Code Sections 15-11-63 and 17-10-11 of the Official Code of Georgia Annotated, relating to designated felony acts and credit for time served in confinement, respectively, so as to clarify provisions relating to juveniles receiving credit for time served; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by revising subparagraph (e)(1)(B) as follows: "(B) The child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the child shall initially be confined in a youth development center for 18 months;" SECTION 2. Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to credit for time served in confinement, is amended by revising subsection (b) as follows: THURSDAY, MARCH 18, 2010 1427 "(b) This Code section applies to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state, except juvenile courts." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. An amendment by Representatives Ehrhart of the 36th and Powell of the 171st was ruled out of order because it failed to meet the time requirements pursuant to Rule 33.2. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter N Burns Butler N Byrd Carter N Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Crawford N Davis Y Dawkins-Haigler Y Day Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd Y Franklin E Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Hanner Harbin Y Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A N Holt N Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James N Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd N Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Manning Y Marin E Martin Y Maxwell N May Y Mayo McCall Y McKillip N Meadows Y Millar N Mills E Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece N Reese Y Scott, A N Scott, M E Sellier Y Setzler Shaw N Sheldon Y Sims, B Y Sims, C Y Sinkfield E Smith, B Y Smith, E N Smith, K N Smith, L N Smith, R Y Smith, T Y Smyre E Stephens, M Stephens, R Y Stephenson Y Stout 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 1428 JOURNAL OF THE HOUSE E Collins, D Y Collins, T Y Cooper N Cox Y Harden, B Y Harden, M Y Hatfield Y Heard Y Lunsford E Maddox, B Y Maddox, G Y Mangham Y Rice N Roberts N Rogers N Rynders Y Williams, R Y Wix N Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 118, nays 34. The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Loudermilk of the 14th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. Due to a mechanical malfunction, the vote of Representative Dempsey of the 13th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon. 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 347 HB 971 HB 985 HB 1055 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1069 HB 1105 HB 1272 HB 1405 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker assumed the Chair. The following Resolutions of the House were read and adopted: HR 1738. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending C. Joseph Privateer; and for other purposes. THURSDAY, MARCH 18, 2010 1429 HR 1739. By Representatives Oliver of the 83rd and Benfield of the 85th: A RESOLUTION commending current and former members of the United States military on March 20, 2010; and for other purposes. HR 1740. By Representative Benfield of the 85th: A RESOLUTION recognizing and commending Destiny Academy of Excellence; and for other purposes. HR 1741. By Representatives Mangham of the 94th, Brooks of the 63rd, DawkinsHaigler of the 93rd, Heard of the 114th, Beasley-Teague of the 65th and others: A RESOLUTION recognizing March 18, 2010, as Africa Diaspora Day at the state capitol; and for other purposes. HR 1742. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Kirkland Douglas Malcolm; and for other purposes. HR 1743. By Representative Dukes of the 150th: A RESOLUTION honoring the life and memory of Mr. William Francis Noble, Sr.; and for other purposes. HR 1744. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Alexander Conrad Walgren; and for other purposes. HR 1745. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Preston William Ehlers; and for other purposes. HR 1746. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending Connor Reed Crank; and for other purposes. 1430 JOURNAL OF THE HOUSE HR 1747. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending James Benjamin Stamberger; and for other purposes. HR 1748. By Representative Dollar of the 45th: A RESOLUTION recognizing and commending George Capron Merriam IV; and for other purposes. HR 1749. By Representatives Lindsey of the 54th, Jones of the 46th, Coleman of the 97th and Casas of the 103rd: A RESOLUTION congratulating Mrs. Marie Corrigan on being named Georgia Mother of the Year; and for other purposes. HR 1750. By Representatives Knight of the 126th and Yates of the 73rd: A RESOLUTION recognizing and commending Mrs. Helen Grayson; and for other purposes. HR 1751. By Representatives Dobbs of the 53rd, Ashe of the 56th, Hill of the 180th, Gardner of the 57th, Henson of the 87th and others: A RESOLUTION recognizing and commending the Georgia Commission on Family Violence; and for other purposes. HR 1752. By Representative Hudson of the 124th: A RESOLUTION recognizing and commending Mr. Edward Cooper Gunby; and for other purposes. HR 1753. By Representative Hudson of the 124th: A RESOLUTION recognizing and commending Mr. George William "Sonny" Poss; and for other purposes. HR 1754. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Harold DeLong; and for other purposes. THURSDAY, MARCH 18, 2010 1431 HR 1755. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Roy H. Turner, Sr.; and for other purposes. HR 1756. By Representative Greene of the 149th: A RESOLUTION recognizing and commending Mr. Grady Holman, Jr.; and for other purposes. HR 1757. By Representatives Mayo of the 91st, Heard of the 114th and Mangham of the 94th: A RESOLUTION recognizing and commending the Stone MountainLithonia Alumni Chapter of Kappa Alpha Psi Fraternity; and for other purposes. HR 1758. By Representatives Buckner of the 130th, Day of the 163rd, Walker of the 107th, Cooper of the 41st, Bell of the 58th and others: A RESOLUTION recognizing and commending the Lighthouse Lymphedema Network; and for other purposes. HR 1759. By Representatives Geisinger of the 48th, Porter of the 143rd, Cheokas of the 134th, Ashe of the 56th, Scott of the 2nd and others: A RESOLUTION recognizing Wednesday, March 24, 2010, as Skin Cancer Awareness Day at the state capitol; and for other purposes. HR 1760. By Representatives Ashe of the 56th, Bell of the 58th and Benfield of the 85th: A RESOLUTION recognizing and commending Dr. Rosemary Lvy Zumwalt; and for other purposes. HR 1761. By Representatives Ashe of the 56th, Gardner of the 57th, Morgan of the 39th, Drenner of the 86th, Sinkfield of the 60th and others: A RESOLUTION recognizing and commending Dr. Rogsbert F. Phillips; and for other purposes. 1432 JOURNAL OF THE HOUSE HR 1762. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending Dr. Susan McGee Bailey on the occasion of her retirement; and for other purposes. HR 1763. By Representatives Ashe of the 56th and Kaiser of the 59th: A RESOLUTION recognizing and commending the Consumer Advocacy Group and the Customer Satisfaction Network; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1764. By Representatives Parrish of the 156th, Channell of the 116th, Ralston of the 7th, Keen of the 179th, Jones of the 46th and others: A RESOLUTION recognizing and commending Mr. A.D. "Pete" Correll and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1765. By Representatives Loudermilk of the 14th, Nix of the 69th, Lunsford of the 110th, Cheokas of the 134th, Pruett of the 144th and others: A RESOLUTION recognizing the Civil Air Patrol for their service to the citizens of Georgia and inviting certain members to be recognized by the House of Representatives; and for other purposes. HR 1766. By Representative Anderson of the 117th: A RESOLUTION recognizing and commending The Lewis Family and inviting them to be recognized by the House of Representatives; 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 1378. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 18, 2010 1433 By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and referred to the Committee on Education: HB 1100. By Representatives Casas of the 103rd, Setzler of the 35th, Morgan of the 39th, Lindsey of the 54th, Austin of the 10th 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 require the State Board of Education to include a growth model as a primary factor in its calculation of adequate yearly growth; to assign annual individual school ratings for each public school in this state for academic performance on designated tests; to establish thresholds for measurement of performance; to replace the Georgia High School Graduation Test with end-of-course assessments for graduation purposes beginning in the 2010-2011 school year; to revise provisions for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By unanimous consent, the following Bill of the House was withdrawn from the Committee on Economic Development and Tourism and referred to the Committee on Ways & Means: HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1031 Do Pass, by Substitute HB 1110 Do Pass HB 1200 Do Pass 1434 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Coleman of the 97th 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 1150 Do Pass, by Substitute Respectfully submitted, /s/ Maxwell of the 17th Chairman Representative Roberts of the 154th 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 1218 Do Pass, by Substitute Respectfully submitted, /s/ Roberts of the 154th Chairman Representative Lindsey of the 54th moved that the House stand in recess until 5:00 o'clock, P.M., then adjourn until 10:00 o'clock, A.M., Monday, March 22, 2010. The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Monday, March 22, 2010. MONDAY, MARCH 22, 2010 1435 Representative Hall, Atlanta, Georgia Monday, March 22, 2010 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 Austin Baker Barnard Battles Bearden E Beasley-Teague Bell Benfield Benton Black Brooks Bruce Bryant E Buckner Burkhalter Burns Butler Carter Casas Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper Cox Crawford Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dooley E Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon E Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard E Henson Hill, C.A Holt Horne Houston Hugley Jackson Jacobs E James Jerguson Johnson Jones, S Jordan Kaiser Keown Kidd Knight Knox Lane, B Lane, R Levitas Long E Loudermilk Maddox, B Maddox, G Mangham E Martin Maxwell May Mayo McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver Parrish Parsons Peake Porter Powell, A Powell, J Purcell Randall Reece Rice Roberts Rogers Rynders Scott, A Scott, M E Sellier E Setzler Shaw Sims, B Sims, C E Smith, B Smith, E Smith, K Smith, L Smith, R Smith, T Stephens, M Stephens, R Stephenson E Stout Talton Taylor Teilhet Thomas Thompson Wilkinson Williams, A Williams, E Williams, M Williams, R Wix Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Ashe of the 56th, Byrd of the 20th, Coan of the 101st, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Epps of the 128th, Golick of the 34th, Hembree of the 67th, Howard of the 121st, Hudson of the 124th, Keen of the 179th, Lindsey of the 54th, Lucas of the 139th, Lunsford of the 110th, Manning of the 32nd, Marin of the 96th, McCall of the 30th, O`Neal of the 146th, Pruett of the 144th, Ramsey of the 72nd, Reese of the 98th, Sinkfield of the 60th, Smyre of the 132nd, Walker of the 107th, and Willard of the 49th. 1436 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Thurman Hayes, Peachtree Corners Baptist Church, Norcross, 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 1442. By Representatives Lunsford of the 110th, Mangham of the 94th and Hatfield of the 177th: A BILL to be entitled an Act to amend Titles 36 and 46 of the Official Code of Georgia Annotated, relating to local government and to public utilities and public transportation, respectively, so as to provide for the creation, authority, powers, and membership of the Local Government Prepaid Wireless 9-1-1 Fee Collection Authority; to provide for definitions; to change certain provisions relating to the remittance of 9-1-1 charges; to provide for payment by prepaid wireless service suppliers to the Local Government MONDAY, MARCH 22, 2010 1437 Prepaid Wireless 9-1-1 Fee Collection Authority and not to the Emergency 91-1 Assistance Fund; 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 1443. By Representative Scott of the 153rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to abolish the State Road and Tollway Authority; to provide for the transfer of certain duties, responsibilities, obligations, and functions to the Department of Transportation; to provide for the disposition of liabilities, assets, and property of the authority; to provide for the continuation of certain rules and regulations; to provide for related matters; to conform statutory references; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. HR 1767. By Representatives Drenner of the 86th, Thomas of the 100th, Murphy of the 120th, Manning of the 32nd, Buckner of the 130th and others: A RESOLUTION creating the House Study Committee on Renewable Energy; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HR 1768. By Representative Collins of the 27th: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to remove from the Constitution provisions relating to the State Personnel Board and a State Merit System of Personnel Administration; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees: 1438 JOURNAL OF THE HOUSE HB 1456. By Representatives Lunsford of the 110th, Mills of the 25th, Coan of the 101st, Powell of the 29th, Williams of the 4th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide legislative findings; to provide definitions; to prohibit certain practices by credit card companies; to provide for penalties and civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Banks & Banking. HB 1457. By Representatives Benfield of the 85th, Morgan of the 39th, Kaiser of the 59th and Loudermilk of the 14th: A BILL to be entitled an Act to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school students' records, so as to provide that public high schools shall provide students and parents and guardians with the option of not releasing their personal information to military recruiters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. HR 1783. By Representatives Lucas of the 139th, Peake of the 137th and O`Neal of the 146th: A RESOLUTION creating the House Study Committee on the Hotel Motel Tax; 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 1420 HB 1421 HB 1422 HB 1423 HB 1424 HB 1425 HB 1426 HB 1427 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HR 1717 HR 1736 HR 1737 MONDAY, MARCH 22, 2010 1439 HB 1428 HB 1429 HB 1430 HB 1433 HB 1434 HB 1435 HB 1436 SB 150 SB 364 SB 368 SB 369 SB 402 SB 406 SB 427 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 1439 Do Pass, by Substitute Respectfully submitted, /s/ McCall of the 30th Chairman Representative Manning of the 32nd District, Chairman of the Committee on Children and Youth, submitted the following report: Mr. Speaker: Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1300 Do Pass, by Substitute Respectfully submitted, /s/ Manning of the 32nd Chairman Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report: Mr. Speaker: 1440 JOURNAL OF THE HOUSE 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 861 HB 897 HB 1040 HB 1095 Do Pass Do Pass, by Substitute Do Pass, by Substitute Do Pass HB 1104 HB 1183 HB 1303 HB 1309 Do Pass, by Substitute Do Pass Do Pass, by Substitute 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 1119 Do Pass HR 1323 Do Pass HR 1688 Do Pass HR 1765 Do Pass Representative Roberts of the 154th 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 1174 Do Pass, by Substitute Respectfully submitted, /s/ Roberts of the 154th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR MONDAY, MARCH 22, 2010 Mr. Speaker and Members of the House: MONDAY, MARCH 22, 2010 1441 The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule HB 831 HB 1196 HB 1236 HB 1279 HB 1387 HB 1388 State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects (Substitute)(I&A-Sims-169th) Buildings; no building code require fire sprinklers in single-family dwelling; provide (Substitute)(A&CA-England-108th) Court reports; reduce number of reports to distribute; change provisions (Substitute)(Judy-Willard-49th) Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirements (Judy-Willard-49th) Official Code of Georgia Annotated; correct errors and omissions (JudyWillard-49th) Development authorities; change a certain definition (Substitute)(SCSBDJBearden-68th) Modified Structured Rule HB 203 HB 281 HB 1021 HB 1047 HB 1086 HB 1103 HB 1134 HB 1138 HB 1307 Local government; development authorities; clarify certain terms (Substitute)(SP&CA-Jacobs-80th) Georgia Virtual School Opportunity and Enrichment Act; enact (Substitute)(S&T-Walker-107th) Dangerous drugs; Salvia divinorum A; include (Substitute)(H&HSLunsford-110th) Flow of traffic; minimum fine for impeding traffic flow; provide (Substitute)(Trans-Butler-18th) Public records; teacher and school employee information; exempt from disclosure (Substitute)(Ed-Austin-10th) Education; Professional Standards Commission; criminal background checks; provisions (Substitute)(Ed-Maxwell-17th) State and Local Public-Private Partnership Act of 2010; enact (SP&CAWillard-49th) Revenue and tax; define Internal Revenue Code; incorporate federal law (Substitute)(W&M-O`Neal-146th) Teacher certification; learning requirements for renewal; temporarily suspend (Substitute)(Ed-Dickson-6th) 1442 JOURNAL OF THE HOUSE Structured Rule HB 1170 HR 178 HR 1086 Medical assistance; health organizations providing service under Medicaid; repeal tax exemption (App-Cole-125th) Enforcement of contracts; restrict competition; provisions - CA (Substitute)(Judy-Levitas-82nd) Health care system; no law shall compel participation; provide - CA (H&HS-Hill-21st) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th 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 118. By Senators Brown of the 26th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 48-5-263 of the Official Code of Georgia Annotated, relating to qualifications, duties, and compensation of appraisers, so as to prohibit persons who are serving or have served in the past year as a member of a county board of tax assessors from serving as an employee of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 285. By Senators Thompson of the 5th, Weber of the 40th, Stoner of the 6th, Mullis of the 53rd, Seay of the 34th 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. MONDAY, MARCH 22, 2010 1443 SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony act; to amend Code Section 16-11127.1 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 change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 317. By Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: 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 concerning health, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system; to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 321. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to provide for private operation or ownership of new public water supply reservoirs in certain cases; to provide for requests for proposals for projects; to provide for reimbursement of project advancement costs; to provide for an evaluation process; to provide for awards; to provide conditions and restrictions; to provide for rules and regulations; to provide a short title; to repeal conflicting laws; and for other purposes. SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications 1444 JOURNAL OF THE HOUSE devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. SB 435. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th 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 Community Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 439. By Senators Smith of the 52nd and Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 440. By Senators Mullis of the 53rd, Murphy of the 27th, Hawkins of the 49th, Chapman of the 3rd, Unterman of the 45th 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 Firefighter Standards and Training Council to the Georgia Firefighter Minimum Standards Council; to modify provisions of the Code consistent with the name change; to provide for MONDAY, MARCH 22, 2010 1445 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1080. 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 creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, so as to provide for a certain time period for qualifying for election to such board; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1225. By Representatives Horne of the 71st, Smith of the 70th, Bearden of the 68th, Brooks of the 63rd, Nix of the 69th and others: A BILL to be entitled an Act to amend an Act approved May 17, 2004 (Ga. L. 2004, p. 4521), creating the Western Area Regional Radio System Authority, so as to provide that the board of commissioners of Coweta County shall be an establishing local government of the authority; to provide that Coweta County shall appoint two members to the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1255. By Representatives Rogers of the 26th, Mills of the 25th, Benton of the 31st and Collins of the 27th: A BILL to be entitled an Act to amend an Act providing for homestead exemptions from City of Gainesville independent school district ad valorem taxes for educational purposes for certain residents of that school district who are disabled or who are senior citizens, approved March 19, 1987 (Ga. L. 1987, p. 4209), as amended, so as to allow any person who is disabled or is 62 to 70 years of age who receives the first exemption of $30,000.00 to automatically receive the second full value exemption upon reaching 70 years of age; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1275. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to repeal an Act entitled "An Act to increase the number of directors on the board of the Wayne County Industrial Development Authority," approved May 1, 2006 (Ga. L. 2006, p. 3995); to repeal conflicting laws; and for other purposes. 1446 JOURNAL OF THE HOUSE HB 1281. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change provisions relating to the chairperson and vicechairperson of the board and their selection, service, power, and duties; to change provisions relating to voting and removal from office of the chairperson and vice-chairperson; to provide an effective date Act; to repeal conflicting laws; and for other purposes. HB 1282. By Representative Greene of the 149th: A BILL to be entitled an Act to provide a new charter for the City of Leary, Georgia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1292. By Representatives Powell of the 171st, Houston of the 170th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to create the Colquitt County Family Connection Collaborative on Children and Families, approved April 13, 2001 (Ga. L. 2001, p. 4117), so as to change the membership; to change the quorum; to repeal conflicting laws; and for other purposes. HB 1341. By Representative Graves of the 12th: A BILL to be entitled an Act to create the Board of Commissioners of Pickens County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county administrator or manager under certain circumstances; to provide for filling of vacancies; to provide for effective dates and automatic repeals; 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: MONDAY, MARCH 22, 2010 1447 SB 118. By Senators Brown of the 26th and Chance of the 16th: A BILL to be entitled an Act to amend Code Section 48-5-263 of the Official Code of Georgia Annotated, relating to qualifications, duties, and compensation of appraisers, so as to prohibit persons who are serving or have served in the past year as a member of a county board of tax assessors from serving as an employee of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 285. By Senators Thompson of the 5th, Weber of the 40th, Stoner of the 6th, Mullis of the 53rd, Seay of the 34th 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. SB 299. By Senators Jones of the 10th, Grant of the 25th, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Parts 5 and 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention and delinquent and unruly children, respectively, so as to change provisions relating to the zero tolerance policy on weapons in schools; to prohibit pre-hearing detentions via a standing order of the court; to change provisions relating to the designated felony 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 change a provision relating to handling cases involving children; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 317. By Senators Hill of the 32nd, Shafer of the 48th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: 1448 JOURNAL OF THE HOUSE 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 concerning health, so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system; to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 321. By Senators Pearson of the 51st, Williams of the 19th, Rogers of the 21st, Tolleson of the 20th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 6 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water supply, so as to provide for private operation or ownership of new public water supply reservoirs in certain cases; to provide for requests for proposals for projects; to provide for reimbursement of project advancement costs; to provide for an evaluation process; to provide for awards; to provide conditions and restrictions; to provide for rules and regulations; to provide a short title; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 360. By Senators Murphy of the 27th, Tate of the 38th, Hamrick of the 30th, Balfour of the 9th, Jackson of the 24th 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 prohibit persons 18 years of age or younger from using wireless telecommunications devices for sending or receiving text messages while operating a motor vehicle; to provide penalties for violations; to change certain provisions relating to a driver's exercise of due care; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SB 411. By Senators Hudgens of the 47th, Goggans of the 7th, Seabaugh of the 28th, Mullis of the 53rd, Wiles of the 37th and others: MONDAY, MARCH 22, 2010 1449 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 a short title; to provide for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in certain individual accident and sickness insurance and group accident and sickness insurance policies; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 435. By Senators Thomas of the 54th, Balfour of the 9th, Williams of the 19th, Harbison of the 15th, Goggans of the 7th 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 Community Health, so as to enact the "Diabetes and Health Improvement Act of 2010"; to provide legislative findings; to establish the Georgia Diabetes Control Office; to provide for a board of trustees; to provide for the establishment of two grant programs to promote a state-wide effort to combat the proliferation of diabetes; to provide for grant criteria; to provide for staff; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 439. By Senators Smith of the 52nd and Unterman of the 45th: A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for gender neutrality with regard to the offense of incest; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 440. By Senators Mullis of the 53rd, Murphy of the 27th, Hawkins of the 49th, Chapman of the 3rd, Unterman of the 45th 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 Firefighter Standards and Training Council to the Georgia Firefighter Minimum Standards Council; to modify provisions of the Code consistent with the name change; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1450 JOURNAL OF THE HOUSE Referred to the Committee on Public Safety and Homeland Security. The following members were recognized during the period of Morning Orders and addressed the House: Nix of the 69th, Crawford of the 16th, Long of the 61st, Dooley of the 38th, Sims of the 169th, Powell of the 29th, and Smith of the 113th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1119. 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 1323. By Representative Maddox of the 172nd: A RESOLUTION recognizing and commending Dr. Larry Corry and inviting him to appear before the House of Representatives; and for other purposes. HR 1688. By Representatives Shaw of the 176th and Ehrhart of the 36th: A RESOLUTION recognizing and commending the 2009 Southern Polytechnic State University baseball team and inviting the players and coaches to be recognized by the House of Representatives; and for other purposes. HR 1765. By Representatives Loudermilk of the 14th, Nix of the 69th, Lunsford of the 110th, Cheokas of the 134th, Pruett of the 144th and others: A RESOLUTION recognizing the Civil Air Patrol for their service to the citizens of Georgia and inviting certain members to be recognized by the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1388. By Representatives Bearden of the 68th, Lunsford of the 110th, Willard of the 49th, Porter of the 143rd, Abrams of the 84th and others: MONDAY, MARCH 22, 2010 1451 A BILL to be entitled an Act to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 36-42-3 of the Official Code of Georgia Annotated, relating to definitions regarding downtown development authorities, so as to change a certain definition; to provide that downtown development authorities may finance certain conservation projects; to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, so as to change a certain definition; to provide that development authorities may finance certain conservation projects; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-42-3 of the Official Code of Georgia Annotated, relating to definitions regarding downtown development authorities, is amended by revising paragraph (6) as follows: "(6) 'Project' means: (A) The the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 43 of this title as part of a city business improvement district, any undertaking authorized in Chapter 44 of this title, the 'Redevelopment Powers Law,' when the downtown development authority has been designated as a redevelopment agency, or any undertaking authorized in Chapter 61 of this title, the 'Urban Redevelopment Law,' when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in its authorized area of operation; and (B) The provision of financing to property owners for the purpose of installing or modifying improvements to their property in order to reduce the energy or water 1452 JOURNAL OF THE HOUSE consumption on such property or to install an improvement to such property that produces energy from renewable resources. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Community Health and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities." SECTION 2. Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions regarding development authorities, is amended in paragraph (6) by adding a new subparagraph to read as follows: "(K.1) The provision of financing to property owners for the purpose of installing or modifying improvements to their property in order to reduce the energy or water consumption on such property or to install an improvement to such property that produces energy from renewable resources;" 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 Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Benfield Y Benton Y Black Y Brooks Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson 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 E James Y Jerguson Y Johnson 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 Y Morgan Morris Y Mosby Y Murphy Y Neal Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M MONDAY, MARCH 22, 2010 1453 Y Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter 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 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 Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Stephens, R Y Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 160, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. Representative Howard of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1307. By Representatives Dickson of the 6th, Neal of the 1st, Maxwell of the 17th, Carter of the 175th, Casas of the 103rd and others: A BILL to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to temporarily suspend professional learning requirements for certification renewal for teachers and paraprofessionals; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, so as to temporarily suspend professional learning requirements for 1454 JOURNAL OF THE HOUSE certification renewal for teachers and paraprofessionals; to eliminate a required course in computer skill competency; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to teacher certification, is amended by revising paragraph (4) of subsection (b) as follows: "(4) Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct; provided, however, that from July 1, 2010, through July 1, 2015, no professional learning requirements shall be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by: (A) Completing a course in computer skill competency, including but not limited to the phase one InTech model training program; or (B) Receiving receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this subparagraph paragraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this subparagraph paragraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: MONDAY, MARCH 22, 2010 1455 Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Stephens, R Y Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Baker of the 78th, Davis of the 109th, Howard of the 121st 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. HB 1138. By Representatives O`Neal of the 146th and Knight of the 126th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby 1456 JOURNAL OF THE HOUSE incorporate certain provisions of the federal law into Georgia law; to change certain electronic filing requirements; to provide 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 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to change certain electronic filing requirements; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-1-2, relating to definitions regarding revenue and taxation, 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, 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 2010, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), 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)(H), Section 172(b)(1)(J), Section 172(j), Section 199, Section 810(b)(4), 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(b)(1)(F), 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, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect. For taxable years beginning on or after January 1, 2009, the terms 'Internal Revenue Code' or 'Internal Revenue Code of 1986' shall also include the provisions of federal Public Law 111-126 as enacted on January 22, 2010. In the event MONDAY, MARCH 22, 2010 1457 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, 2009 2010, 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, 2009, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2009 2010, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said title is further amended in Code Section 48-7-21, relating to the calculation of Georgia taxable net income for corporations, by revising paragraph (5) of subsection (b) as follows: "(5) Reserved All elections under Section 338 of the Internal Revenue Code of 1986 shall also apply under this article." SECTION 3. Said title is further amended by revising Code Section 48-7-54, relating to electronic filing, as follows: "48-7-54. The commissioner may require any nonindividual taxpayer and any return preparer who prepares any return, report, or other document required to be filed by this chapter to electronically file any return, report, or other document required to be filed by this chapter when the federal counterpart of such return, report, or other document is required to be filed electronically pursuant to the Internal Revenue Code of 1986 or Internal Revenue Service regulations. The commissioner shall be authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effectuate this Code section." SECTION 4. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2009. (c) Section 2 of this Act shall apply with respect to stock purchases and sales occurring on or after the effective date of this Act. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. 1458 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Dukes Y Ehrhart Y England Y 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 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout 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 Ralston, 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. Representatives Baker of the 78th and Davis of the 109th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. MONDAY, MARCH 22, 2010 1459 HB 1134. By Representatives Willard of the 49th, Ramsey of the 72nd, Pruett of the 144th and Hamilton of the 23rd: 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 enact the "State and Local Public-Private Partnership Act of 2010"; to state legislative findings and intent that certain state and local government programs, services, and activities may be carried out and delivered with greater efficiency or at a reduced cost through public-private partnerships; to provide for implementation through an office and an advisory council; to provide for powers and duties of the office in encouraging and facilitating state and local partnership initiatives; to provide for elements of partnership initiatives; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton N Black Y Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter N Casas N Chambers Channell N Cheokas Coan Y Cole N Crawford N Davis Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dodson N Dollar Y Dooley E Drenner Y Dukes N Ehrhart England N Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves N Greene N Hamilton N Hanner 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 Y Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J N Jones, S Jordan Y Kaiser Y Keen N Keown Kidd Y Knight N Knox N Lane, B Y Lane, R Y Levitas Y Lindsey N Long N Loudermilk N Manning N Marin E Martin N Maxwell N May N Mayo Y McCall Y McKillip N Meadows N Millar N Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy N Neal N Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece N Scott, A N Scott, M E Sellier N Setzler N Shaw N Sheldon Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L N Smith, R Y Smith, T N Smyre N Stephens, M Stephens, R Y Stephenson E Stout N Talton Y Taylor Y Teilhet N Thomas N Thompson N Walker Weldon Y Wilkinson Y Willard Williams, A Y Williams, E 1460 JOURNAL OF THE HOUSE Y Coleman E Collins, D N Collins, T N Cooper E Cox N Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Reese Y Rice Y Roberts Y Rogers N Rynders N Williams, M N Williams, R Y Wix N Yates Ralston, Speaker On the passage of the Bill, the ayes were 57, nays 103. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Jordan of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. House of Representatives Atlanta, Georgia 30334 Article III, Section VI, Paragraph V (c) provides that "The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are hereby declared to be unlawful and void." HB 1134 would violate that constitutional provision. /s/ Bobby Franklin Representative District 43 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 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. The following Committee substitute was read and adopted: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for contracts that limit competitive activities between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, MONDAY, MARCH 22, 2010 1461 franchisors and franchisees, sellers and purchasers of a business or commercial enterprise, or two or more employers; 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 VI, Paragraph V of the Constitution is amended by revising subparagraph (c) as follows: "(c)(1) The General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, or encouraging a monopoly, which are is hereby declared to be unlawful and void. Except as otherwise provided in subparagraph (c)(2) of this paragraph, the General Assembly shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition, which is hereby declared to be unlawful and void. (2) The General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among: (A) Employers and employees; (B) Distributors and manufacturers; (C) Lessors and lessees; (D) Partnerships and partners; (E) Franchisors and franchisees; (F) Sellers and purchasers of a business or commercial enterprise; or (G) Two or more employers. (3) The authority granted to the General Assembly in subparagraph (c)(2) of this paragraph shall include the authority to grant to courts by general law the power to limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement restricting or regulating competitive activities to render such contract or agreement reasonable under the circumstances for which it was made." 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 permit the General Assembly to enact laws that authorize contract provisions regulating ( ) NO competitive activities and to enable courts to ensure the reasonableness of such contracts?" 1462 JOURNAL OF THE HOUSE All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Pursuant to Rule 133, Representative Millar of the 79th was excused from voting on HR 178. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: N Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell N Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Dooley E Drenner N Dukes Y Ehrhart Y England Y 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 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 Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout Y Talton N Taylor Y 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 Ralston, Speaker MONDAY, MARCH 22, 2010 1463 On the adoption of the Resolution, by substitute, the ayes were 158, nays 12. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. HB 1196. By Representatives England of the 108th, Ehrhart of the 36th, Shaw of the 176th, Hanner of the 148th and McCall of the 30th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a singlefamily dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Part 1 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, so as to provide that no building code shall include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building containing no more than two dwelling units; 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 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to buildings generally, is amended by adding a new Code section to read as follows: "8-2-4. Neither the state residential and fire building code nor any residential and fire building code adopted by a political subdivision of the state adopted after the effective date of this Code section shall include a requirement that fire sprinklers be installed in a singlefamily dwelling or a residential building that contains no more than two dwelling units." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 1464 JOURNAL OF THE HOUSE SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Levitas of the 82nd and Knox of the 24th move to amend the substitute to HB 1196 (LC 21 0779S) by substituting for lines 12 through 15 the following: Until January 1, 2013, the state residential and fire building code shall not include a requirement that fire sprinklers be installed in a single-family dwelling or a residential building that contains no more than two dwelling units." On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison Y Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield N Benton N Black Y Brooks Y Bruce N Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Cooper E Cox Y Crawford N Davis Y Dawkins-Haigler Y Day N Dempsey N Dickson Y Dobbs N Dodson Y Dollar Y Dooley E Drenner Y Dukes N Ehrhart N England N Epps, C N Epps, J N Everson N Floyd Y Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon N Graves Y Greene N Hamilton N Hanner N Harbin Y Harden, B N Harden, M N Hatfield Y Heard Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne Y Houston Y Howard N Hudson N Hugley Y Jackson Y Jacobs E James N Jerguson N Johnson N Jones, J Y Jones, S N Jordan N Kaiser N Keen Y Keown Y Kidd Knight Y Knox N Lane, B N Lane, R Levitas N Lindsey Y Long N Loudermilk N Lucas 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 Y Morgan N Morris Y Mosby N Murphy N Neal N Nix N Oliver Y O'Neal N Parrish N Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett N Purcell N Ramsey Y Randall N Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A N Scott, M E Sellier Y Setzler N Shaw N Sheldon N Sims, B Sims, C N Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L N Smith, R N Smith, T N Smyre N Stephens, M N Stephens, R Y Stephenson E Stout Y Talton Y Taylor N Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates Ralston, Speaker MONDAY, MARCH 22, 2010 1465 On the adoption of the amendment, the ayes were 53, nays 113. The amendment was lost. Representative Levitas of the 82nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Allison N Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins, D Collins, T Cooper E Cox N Crawford Y Davis N Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs Y Dodson Dollar N Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin N Harden, B Y Harden, M Y Hatfield N Heard Heckstall Y Hembree N Henson Y Hill, C Hill, C.A Y Holt Y Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Kidd Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham Y Manning N Marin E 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers N Rynders Y Scott, A Y Scott, M E Sellier N Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson E Stout N Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 1466 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 111, nays 51. The Bill, having received the requisite constitutional majority, was passed, by substitute. The Speaker announced the House in recess until 1:15 o'clock, this afternoon. MONDAY, MARCH 22, 2010 1467 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 1771. By Representatives Lindsey of the 54th, Ashe of the 56th, Gardner of the 57th, Jones of the 44th, Willard of the 49th and others: A RESOLUTION declaring March 23, 2010, as March of Dimes Georgia Chapter Day at the state capitol and inviting representatives from the March of Dimes to be recognized by the House of Representatives; and for other purposes. HR 1772. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th, Mayo of the 91st, Baker of the 78th and others: A RESOLUTION honoring Robert M. Dyess, Jr., on the occasion of his promotion to Brigadier General for the United States Army and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1773. By Representative Ralston of the 7th: A RESOLUTION recognizing Fannin County, Georgia, as the Trout Capital of Georgia; and for other purposes. HR 1774. By Representatives Beasley-Teague of the 65th, Hatfield of the 177th and Lunsford of the 110th: A RESOLUTION recognizing and commending the Twilight Twirlers; and for other purposes. HR 1775. By Representatives Hugley of the 133rd, Smyre of the 132nd, Buckner of the 130th, Smith of the 131st and Smith of the 129th: A RESOLUTION recognizing and commending New Providence Baptist Church on the occasion of its 140th anniversary; and for other purposes. HR 1776. By Representatives Beasley-Teague of the 65th, Hatfield of the 177th and Lunsford of the 110th: 1468 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and memory of Mrs. Makeda Darlene Searson-Ahad; and for other purposes. HR 1777. By Representative Loudermilk of the 14th: A RESOLUTION recognizing the Civil Air Patrol for their service to the citizens of Georgia; and for other purposes. HR 1778. By Representative Fludd of the 66th: A RESOLUTION honoring the life and memory of Mr. Warren Levon Matthews; and for other purposes. HR 1779. By Representatives Mangham of the 94th, Brooks of the 63rd, Collins of the 95th, Bryant of the 160th, Stephenson of the 92nd and others: A RESOLUTION recognizing and commending Liberian Consul General Cynthia B. Nash; and for other purposes. HR 1780. By Representatives Ashe of the 56th, Levitas of the 82nd, Henson of the 87th, Porter of the 143rd and Jacobs of the 80th: A RESOLUTION commending Mr. Ralph Knowles on receiving the 2010 Lifetime Achievement Award from the Anti-Defamation League; 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 1279. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, so as to repeal certain requirements relative to softbound volumes of the Georgia Laws; to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State generally, so as to change certain provisions relative to the distribution of the Georgia Laws and journals of the House of Representatives and the Senate; to provide that the Secretary shall be responsible for pricing; to provide for the provision of Acts requiring referenda to local officials; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 22, 2010 1469 The report of the Committee, which was favorable to the 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 Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Dooley E 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 Y Hill, C Y Hill, C.A Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Mangham Y Manning Y Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Holt of the 112th, Long of the 61st, Mosby of the 90th, Pruett of the 144th, Sinkfield of the 60th, 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. 1470 JOURNAL OF THE HOUSE House of Representatives Atlanta, Georgia 30334 This version of HB 1279 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 1279. /s/ Bobby Franklin Representative, District 43 HB 1047. By Representatives Butler of the 18th, Roberts of the 154th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend Code Section 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, so as to provide for a minimum fine for impeding traffic flow; 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 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, so as to provide for a minimum fine for impeding traffic flow; 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 40-6-184 of the Official Code of Georgia Annotated, relating to impeding the flow of traffic, is amended by revising subsection (a) as follows: "(a)(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation. (2) On roads, streets, or highways with two or more lanes allowing for movement in the same direction, no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he or she is being overtaken in such lane from the rear MONDAY, MARCH 22, 2010 1471 by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn. This subsection shall not apply to managed lanes. (3) Any conviction for a violation of the provisions of this subsection shall be punishable by a minimum fine of $75.00 in addition to any other punishment authorized by law." SECTION 2. This Act shall become effective on July 1, 2010, and be applicable to any offenses committed on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Casas Y Chambers N Channell Y Cheokas Coan Y Cole Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Dickson Y Dobbs N Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S N Jordan Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Manning Y Marin Y Martin Maxwell Y May Mayo Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell N Morgan Y Morris Mosby Y Murphy Y Neal Nix Y Oliver Y O'Neal N Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, A N Scott, M E Sellier Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas N Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E 1472 JOURNAL OF THE HOUSE Coleman Y Collins, D N Collins, T Y Cooper N Cox Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 129, nays 29. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Benton of the 31st, Kaiser of the 59th, Mayo of the 91st, Mosby of the 90th, Nix of the 69th, Setzler of the 35th, Sinkfield of the 60th, 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. Representatives Everson of the 106th 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 "nay" thereon. HB 1236. By Representative Willard of the 49th: 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 change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change provisions relating to the procedure for distribution of court reports and discontinuance and resumption of distribution; to reduce the number of reports that the reporter has to distribute; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, is amended by revising Code Section 50-18-31, relating to the procedure MONDAY, MARCH 22, 2010 1473 for distribution of court reports and discontinuance and resumption of distribution, as follows: "50-18-31. The reporter shall make distribution of the reports which shall be handled in accordance with this Code section: (1) The reporter shall place all orders for the reports with the publisher. At any time the state librarian adds or eliminates a particular exchange point or determines that the number of copies of either of the reports needs to be changed, he or she shall notify the reporter of this fact in writing, and the reporter shall adjust his or her orders for new reports accordingly; (2) All volumes distributed within this state to the state or to any of its subordinate departments, agencies, or political subdivisions, or to public officers or public employees within the state, other than to the state librarian for exchange purposes, shall be the property of the appropriate public officer or employee during his or her term of office or employment and shall be turned over to his or her successor; and the reporter shall take and retain a receipt from each such public officer or employee acknowledging this fact. Volumes distributed to the state librarian for exchange purposes, but handled for delivery to exchangees by the reporter on behalf and in the name of the state library, shall become the property of the recipient. The reporter shall at all times use the most economical method of shipment consistent with the safety and security of the volumes; and (3) The reporter shall make distributions of the reports in accordance with the following: Archives, State ..........................................................................................copy Commissioner of Insurance ......................................................................one copy Court of Appeals of Georgia.....................................................................23 copies (which number may be increased upon written order from the Chief Judge to the reporter) Executive Department...............................................................................one copy Georgia Institute of Technology ...............................................................one copy Georgia State University...........................................................................one copy Historical Society, Georgia.......................................................................one copy Human Resources, Department of ............................................................one copy House Judiciary Committee ......................................................................one copy Labor, Department of................................................................................one copy Law, Department of ..................................................................................six copies (which number may be increased upon written order from the Attorney General) Legislative Counsel...................................................................................one copy (which number may be increased upon written order of the Legislative Counsel) Library, State Exchange Program: 1474 JOURNAL OF THE HOUSE Each foreign government authority participating................................one copy Each state participating........................................................................one copy Shelving...............................................................................................two copies Newly created superior court circuits or judgeships.................................as appropriate Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the reporter in writing of his or her assumption of office, the reporter shall add his or her position to those to receive reports and shall supply him or her with all earlier volumes. Judge of the Probate Court (each county).................................................one copy Each probate court shall place a written order with the reporter on or before October 1. A written order from a probate court shall remain in effect until changed by a subsequent written order. The reporter shall not provide reports to any probate court without a written order. Public Service Commission ......................................................................one copy Recipients not named herein but named on the librarian's distribution list as of the date of his or her last distribution of the reports next preceding April 18, 1975 (each) ...............................................................one copy The reporter is authorized to add such names, in whole or in part, to his or her listing of distributees to receive future reports. Reporter Assistant reporter's desk.........................................................................one copy Copyright................................................................................................three copies Reporter's clerical staff...........................................................................one copy Reporter's desk .......................................................................................one copy Secretary of State ......................................................................................one copy Senate Judiciary Committee .....................................................................one copy Special or emergency circumstances ........................................................as appropriate When it shall appear to the reporter that a worthy state purpose will be served thereby, he or she may add agencies or officers to the list of recipients of reports, provided that no courts or agencies of a local nature shall be added to the list. Superior Courts Clerks (each) ..........................................................................................one copy District Attorneys (each) ........................................................................one copy Judges (each)..........................................................................................one copy Each superior court judge shall place a written order with the reporter on or before October 1. A written order from a superior court judge shall remain in effect until changed by a subsequent written order. The reporter shall not provide reports to any superior court judge court without a written order. MONDAY, MARCH 22, 2010 1475 Supreme Court of Georgia ........................................................................18 copies (which number may be increased upon written order from the Chief Justice to the reporter) United States Courts Court of Appeals, Fifth Circuit ..............................................................one copy District Courts, Georgia .........................................................................four copies University of Georgia Law School Library ..............................................25 four copies Workers' Compensation, State Board of...................................................six copies The reporter may add additional recipients or additional copies to named recipients upon written order from the Chief Justice of the Supreme Court; and (4) Notwithstanding the provisions of paragraph (3) of this Code section regarding distribution of reports to superior courts and to judges of the probate courts, the chief judge of the superior courts of any judicial circuit may, for any county within that circuit, have discontinued or restored the distribution of any of that county's authorized number of copies of reports, as such judge determines the needs therefor, upon written request to the librarian. In any event, at least one copy of each report shall be distributed to each county to be placed in the county law library or, if no such library is maintained, in the office of the judge of the probate court for the use of the general public." 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Dickson Y Dobbs Y Dodson 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 E James Y Jerguson Y Johnson Y Jones, J 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 Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M 1476 JOURNAL OF THE HOUSE Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter 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 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 Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Stephens, R Stephenson E Stout 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 Ralston, 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 Sinkfield of the 60th 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 1103. By Representatives Maxwell of the 17th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th, Smith of the 129th 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: MONDAY, MARCH 22, 2010 1477 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 clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks; to provide for definitions; to provide for criminal background checks for noneducators; to provide for procedures; to provide for fees for clearance certificates; to provide that certain provisions relating to fingerprint and criminal background checks may not be waived; to revise a definition relative to the "Georgia Professional Standards Act"; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (e) of Code Section 20-2211, relating to annual contracts for certificated personnel in elementary and secondary education, as follows: "(e)(1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. 1478 JOURNAL OF THE HOUSE (4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given. (5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection. (7) This subsection shall be repealed on January 1, 2011." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "20-2-211.1. (a) As used in this Code section, the term: (1) 'Clearance certificate' means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200. (2) 'Educator' means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit. (3) 'Local unit of administration' shall have the same meaning as in Code Section 202-242 and shall also include state chartered special schools and commission charter schools. (4) 'Professional educator certificate' means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200. (b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall MONDAY, MARCH 22, 2010 1479 not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter. (2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984, 20-2-984.2, 20-2-984.3, 20-2-984.4, and 20-2-984.5. (c) A local unit of administration shall ensure that all noneducator personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noneducator personnel continued in employment in the local unit of administration. (d) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section. (e) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. (f) It shall be the duty of the State Board of Education to submit this Code section to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this Code section unless and until such consent is given. (g) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (h) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section." 1480 JOURNAL OF THE HOUSE SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows: "(e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; or the requirements of Code Section 20-2-211.1. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 4. Said chapter is further amended by revising paragraph (1) of subsection (e) of Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, as follows: "(e)(1) The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section: (A) For an applicant for initial certification who is not currently employed in Georgia public or private schools ............................................$ 20.00 (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university............ 20.00 (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools .......................................................................................... 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools .......................................................................................... 20.00 (E) For an applicant for a conditional certificate ......................................... 20.00 (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia................. 20.00 (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates.......................................................... 20.00 MONDAY, MARCH 22, 2010 1481 (H) For an applicant for a clearance certificate pursuant to Code Section 20-2-211.1 who is not currently employed in Georgia public or private schools or who is not a graduate of an accredited education program from a Georgia college or university ..................................................................... 20.00" SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 20-2-244, relating to waivers to improve student performance, as follows: "(b) The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; or the requirements of Code Section 20-2-211.1. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request." SECTION 6. Said chapter is further amended by revising paragraph (2) of Code Section 20-2-982.1, relating to definitions relative to the "Georgia Professional Standards Act," as follows: "(2) 'Educator' means teachers and school or school system administrators and other education personnel of this state who hold certificates, permits, or other certification documents, including clearance certificates, issued by the Professional Standards Commission and persons who have applied for but have not yet received or have been denied such certificates, permits, or other certification documents from the Professional Standards Commission." SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of Title 20 for charter schools, as follows: "(b) In determining whether to approve a charter petition or renew an existing charter, the local board and state board shall ensure that a charter school, or for charter systems, each school within the system, shall be: (1) A public, nonsectarian, nonreligious, nonprofit school that is not home based, provided that a charter school's nonprofit status shall not prevent the school from contracting for the services of a for profit entity and that nothing in this Code section shall preclude the use of computer and Internet based instruction for students in a virtual or remote setting; 1482 JOURNAL OF THE HOUSE (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school; (3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; and (12) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks." 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 Y Baker Y Barnard Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Heckstall Y Hembree Y Henson Y Hill, C Hill, C.A Y Holt Horne Y Houston Y Howard Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield MONDAY, MARCH 22, 2010 1483 Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Stephens, M Y Stephens, R Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Geisinger of the 48th, Mosby of the 90th, Smith of the 70th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1100 Do Pass, by Substitute 1484 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Coleman of the 97th Chairman Representative Dixon of the 6th District, Vice-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 935 Do Pass, by Substitute Respectfully submitted, /s/ Dixon of the 6th Vice-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 889 Do Pass, by Substitute HB 1304 Do Pass, by Substitute Respectfully submitted, /s/ Golick of the 34th Chairman Representative Rice of the 51st District, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker: Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: MONDAY, MARCH 22, 2010 1485 HB 1012 Do Pass Respectfully submitted, /s/ Rice of the 51st Chairman The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1322. By Senators Rogers of the 21st and others: Relative to adjournment; and for other purposes Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 1086. By Representatives Hill of the 21st, May of the 111th, Cooper of the 41st, Byrd of the 20th, Sheldon of the 105th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C 1486 JOURNAL OF THE HOUSE Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England N Epps, C 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 Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard N Howard Y Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R E Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson E Stout 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 Ralston, Speaker On the adoption of the Resolution, the ayes were 111, nays 61. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Hill of the 21st 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 1086. The following Resolution of the Senate was read: SR 1322. By Senators Rogers of the 21st and Williams of the 19th A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, unless otherwise provided by subsequent resolution of the General Assembly, the meeting dates and dates of adjournment for the 2010 regular session of the General Assembly for the period of Monday, March 22, 2010, through Monday, April 12, 2010, shall be as follows: MONDAY, MARCH 22, 2010 1487 Monday, March 22 ....................................................................in session for legislative day 28 Tuesday, March 23 ..............................................................................................in adjournment Wednesday, March 24 ...............................................................in session for legislative day 29 Thursday, March 25 ............................................................................................in adjournment Friday, March 26 .......................................................................in session for legislative day 30 Saturday, March 27 through Monday, March 29 ................................................in adjournment Tuesday, March 30 ....................................................................in session for legislative day 31 Wednesday, March 31 ...............................................................in session for legislative day 32 Thursday, April 1 ......................................................................in session for legislative day 33 Friday, April 2 through Sunday, April 11 ...........................................................in adjournment Monday, April 12 ......................................................................in session for legislative day 34 BE IT FURTHER RESOLVED that on and after April 12, 2010, the periods of adjournment of the 2010 session, if any, shall be as specified by subsequent resolution of the General Assembly; provided that unless otherwise specified by subsequent resolution the General Assembly shall be in adjournment on each Saturday and Sunday. BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House. BE IT FURTHER RESOLVED that the provisions of this resolution shall control over those of HR 1514 which shall be of no further force or effect after Monday, March 22, 2010. On the adoption of the Resolution, 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 N Beasley-Teague N Bell Y Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson Y Floyd N Fludd Y Franklin Y Frazier Y Fullerton 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 Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Keown Y Manning N Marin Y Martin Y Maxwell Y May N Mayo McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons N Scott, A Y Scott, M E Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson E Stout Y Talton N Taylor 1488 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell 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 N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard Y Kidd 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 Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders On the adoption of the Resolution, the ayes were 141, nays 31. 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 Y Wix Y Yates Ralston, Speaker The Resolution was adopted. Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1021. By Representatives Lunsford of the 110th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvia divinorum A in the list of dangerous drugs; to provide for exceptions; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to include Salvinorin A in the list of dangerous drugs; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended in subsection (b) of Code Section 16-13-71, relating to the definition of dangerous drug, by adding a new paragraph to read as follows: "(851.02) Salvinorin A;" MONDAY, MARCH 22, 2010 1489 SECTION 2. Said article is further amended in Code Section 16-13-72, relating to sale, distribution, or possession of dangerous drugs, by adding a new paragraph to read as follows: "(4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;" SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford N 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 Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout 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 Ralston, Speaker 1490 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1170. By Representatives Cole of the 125th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to repeal the tax exemption for health maintenance organizations which provide health care services under the Medicaid program; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Bell N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Cheokas Y Coan Y Cole Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd 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 Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Howard Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Manning Y Marin Y Martin Y Maxwell May Y Mayo Y McCall 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Purcell Y Ramsey Randall Y Reece Y Scott, A N Scott, M E Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre N Stephens, M Y Stephens, R Y Stephenson E Stout Y Talton N Taylor N Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E MONDAY, MARCH 22, 2010 1491 Y Coleman Y Collins, D N Collins, T Y Cooper N Cox Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 138, nays 20. The Bill, having received the requisite constitutional majority, was passed. Representative Fullerton of the 151st stated that she inadvertently voted "aye" on 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 Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. 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. The following Committee substitute was read: A BILL 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 define a term; to provide that each local government shall enter into a contract with an independent auditor not later than 180 days following the end of the fiscal year or after such other date an audit is required by law to perform any required audit; to provide for an extension; to provide that in the event of failure of a local government to so contract, the state auditor shall contract with an independent accountant to perform such audit; to provide that an amount equal to 150 percent of the audit shall be withheld from funds due to be disbursed to such local government; to repeal conflicting laws; and for other purposes. 1492 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by adding a new Code section to read as follows: "50-6-33. (a) As used in this Code section, the term 'local government' means any political subdivision or local governing authority of this state. (b) Each local government shall enter into a contract with an independent auditor not later than 180 days following the end of the fiscal year or after such other date an audit is required by law to perform any required audit. A local government may request from the state auditor an extension if delay is caused by extenuating circumstances beyond its control. The state auditor may, in his or her discretion, grant an extension not to exceed 60 days. (c) If a local government fails to enter into a contract with an independent auditor as required by subsection (b) of this Code section, then the state auditor shall enter into a contract with an independent auditor to perform the required audit. After such contract becomes final, the local government shall be liable for the full cost of such audit as provided in subsection (d) of this Code section. (d)(1) If the state auditor contracts with an independent auditor as provided in subsection (c) of this Code section, the state auditor shall notify the local government, the Department of Revenue, and the Department of Community Affairs by certified mail, return receipt requested, and shall provide the cost of such audit. The Department of Revenue shall withhold from disbursal to such noncomplying local government an amount equal to 150 percent of the cost of the audit. Such amount shall be withheld from all funds, including, without limitation, sales tax receipts, due to the local government. (2) If the Department of Revenue is not in possession of sufficient funds due to the local government to cover the amount specified in paragraph (1) of this subsection, the department shall notify the Department of Community Affairs of the deficiency, and that department shall withhold the remainder from any funds in its possession due to be disbursed to the local government. (3) From funds withheld as provided in paragraphs (1) and (2) of this subsection, the Department of Revenue and the Department of Community Affairs shall transmit to the state auditor an amount equal to the cost of performing the audit. Such departments shall transfer to the general fund of the state treasury an amount equal to 50 percent of the cost of the audit as a penalty. (e) Willful obstruction by any person of the performance of an audit by an independent auditor selected by the state auditor as provided in subsection (b) of this Code section may be prosecuted as a misdemeanor." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 22, 2010 1493 The following amendment was read and adopted: Representative Sims of the 169th et al. move to amend the Committee substitute to HB 831 as follows: page 2 line 33 strike 150 add 250 page 2 line 43 strike 50 add 150 The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Dooley E 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 E Graves Y Greene Y Hamilton Hanner Y 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E 1494 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative 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 1086. By Representatives Austin of the 10th, Coleman of the 97th, Maxwell of the 17th, Dickson of the 6th and Morgan of the 39th: 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 certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; 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 exemptions to requirements for disclosure of public records, so as to provide that certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; to provide that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure; 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 exemptions to requirements for disclosure of public records, is amended by revising paragraph (13.1) of subsection (a) as follows: MONDAY, MARCH 22, 2010 1495 "(13.1) Records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about public employees or teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education. Public disclosure shall also not be required for records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about employees or teachers of a nonpublic school;" SECTION 2. Said Code section is further amended by revising subsection (b) as follows: "(b) This article shall not be applicable to: (1) Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of, or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented; (2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity, until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works; or (3) Unless otherwise provided by law, contract, bid, or proposal, records consisting of questions, scoring keys, and other materials, constituting a test that derives value from being unknown to the test taker prior to administration, which is to be administered by the State Board of Education, the Office of Student Achievement, the Professional Standards Commission, or a local school system, if reasonable measures are taken by the owner of the test to protect security and confidentiality; provided, however, that the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not, in the judgment of the board, affect the result of administration of such test. 1496 JOURNAL OF THE HOUSE These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson N 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 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 Horne Y Houston Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 163, nays 2. MONDAY, MARCH 22, 2010 1497 The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Cox of the 102nd, Howard of the 121st, 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. House of Representatives Atlanta, Georgia 30334 This version of HB 1086 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 1086. /s/ Bobby Franklin Representative, District 43 HB 203. 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 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. 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 clarify certain terms; to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to revise the limitations on the use of bond funds; to provide for certain approvals for the issuance of bonds; to provide an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1498 JOURNAL OF THE HOUSE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-75-11, relating to resolutions and referendums required prior to issuance of bonded indebtedness for new projects, as follows: "36-75-11. (a) On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonded indebtedness bonds for new projects unless a resolution approving such projects passed by a majority vote of the governing authority of the county that created and activated such authority was ratified by the electors of the county in a referendum. (b) If The proceeds of bonds issued by a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter desires to fund multiple projects in a bond issue, such projects and any interest on such proceeds shall be ranked in the order they will be funded after approval by the governing authority and ratification by the electors under this Code section. Such order of funding shall be binding on the public safety and judicial facilities authority and such projects shall be funded in the order approved unless a different order is submitted to the governing authority for approval and electors for ratification used only for the projects set forth in the resolution approving the issuance of such bonds or for debt service on such bonds. (c) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3: (1) Which is authorized by general or local Act to operate and incur bonded indebtedness issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and (2) Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution and referendum as provided in this Code section prior to issuing bonds for any new buildings, or facilities, or real property or improvements to existing buildings, or facilities, or real property and shall be bound to such resolution as provided in subsection (b) of this Code section. (d) Subsections (a), (b), and (c) of this Code section shall apply only to the issuance of bonds the principal and interest of which will be repaid, directly or indirectly, in whole or in part, through funds of the county by agreement between the county and: (1) A public safety and judicial facilities authority created and activated pursuant to this chapter; or (2) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3 that meets the conditions set forth in paragraphs (1) and (2) of subsection (c) of this Code section. (e) The provisions of this Code section shall not apply under any circumstances to the issuance of 'recovery zone economic development bonds' and 'recovery zone facility MONDAY, MARCH 22, 2010 1499 bonds' as such terms are defined in Section 1401 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 report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner 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 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 Hill, C 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout 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 Ralston, Speaker 1500 JOURNAL OF THE HOUSE 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 Mosby of the 90th stated that 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 Hugley of the 133rd and Williams of the 165th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. The Speaker assumed the Chair. 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. The following Committee substitute was read and adopted: A BILL To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Georgia Student Extracurricular Partnership Act"; to provide for legislative findings; to provide for definitions; to require a public school to allow any public school student in grades kindergarten through 12 living in the attendance zone of the public school to participate in extracurricular activities at such school; to provide for academic requirements; to provide that such student be subject to all nonacademic rules, regulations, and codes of conduct as would apply to other students; to provide for rules MONDAY, MARCH 22, 2010 1501 and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Student Extracurricular Partnership Act." SECTION 2. The General Assembly finds that extracurricular student activities are an important complement to the academic curriculum and that participation in extracurricular activities contributes to the development of the social and intellectual skills necessary for students to become well-rounded adults. Further, the General Assembly finds that the state has an investment in every child in this state and his or her education, regardless of where that child is being educated. SECTION 3. 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," is amended by adding a new Code section to read as follows: "20-2-319.3. (a) As used in this Code section, the term: (1) 'Nonenrolled public school student' means a public school student in grades kindergarten through 12 who resides within the attendance zone of a school but who is not enrolled in such school. (2) 'Public school' means a public school, including, without limitation, a local charter school, as defined in paragraph (7) of Code Section 20-2-2062, a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062, and a commission charter school, as defined in paragraph (2) of Code Section 20-2-2081. (b) A public school may allow any nonenrolled public school student to participate in any extracurricular activity offered or conducted by such public school in the same manner as any student currently enrolled at such public school. A nonenrolled public school student desiring to participate in an extracurricular activity shall register with the principal of the public school, or his or her designee, such intent to participate in extracurricular activities of the public school in accordance with rules and regulations established by the State Board of Education. The final approval for such participation shall reside in the discretion of the principal in accordance with local board policies, or in accordance with State Board of Education or Georgia Charter Schools Commission policies, for a state chartered special school or a commission charter school, respectively. (c) In order to be eligible to participate in an extracurricular activity pursuant to this Code section, a nonenrolled public school student shall maintain at his or her school of 1502 JOURNAL OF THE HOUSE attendance compliance with all academic and nonacademic rules and requirements governing participation in such extracurricular activity at the public school. (d) The State Board of Education shall establish rules and regulations to implement the provisions of this Code section." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, 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 N Baker Y Barnard Y Battles E Bearden N Beasley-Teague N Bell N Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns N Butler E Byrd N Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Dodson Y Dollar Y Dooley E Drenner N Dukes Y Ehrhart N England N 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 N 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 N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Kidd 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 E Maddox, G N Mangham Y Manning N Marin E Martin Maxwell Y May Y Mayo N McCall McKillip N Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Powell, A N Powell, J N Pruett Y Purcell Ramsey N Randall N Reece Y Reese Y Rice N Roberts Y Rogers N Rynders N Scott, A Y Scott, M E Sellier Y Setzler N Shaw Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson E Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker MONDAY, MARCH 22, 2010 1503 On the passage of the Bill, by substitute, the ayes were 88, nays 74. The Bill, having failed to receive the requisite constitutional majority, was lost. Representative Sheldon of the 105th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. Representative Walker of the 107th 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 281. HB 1387. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A. and in Acts of the General Assembly amending the O.C.G.A.; to reenact the statutory portion of the O.C.G.A., as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the O.C.G.A.; to repeal portions of the Code and Acts related thereto which have become obsolete; to delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide for effect in event of conflicts; 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 Y Bearden Y Beasley-Teague Y Bell Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart 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 Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Scott, A Y Scott, M E Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L 1504 JOURNAL OF THE HOUSE N Benfield Y Benton Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y England 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 Harden, B Y Harden, M Y Hatfield Y Heard E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout 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 Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 2. The Bill, having received the requisite constitutional majority, was passed. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 22, 2010 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 None Modified Open Rule None MONDAY, MARCH 22, 2010 1505 Modified Structured Rule HB 1061 Trauma Care Expansion Act of 2010; enact (H&HS-Butler-18th) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman By unanimous consent, HB 1061 was postponed until the next legislative day. Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report: Mr. Speaker: Your Committee on Economic Development and Tourism has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HR 1435 Do Pass, by Substitute HR 1515 Do Pass, by Substitute Respectfully submitted, /s/ Stephens of the 164th Chairman By unanimous consent, the following Bills of the House were withdrawn from the Committee on Ways & Means and referred to the Committee on Intragovernmental Coordination - Local: HB 1197. By Representatives Glanton of the 76th, Dodson of the 75th, Baker of the 78th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Morrow 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; 1506 JOURNAL OF THE HOUSE to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1213. By Representatives Epps of the 128th and Nix of the 69th: A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange 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 1214. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of Troup 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 1288. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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 1355. By Representatives Heckstall of the 62nd, Beasley-Teague of the 65th and Long of the 61st: A BILL to be entitled an Act to authorize the governing authority of the City of East Point 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. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Regulated Industries: HR 1177. By Representatives Geisinger of the 48th, McCall of the 30th, Lindsey of the 54th, Bruce of the 64th, Levitas of the 82nd and others: MONDAY, MARCH 22, 2010 1507 A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for pari-mutuel wagering on horse racing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Interstate Cooperation: HR 1646. By Representatives Reese of the 98th, Austin of the 10th, Maddox of the 172nd, Harden of the 28th, Hatfield of the 177th and others: A RESOLUTION urging President Barack Obama and the United States Congress to reject any initiatives legalizing illegal aliens, to enthusiastically enforce American immigration laws, and to support the enforcement of America's borders; and for other purposes. 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation: HR 1293 Do Pass, by Substitute Respectfully submitted, /s/ Williams of the 4th Chairman Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations: HB 299 HB 1020 HB 1049 HB 1198 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute HB 1219 Do Pass, by Substitute HB 1240 Do Pass, by Substitute HR 1203 Do Pass, by Substitute 1508 JOURNAL OF THE HOUSE Respectfully submitted, /s/ O'Neal of the 146th Chairman The Speaker announced the House in recess until 6:45 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 24, 2010. WEDNESDAY, MARCH 24, 2010 1509 Representative Hall, Atlanta, Georgia Wednesday, March 24, 2010 The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker. The following communications were received: The Honorable Tom Graves Georgia State Representative District 12 475 Craig Road Ranger, GA 30734 March 23, 2010 The Honorable Sonny Perdue Governor, State of Georgia State Capitol Atlanta, GA 30334 Dear Governor Perdue: This letter serves as notice that I do hereby resign my office as Representative of Georgia House of Representatives District 12, effective close of business today, March 23, 2010. It has been an honor and privilege to serve in the Georgia General Assembly and the people of the 12th District. I look forward to continuing my service to our state in the United States Congress. Sincerely, /s/ Tom Tom Graves Representative, District 12 cc: The Honorable David Ralston, Speaker of the House of Representatives The Honorable Robbie Rivers, Clerk of the House of Representatives Ms. Robin Underwood, Fiscal Office State of Georgia Office of the Governor Atlanta 30334-0900 1510 JOURNAL OF THE HOUSE March 23, 2010 The Honorable Tom Graves Representative, District 12 Georgia House of Representatives 404 Coverdell Legislative Office Building Atlanta, Georgia 30334 Dear Representative Graves: 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 immediately. Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service to the State of Georgia. Sincerely, /s/ Sonny Perdue SP:rg cc: The Honorable David Ralston, Speaker of the Georgia House of Representatives The Honorable Brian Kemp, Secretary of State The Honorable Robbie Rivers, Clerk of the House 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 Bell Benfield Benton Brooks Bruce Bryant Buckner Crawford Dawkins-Haigler E Dempsey Dickson Dobbs Dodson Dooley E Drenner E Dukes Ehrhart England E Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs E James Jerguson Johnson Jones, J Jones, S Kaiser Keen Kidd E Marin Martin E Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parrish Sellier Setzler Shaw E Sims, B Sims, C Sinkfield Smith, E Smith, K Smith, L Smith, R Smith, T Smyre Stephens, M Stephens, R Stout Talton Taylor Teilhet WEDNESDAY, MARCH 24, 2010 1511 Burns Byrd Carter Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Geisinger Glanton Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Hembree Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Maddox, B Maddox, G Mangham Manning Parsons Porter Powell, A Powell, J Purcell Ramsey Reece Rice Roberts Rynders Scott, M Thomas Thompson Walker Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Yates Ralston, Speaker The following members were off the floor of the House when the roll was called: Representatives Black of the 174th, Burkhalter of the 50th, Davis of the 109th, Day of the 163rd, Dollar of the 45th, Golick of the 34th, Heard of the 114th, Hudson of the 124th, Jordan of the 77th, Keown of the 173rd, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Millar of the 79th, Morgan of the 39th, Pruett of the 144th, Scott of the 153rd, Smith of the 113th, and Wix of the 33rd. They wish to be recorded as present. Prayer was offered by Reverend Ferrun Johnson, River of Life African Methodist Episcopal Church, Tucker, 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. 1512 JOURNAL OF THE HOUSE 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 1444. By Representative Holt of the 112th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Social Circle, approved May 5, 2005 (Ga. L. 2005, p. 3627), so as to remove a certain geographical area from the corporate limits of said city; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1445. By Representatives Stephens of the 161st, Gordon of the 162nd, Stephens of the 164th and Bryant of the 160th: 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 a period of residency for board members; to provide that no person shall serve as a member of a local board of education unless he or she possesses a high school diploma or a general educational development diploma; to provide for applicability; to provide for staggered two-year terms, to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HB 1446. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Heckstall of the 62nd, Dodson of the 75th, Sinkfield of the 60th and others: A BILL to be entitled an Act to provide for the holding of a nonbinding referendum in Clayton County in conjunction with the 2010 general primary election on the question of whether Clayton County should become a full participant in MARTA (the Metropolitan Atlanta Rapid Transit Authority) and should levy a sales tax in support of MARTA and Clayton County's public transportation needs; to provide for related matters; to require submission of this Act for preclearance pursuant to 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. WEDNESDAY, MARCH 24, 2010 1513 HB 1447. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of the City of Dalton 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 1448. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd: A BILL to be entitled an Act to authorize the governing authority of Whitfield County 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 1449. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to require nursing homes to determine if a new resident is a registered sexual offender; to require notice to families or guardians of residents if an individual who is a registered sexual offender is admitted as a resident to a nursing home; to provide for definitions; to provide for limited liability; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. HB 1450. By Representatives Oliver of the 83rd, Mayo of the 91st, Williams of the 89th, Stephenson of the 92nd, Henson of the 87th and others: A BILL to be entitled an Act to amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4607), so as to change certain fees; to provide for certain fees; to provide for related 1514 JOURNAL OF THE HOUSE matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1451. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to change the corporate boundaries of said city; to provide for election by majority vote for mayor and councilmembers; to change provisions relating to cosigning checks by the mayor; to change provisions relating to the city clerk, city treasurer, city administrator, municipal court clerk, police chief, and municipal court judge; to eliminate the position of city marshal; to provide for additional positions; to revise provisions relating to rules and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1452. By Representative Allison of the 8th: A BILL to be entitled an Act to provide a homestead exemption from Towns County school district ad valorem taxes for educational 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 1453. By Representative Allison of the 8th: A BILL to be entitled an Act to provide for a homestead exemption from City of Hiawassee ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. WEDNESDAY, MARCH 24, 2010 1515 HB 1454. By Representative O`Neal of the 146th: A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to dentists, dental hygienists, and dental assistants, so as to provide that the Georgia Board of Dentistry is an independent state agency; to provide for transfer; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. HB 1455. By Representatives Manning of the 32nd, Cooper of the 41st, Dooley of the 38th, Teilhet of the 40th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, so as to modify provisions relating to the meetings of the city council; to provide for agenda work sessions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1458. By Representative Austin of the 10th: A BILL to be entitled an Act to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3937), so as to provide that the judge and solicitor of said court shall be full-time positions; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall practice law; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1459. By Representatives Loudermilk of the 14th, Mangham of the 94th, Neal of the 1st, Everson of the 106th and Collins of the 95th: A BILL to be entitled an Act to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to a brief period of quiet reflection, so as to clarify that the daily moment of quiet reflection in public schools shall accommodate students who wish to exercise their freedom of 1516 JOURNAL OF THE HOUSE religion to engage in silent prayer or silent meditation; to provide for legislative findings; to provide that students may reflect on an inspirational poem or reading, pray silently, or meditate silently during the moment of quiet reflection; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HB 1460. By Representative Benfield of the 85th: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to prevent the conditioning of a sale of a foreclosed home upon the buyer's purchase of title insurance from a particular insurer or upon the buyer's purchase of escrow services from a particular buyer; to provide for legislative findings; 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 1769. By Representative Scott of the 153rd: A RESOLUTION honoring the life of Aubrae Gunderson and dedicating a road in her memory; and for other purposes. Referred to the Committee on Transportation. HR 1770. By Representatives Franklin of the 43rd, Jerguson of the 22nd, Byrd of the 20th, Holt of the 112th, Reese of the 98th and others: A RESOLUTION informing Georgia Supreme Court Chief Justice Carol W. Hunstein that Georgia is a republic, not a democracy; recognizing the great differences between these two forms of government; and for other purposes. Referred to the Committee on Judiciary. HR 1781. By Representatives Ashe of the 56th, Gardner of the 57th, Bruce of the 64th, Benfield of the 85th, Taylor of the 55th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that funds derived from motor fuel taxes shall be appropriated for and grants made for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for any or all transportation purposes, including public transit; to authorize the General WEDNESDAY, MARCH 24, 2010 1517 Assembly to allocate and specify and direct the use of such funds by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Committee on Ways & Means. HR 1782. By Representatives Dickson of the 6th, Coleman of the 97th, Lindsey of the 54th, Cox of the 102nd, Burns of the 157th and others: A RESOLUTION urging local boards of education in these economically difficult times to impose salary reductions on school administrators in the same manner as for teachers and other school system employees; and for other purposes. Referred to the Committee on Education. HR 1784. By Representatives Gordon of the 162nd, Stephens of the 161st and Long of the 61st: A RESOLUTION proposing an amendment to the Constitution so as to remove the prohibition of casino gambling; to authorize dedication of revenue from taxation of casino gambling; 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 Regulated Industries. HR 1785. By Representative Benfield of the 85th: A RESOLUTION requesting the United States Congress to adopt legislation that promotes jobs and innovative energy development, heightens national energy and economic security, positions the United States to be an international leader in the field of clean energy, and addresses the consequences of climate change without preempting states' rights to control emissions and to promote renewable energy; and for other purposes. Referred to the Committee on Natural Resources & Environment. By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees: 1518 JOURNAL OF THE HOUSE HB 1466. By Representatives Ralston of the 7th, Hugley of the 133rd, Heard of the 114th, Smyre of the 132nd, Porter of the 143rd 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 create the Martin Luther King, Jr. Advisory Council; to provide for membership on the commission; to provide for terms and duties of members; to provide for an annual report; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. HR 1822. By Representatives Bearden of the 68th, Benton of the 31st, Nix of the 69th, Collins of the 27th, Jerguson of the 22nd and others: A RESOLUTION urging Attorney General Thurbert Baker to join with other state attorneys general from around the nation in mounting a legal challenge to the constitutionality of the recently enacted federal health care reform legislation; and for other purposes. Referred to the Committee on Governmental Affairs. By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time: HB 1442 HB 1443 HB 1456 HB 1457 HR 1767 HR 1768 HR 1783 SB 118 SB 285 SB 299 SB 317 SB 321 SB 360 SB 411 SB 435 SB 439 SB 440 Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report: Mr. Speaker: WEDNESDAY, MARCH 24, 2010 1519 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 850 Do Pass, by Substitute Respectfully submitted, /s/ Cooper of the 41st Chairman Representative Walker of the 107th District, Chairman of the Committee on Higher Education, submitted the following report: Mr. Speaker: Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1402 Do Pass Respectfully submitted, /s/ Walker of the 107th Chairman Representative Meadows of the 5th 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 1184 Do Pass, by Substitute HB 1268 Do Pass, by Substitute HB 1291 Do Pass, by Substitute Respectfully submitted, /s/ Meadows of the 5th Chairman 1520 JOURNAL OF THE HOUSE Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report: Mr. Speaker: Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 1378 HB 1379 HB 1391 HB 1400 HB 1403 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1422 HB 1427 HB 1429 HB 1434 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, /s/ Rynders of the 152nd Chairman Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report: Mr. Speaker: Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations: HB 111 HB 827 HB 852 Do Pass, by Substitute Do Pass Do Pass, by Substitute HB 1159 Do Pass HB 1164 Do Pass, by Substitute Respectfully submitted, /s/ Willard of the 49th Chairman Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report: Mr. Speaker: WEDNESDAY, MARCH 24, 2010 1521 Your Committee on Public Safety and Homeland Security 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 938 Do Pass, by Substitute HB 944 Do Pass, by Substitute HB 1348 Do Pass, by Substitute HR 1648 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 1325 Do Pass HR 1326 Do Pass Representative Lunsford of the 110th District, Chairman of the Special Committee on Small Business Development, submitted the following report: Mr. Speaker: Your Special Committee on Small Business Development 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 1001 Do Pass, by Substitute Respectfully submitted, /s/ Lunsford of the 110th Chairman Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report: Mr. Speaker: Your Committee on State Institutions and Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1265 Do Pass 1522 JOURNAL OF THE HOUSE Respectfully submitted, /s/ Barnard of the 166th Chairman Representative Roberts of the 154th District, Chairman of the Committee on Transportation, submitted the following report: Mr. Speaker: Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations: HB 1437 Do Pass, by Substitute HR 1685 Do Pass, by Substitute HR 1686 Do Pass, by Substitute Respectfully submitted, /s/ Roberts of the 154th 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 293 Do Pass, by Substitute HB 1221 Do Pass, by Substitute HB 1251 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 24, 2010 WEDNESDAY, MARCH 24, 2010 1523 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 HR 1516 United States Congress; not decommission Coast Guard Security Team 91108; urge (D&VA-Hill-180th) Modified Open Rule HB 199 HB 863 HB 866 HB 1007 HB 1053 HB 1059 HB 1133 HB 1140 HB 1150 HB 1194 HB 1200 HB 1231 HB 1233 HB 1310 HB 1324 Warrants for arrest; persons who may issue warrants; provisions (Substitute)(JudyNC-Jerguson-22nd) Charitable solicitations; accounting; revise certain provisions (Substitute)(RegI-Dempsey-13th) Physicians for Rural Areas Assistance Act; enact (Substitute)(H&HSAllison-8th) Property; sales to political subdivisions; maximum amount exempt; increase (Substitute)(SP&CA-Holt-112th) Solicitors-general; act during pendency of vacancy in office; provide (Substitute)(Judy-Lunsford-110th) Solid waste management; permits for handling, disposal, or treatment; change provisions (Substitute)(A&CA-Nix-69th) Pretrial intervention and diversion programs; administration fees; increase (Substitute)(JudyNC-Lunsford-110th) Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change (Judy-Lane-167th) Retirement and pensions; Georgia Firefighters' Pension Fund; define terms (Substitute)(Ret-Weldon-3rd) Family and children services; outsource certain duties; provide (C&YRogers-26th) Local boards of education; solicit and accept donations for field trips; authorize (Ed-Glanton-76th) Uniform rules of the road; proper execution of a left turn; clarify (Substitute)(MotV-Reese-98th) Georgia Public Service Commission; certain costs charged to involved utility; provisions (Substitute)(GAff-Lunsford-110th) Brain and Spinal Injury Trust Commission; may solicit funds; provide (H&HS-Kidd-141st) Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions (GAff-Butler-18th) 1524 JOURNAL OF THE HOUSE HR 1146 HR 1400 HR 1588 General Assembly; citizens not obligated to comply with appointed "czar"; declare (SP&CA-Cox-102nd) Congress; not transfer Guantanamo Bay detainees within Georgia or United States; request (D&VA-Sellier-136th) State of Georgia property; certain counties; nonexclusive easements; authorize (SI&P-Barnard-166th) Modified Structured Rule HB 347 HB 361 HB 1030 HB 1057 HB 1069 HB 1074 HB 1105 HB 1117 HB 1139 HB 1147 HB 1199 HB 1206 HB 1321 HB 1328 HB 1359 Sales and use tax; sales price; change definition (Substitute)(W&MEngland-108th) Safe Medications Practice Act; enact (Substitute)(H&HS-Stephens-164th) Corrections, Department of; amend various titles; provisions (Substitute)(SI&P-Cole-125th) Magistrate court clerks; General Assembly specify who serves as clerk; provide (Substitute)(Judy-Amerson-9th) Income tax; credits for equipment that reduces energy or water usage; provide (Substitute)(W&M-Wilkinson-52nd) Public Safety, Department of; Capitol Police Division; create; provisions (App-Meadows-5th) Watercraft held in inventory; exempt from taxation; provide (Substitute)(W&M-Channell-116th) State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide (Substitute)(RegI-Harbin-118th) Ad valorem tax; notice of changes in taxpayers' returns; change provisions (Substitute)(W&M-Mills-25th) Special liens on personalty; eliminate aircraft liens; provisions (Substitute)(Judy-Knight-126th) Natural Resources, Department of; authority to arrange volunteer services; change provisions (Substitute)(NR&E-Smith-70th) Water well standards; require contractor license under geologist or engineer direction; change provisions (Substitute)(NR&E-Maddox-127th) Emergency Telephone System Fund; additional use for moneys; provide (App-Harbin-118th) Courts; adjust certain fees for inflation; provisions (JudyNC-Lane-167th) Best management practices; required buffer along state waters; provide exception (Substitute)(NR&E-Channell-116th) Structured Rule HB 1298 Hazardous waste; make provisions consistent with federal regulations; provide (NR&E-Benton-31st) WEDNESDAY, MARCH 24, 2010 1525 Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman Representative Smith of the 131st moved that HB 1391 be removed from the Local Calendar and voted on separately. 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 E Beasley-Teague N Bell N Benfield Y Benton Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Casas Y Chambers Channell N Cheokas Coan Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C E Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon N Greene Y Hamilton Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Heard Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G N Mangham Y Manning E Marin Y Martin Y Maxwell E May N Mayo Y McCall N McKillip Y Meadows Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Neal Y Nix N Oliver Y O'Neal Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker N Weldon Y Wilkinson Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates Ralston, Speaker On the motion, the ayes were 93, nays 57. 1526 JOURNAL OF THE HOUSE 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. Due to a mechanical malfunction, the vote of Representative Heckstall of the 62nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1378. By Representatives Amerson of the 9th and Collins of the 27th: A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Lumpkin County shall be appointed by and serve at the pleasure of the chief magistrate; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1379. By Representatives Everson of the 106th and Casas of the 103rd: A BILL to be entitled an Act to authorize the City of Snellville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1400. By Representative Hanner of the 148th: A BILL to be entitled an Act to provide a new charter for the Town of Sasser in Terrell County; 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 WEDNESDAY, MARCH 24, 2010 1527 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 1403. By Representatives Jones of the 46th and Jerguson of the 22nd: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Mountain Park, approved March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain provisions relating to the number of councilmen; to clarify the manner by which a quorum is defined; to clarify the number of votes required for a motion, resolution, or ordinance to pass; to amend the manner in which vacancies in office are filled; to provide for related matters; to state legislative intent; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1422. 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. 2729), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4115), so as to provide for terms of office; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. HB 1427. By Representatives Marin of the 96th and Rice of the 51st: 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 for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective 1528 JOURNAL OF THE HOUSE 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. HB 1429. 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 1434. By Representatives Marin of the 96th and Rice of the 51st: 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, so as to provide that the mayor and councilmembers shall be elected by a plurality; 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 for an 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. 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 Ashe Y Austin Y Baker Y Barnard Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson E Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B WEDNESDAY, MARCH 24, 2010 1529 Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 E Drenner E Dukes Y Ehrhart Y England Y Epps, C E Epps, J Y Everson Y Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Hatfield Y Heard Y Heckstall Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Kidd 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 Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Reece Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bills, the ayes were 154, nays 0. The Bills, having received the requisite constitutional majority, were 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. Representative Mills of the 25th stated that he wished to be recorded as voting "nay" on HB 1429. HB 1391. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th: 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 May 30, 2003 (Ga. L. 2003, p. 3686), so as to change the compensation of the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. 1530 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C E Epps, J N Everson Y Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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 N Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd 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 E 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 Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E N Smith, K Y Smith, L N Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 151, nays 6. 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. WEDNESDAY, MARCH 24, 2010 1531 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 and House: SB 338. By Senators Staton of the 18th, Rogers of the 21st, Pearson of the 51st and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 32-6-76 of the Official Code of Georgia Annotated, relating to restrictions on directional signs, so as to allow the Georgia Sports Hall of Fame Authority to designate signs commemorating significant sporting achievements; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 343. By Senators Shafer of the 48th, Hudgens of the 47th, Mullis of the 53rd, Hawkins of the 49th, Powell of the 23rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to clarify that the crime of impersonating an officer includes firefighters and public safety personnel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 354. By Senators Shafer of the 48th, Mullis of the 53rd, Butterworth of the 50th, Moody of the 56th and Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 401. By Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of the 46th, Chapman of the 3rd and others: 1532 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 443. By Senators Smith of the 52nd, Hawkins of the 49th, Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization 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 expenses for members; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 455. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is amended by modifying certain provisions relating to acquiring real property through commission and procedures and funds for such acquisitions; to authorize the State Properties Commission to accept deeds containing reversions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 472. By Senators Grant of the 25th, Hill of the 4th, Mullis of the 53rd, Hamrick of the 30th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1533 HB 1142. By Representatives Channell of the 116th, Kidd of the 141st and Hudson of the 124th: A BILL to be entitled an Act to amend an Act approved May 10, 2005 (Ga. L. 2005, p. 4155), creating a board of elections and registration for Putnam County, so as to provide for 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 provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1211. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize Troup 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 1212. By Representatives Nix of the 69th, Epps of the 128th and Smith of the 129th: A BILL to be entitled an Act to authorize the City of LaGrange 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 1295. By Representatives Horne of the 71st and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Haralson, approved May 17, 2004 (Ga. L. 2004, p. 4349), so as to stagger the terms of office for the mayor and councilmembers; to provide for a referendum; 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: 1534 JOURNAL OF THE HOUSE SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction agreements without obligating present funds for the full obligation to the state under the full term of such agreements; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. SR 1199. By Senators Hawkins of the 49th, Balfour of the 9th, Goggans of the 7th, Shafer of the 48th, Tolleson of the 20th and others: A RESOLUTION directing the Professional Standards Commission to temporarily modify its rules relating to professional learning requirements for certificate renewal and creating the Certification and Professional Learning Task Force; 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 338. By Senators Staton of the 18th, Rogers of the 21st, Pearson of the 51st and Douglas of the 17th: A BILL to be entitled an Act to amend Code Section 32-6-76 of the Official Code of Georgia Annotated, relating to restrictions on directional signs, so as to allow the Georgia Sports Hall of Fame Authority to designate signs commemorating significant sporting achievements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Economic Development & Tourism. WEDNESDAY, MARCH 24, 2010 1535 SB 343. By Senators Shafer of the 48th, Hudgens of the 47th, Mullis of the 53rd, Hawkins of the 49th, Powell of the 23rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to clarify that the crime of impersonating an officer includes firefighters and public safety personnel; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 354. By Senators Shafer of the 48th, Mullis of the 53rd, Butterworth of the 50th, Moody of the 56th and Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 32-7-2 of the Official Code of Georgia Annotated, relating to procedure for abandonment of public roads and streets, so as to further declare the authority of counties and municipalities to remove roads and streets from their road and street systems when it is determined that removal is in the best public interest; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Transportation. SB 401. By Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of the 46th, Chapman of the 3rd and others: A BILL to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent; to provide 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 Natural Resources & Environment. SB 443. By Senators Smith of the 52nd, Hawkins of the 49th, Thomas of the 54th, Unterman of the 45th, Mullis of the 53rd and others: 1536 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 21A of Title 33 of the Official Code of Georgia Annotated, relating to the "Medicaid Care Management Organizations Act," so as to create the Medicaid Care Management Organization 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 expenses for members; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 455. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is amended by modifying certain provisions relating to acquiring real property through commission and procedures and funds for such acquisitions; to authorize the State Properties Commission to accept deeds containing reversions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 472. By Senators Grant of the 25th, Hill of the 4th, Mullis of the 53rd, Hamrick of the 30th, Cowsert of the 46th and others: A BILL to be entitled an Act to amend Code Section 42-9-43 of the Official Code of Georgia Annotated, relating to information to be considered by the State Board of Pardons and Paroles generally, conduct of investigation and examination, determination as to grant of relief, and notice to victims, so as to clarify the meaning of 'entirely incapacitated' for purposes of granting medical reprieves authorized by the Constitution of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SR 821. By Senators Shafer of the 48th, Mullis of the 53rd, Rogers of the 21st, Williams of the 19th, Thompson of the 33rd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow the Georgia Department of Transportation to enter into multiyear construction agreements without obligating present funds for the full obligation to the state under the full term WEDNESDAY, MARCH 24, 2010 1537 of such agreements; 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 Transportation. SR 1083. By Senators Grant of the 25th, Hill of the 4th, Butterworth of the 50th, Goggans of the 7th, Crosby of the 13th and others: A RESOLUTION authorizing the leasing of certain State owned real property in Baldwin County, Georgia; authorizing the conveyance of certain State owned real property located in Clinch County, Georgia; authorizing the conveyance of any State interest in certain real property in Colquitt County, Georgia, authorizing the renting of certain State owned real property in Fulton County, Georgia, authorizing the conveyance of certain State owned real property located in Lee County, Georgia; authorizing the conveyance of certain State owned real property located in Muscogee County, Georgia; and to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SR 1199. By Senators Hawkins of the 49th, Balfour of the 9th, Goggans of the 7th, Shafer of the 48th, Tolleson of the 20th and others: A RESOLUTION directing the Professional Standards Commission to temporarily modify its rules relating to professional learning requirements for certificate renewal and creating the Certification and Professional Learning Task Force; and for other purposes. Referred to the Committee on Education. Representative Walker of the 107th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House: 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 1538 JOURNAL OF THE HOUSE 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. 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 Y Bearden E Beasley-Teague N Bell N Benfield N Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter N Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C E Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N 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 Y Houston Howard Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen N Keown Y Kidd 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 E Marin Y Martin N Maxwell Y May Y Mayo N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parrish Y Parsons Y Peake N Porter Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey N Randall N Reece Y Reese Y Rice Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the motion, the ayes were 109, nays 56. The motion prevailed. WEDNESDAY, MARCH 24, 2010 1539 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. Representative Hill of the 21st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House: HR 1086. By Representatives Hill of the 21st, May of the 111th, Cooper of the 41st, Byrd of the 20th, Sheldon of the 105th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that no law or rule or regulation shall compel any person, employer, or health care provider to participate in any health care system and to authorize persons and employers to pay directly for lawful health care services without penalties or fines; to provide for the submission of this amendment for ratification or rejection; and for other purposes. On the motion, the roll call was ordered and the vote was as follows: E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs N Dodson Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C E 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 Greene Y Hamilton Hanner Y Harbin Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Hudson N Hugley N Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas E Marin Y Martin Y Maxwell Y 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 N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall N Reece Y Reese Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard N Williams, A N Williams, E 1540 JOURNAL OF THE HOUSE Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Y Harden, B Y Harden, M Y Hatfield N Heard N Heckstall Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the motion, the ayes were 110, nays 58. 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 members were recognized during the period of Morning Orders and addressed the House: Maddox of the 127th, Wilkinson of the 52nd, Geisinger of the 48th, Peake of the 137th, Fludd of the 66th, Buckner of the 130th, Dooley of the 38th, Glanton of the 76th, Davis of the 109th, and Bearden of the 68th. The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted: HR 1325. By Representatives Everson of the 106th and Dempsey of the 13th: A RESOLUTION recognizing and commending the Rome Judicial Circuit and inviting them to be recognized by the House of Representatives; and for other purposes. HR 1326. By Representatives Everson of the 106th, Collins of the 95th and Mangham of the 94th: A RESOLUTION recognizing and commending Dr. Stephen Boyle and inviting him to be recognized by the House of Representatives; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 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: WEDNESDAY, MARCH 24, 2010 1541 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. The following Committee substitute was read and adopted: A BILL 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, is amended by revising paragraph (9) as follows: "(9)(A) 'Sales price' means the total amount valued in money, whether paid in money or otherwise, for which tangible personal property or services are sold, including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller without any deduction from the total amount for the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind. (B) 'Sales price' does shall not include: (i) Cash discounts allowed and taken on sales; (ii) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold; or (iii) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price; or (iv) An amount for the reimbursement of ad valorem taxes on leased or rented equipment of which ad valorem taxes are paid by the lessor of such equipment, but an equivalent amount is charged to the lessee of such equipment. Such equivalent amount shall not be deemed to be part of the total gross lease or rental proceeds upon which sales and use tax would be due and payable." 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. 1542 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight 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 E Manning E Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Davis of the 109th, Hudson of the 124th, Knox of the 24th, 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. WEDNESDAY, MARCH 24, 2010 1543 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Safe Medications Practice Act"; to provide for a short title; to provide legislative findings and intent; to provide for definitions; to provide for collaboration between hospital pharmacists and members of the medical staff 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by adding a new article to read as follows: "ARTICLE 13 26-4-210. This article shall be known and may be cited as the 'Safe Medications Practice Act.' 26-4-211. (a) The General Assembly finds and declares that: (l) Medications are essential for the effective treatment and prevention of illness and disease, and medications, particularly dangerous drugs, are recognized to be complex chemical compounds which may cause untoward side effects, adverse reactions, and other undesirable and potentially harmful effects; (2) Hospital pharmacists are highly trained in the therapeutic use of medications and have expertise in the safe, appropriate, and cost-effective use of medications; and 1544 JOURNAL OF THE HOUSE (3) Therefore, it is essential that physicians, pharmacists, and other clinical health care practitioners in an institutional setting collaborate to promote safe and effective medication therapy for the institution's patients. (b) The intent of the General Assembly in enacting this legislation is to maximize patient safety, to ensure safe and desirable medication therapy outcomes, and to achieve desired therapeutic goals. 26-4-212. As used in this article, the term: (1) 'Collaborate' means to work jointly with others as approved by an order from a physician member of the institution's medical staff for care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy. (2) 'Hospital pharmacist' means a pharmacist that is employed by, or under contract with, an institution and practicing in an institutional setting. (3) 'Institution' means any licensed hospital, nursing home, personal care home, or hospice. 26-4-213. Hospital pharmacists shall be authorized to collaborate with members of the medical staff in an institution on drug therapy management. 26-4-214. (a) The State Board of Pharmacy shall establish rules and regulations governing a hospital pharmacist acting pursuant to Code Section 26-4-213 in the provision of drug therapy management in institutions in consultation or collaboration with physicians. Such rules may include the utilization of a hospital pharmacist's skills regarding dangerous drugs to promote medication safety. Such rules shall include the ordering of clinical laboratory tests in the institutional setting and the interpretation of results related to medication use when approved by a physician member of the institutions's medical staff for the care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy. (b) The Georgia Composite Medical Board shall establish rules and regulations governing a physician acting pursuant to this article." SECTION 2. This Act shall become effective on July 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. WEDNESDAY, MARCH 24, 2010 1545 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning E 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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. 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. 1546 JOURNAL OF THE HOUSE House of Representatives Atlanta, Georgia HB 361 contains an unconstitutional delegation of legislative power to the executive branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 HB 1069. By Representatives Wilkinson of the 52nd, Porter of the 143rd, Lindsey of the 54th, Hugley of the 133rd, Stephens of the 164th 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, 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. 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 income tax imposition, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, is amended by adding a new Code section to read as follows: "48-7-40.29. (a) As used in this Code section, the term: (1) 'Cost' means the aggregate funds actually invested and expended by a taxpayer to put into service the qualified equipment. WEDNESDAY, MARCH 24, 2010 1547 (2) 'Energy efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources, as effective in reducing business or domestic energy usage. Such certifications may include, by way of example and not limitation, any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (3) 'Qualified equipment' means energy efficient equipment or water efficient equipment. (4) 'Water efficient equipment' means all machinery and equipment certified pursuant to rules and regulations promulgated for purposes of this Code section by the commissioner of natural resources, as effective in reducing business or domestic water usage. Such certifications may include, by way of example and not limitation, any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (b) Rules and regulations of the commissioner of natural resources shall establish classifications or categories of qualified equipment, and no item of such qualified equipment shall be included in more than one classification or category for purposes of claiming a tax credit under this Code section. The commissioner of natural resources, may take all reasonable and necessary steps to identify qualified equipment and to bring such equipment to the attention of taxpayers in this state qualified to install such equipment. (c) After the effective date of this Code section, any taxpayer who is the ultimate purchaser of an item of qualified equipment for installation as part of new construction or for retrofit in this state shall be allowed a credit against the tax imposed under this article in the taxable year in which such qualified equipment was placed in service. The amount of the credit allowed under this Code section shall be 25 percent of the cost of the qualified equipment or $2,500.00, whichever is less. (d) The credit granted under subsection (c) of this Code section shall be subject to the following conditions and limitations: (1) The aggregate amount of credit which shall be claimed and allowed by taxpayers in any taxable year under this Code section shall be limited solely and exclusively to the amount of federal funds granted to the state for purposes of this Code section. In any tax year in which no federal funds are available for such purposes, no credit shall be claimed and allowed under this Code section. 1548 JOURNAL OF THE HOUSE (2) A taxpayer that claims a credit allowed under this Code section shall not be eligible to claim such qualified equipment for the clean energy property credit provided in Code Section 48-7-29.14; and (3) To claim a credit allowed by this Code section, the taxpayer shall provide any information required by the Department of Natural Resources or the department. Every taxpayer claiming a credit under this Code section shall maintain and make available for inspection by the Department of Natural Resources or the department any records that either entity considers necessary to determine and verify the amount of the credit to which the taxpayer is entitled. The burden of proving eligibility for a credit and the amount of the credit rests upon the taxpayer, and no credit may be allowed to a taxpayer that fails to maintain adequate records or to make them available for inspection. (e) In no event shall the amount of the tax credit allowed by this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified equipment was placed in service. No such credit shall be allowed the taxpayer against prior years' tax liability. (f) After the qualified equipment is placed in service, a taxpayer seeking to claim any tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit. The commissioner shall promulgate the rules and forms on which the application is to be submitted. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application. (g) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section exceed the amount of federal funds granted to the state for purposes of this Code section. (h) The Department of Natural Resources and the department shall be authorized to adopt rules and regulations to provide for the administration of the tax credit provided by this Code section. Specifically, the Department of Natural Resources and the department shall create a mechanism to track and report the status and availability of credits for the public to review at a minimum on a quarterly basis." SECTION 2. This Act shall become effective on January 1 of the year following the year in which federal funds are made available for the purpose of funding the credit provided by this Act and in which the state auditor certifies in writing to the commissioner of natural resources and the state revenue commissioner that such funds have been received, have been deposited in the general fund, and are available for purposes of this Act. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 24, 2010 1549 The report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning E 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 Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1057. By Representatives Amerson of the 9th, Collins of the 27th and Willard of the 49th: 1550 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, so as to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court; 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 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, so as to provide that the General Assembly may at any time specify by local law who shall serve as clerk of magistrate court; 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 15-10-105 of the Official Code of Georgia Annotated, relating to magistrate court clerks, is amended by revising subsection (a) as follows: "(a) The General Assembly may at any time provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section." SECTION 2. Said Code section is further amended by adding a new subsection to read as follows: "(h) Unless otherwise provided by local law, any time a vacancy occurs in the office of clerk of magistrate court, the county governing authority shall give notice to the clerk of superior court and the clerk of state court at least one week prior to appointing a successor." 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. WEDNESDAY, MARCH 24, 2010 1551 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 N Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Brooks Bruce Y Bryant N Buckner Y Burkhalter N Burns N Butler N Byrd Y Carter 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 N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson N Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon 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 N Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham E Manning E Marin Y Martin Y Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal Y Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 136, nays 32. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Knox of the 24th, Long of the 61st, 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. Representative Smith of the 129th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 1552 JOURNAL OF THE HOUSE HB 1074. By Representatives Meadows of the 5th, Day of the 163rd, Martin of the 47th, Maddox of the 127th, Collins of the 27th 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 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 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Greene Y Hamilton Y Hanner 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 Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A WEDNESDAY, MARCH 24, 2010 1553 Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Cox Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Manning Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed. Representatives Cox of the 102nd and Long of the 61st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. House of Representatives Atlanta, Georgia 30334 This version of HB 1074 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 1074. /s/ Bobby Franklin Representative, District 43 HB 1321. By Representatives Harbin of the 118th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number 9-1-1 Service Act of 1977," so as to provide an additional use for Emergency Telephone System Fund moneys; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Crawford Y Davis Y Dawkins-Haigler Y Day Y Hembree Y Henson Y Hill, C Y Hill, C.A E Marin Y Martin Y Maxwell May Y Scott, M Y Sellier Y Setzler Y Shaw 1554 JOURNAL OF THE HOUSE Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dodson 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 Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 168, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1117. By Representatives Harbin of the 118th and Powell of the 29th: 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 an executive director for the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the powers and responsibilities of such executive director; to provide for funding for the board; to provide for certain reports; to provide for the employment of staff; to provide for certain contracts; to provide for the assessment of performance; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: WEDNESDAY, MARCH 24, 2010 1555 A BILL To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide for an executive director for the State Board of Registration for Professional Engineers and Land Surveyors; to provide for the powers and responsibilities of such executive director; to provide for funding for the board; to provide for certain reports; to provide for the employment of staff; to provide for certain contracts; to provide for the assessment of performance; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising paragraph (1) of subsection (a) of Code Section 43-1-2, relating to appointment and general powers of the division director, as follows: "(a)(1) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a director of the professional licensing boards division. However, the State Board of Registration for Professional Engineers and Land Surveyors shall appoint its own fulltime executive director who shall have all powers and responsibilities delegated to the division director as they pertain to that board. Such executive director shall function in lieu of the division director." SECTION 2. Said title is further amended by revising subsection (l) of Code Section 43-1-2, relating to appointment and general powers of the division director, and adding a new subsection to read as follows: "(l) Funding Except as provided in subsection (m) of this Code section, funding for the office of the division director and the various professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (m) Funding for the operation and administration of the State Board of Registration for Professional Engineers and Land Surveyors shall be a separate and distinct budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intent of the General Assembly to appropriate all fees collected by such board to that budget unit solely for the operation and administration of such board." SECTION 3. Said title is further amended by revising subsection (c) of Code Section 43-15-4, relating to division director as secretary of State Board of Registration for Professional Engineers and Land Surveyors, as follows: 1556 JOURNAL OF THE HOUSE "(c) The board shall be assigned to the office of the division director for those purposes described in Chapter 1 of this title The board shall appoint an executive director to manage all administrative, investigative, and prosecutorial services of the board." SECTION 4. Said title is further amended by revising Code Section 43-15-6, relating to general powers of the board, by adding new subsections to read as follows: "(c) The executive director, with the approval of the board, may issue administrative orders or administrative consent orders for the enforcement of this Code section and rules adopted pursuant to this Code section. Such orders may contain remedies, license revocations, penalties, monetary settlements, or other such provisions. Such orders shall be consistent with Chapter 13 of Title 50, the 'Administrative Procedures Act.' Such orders may be prepared with the assistance of the Attorney General or may be prepared without such assistance. (d) The executive director, with the approval of the board, may contract with qualified individuals or firms to assist the board in performing its duties, especially complaint investigations. The executive director may also retain qualified staff for the purpose of assisting the board in performing its duties. (e) The board shall file a written report with the Secretary of State on or before the second Tuesday of each year to be posted on the website of the Secretary of State. The report shall include a summary of all actions taken by the board, a financial report of income and disbursements, staff personnel, and number of persons licensed by the board. The report shall further delineate steps taken in education and research to disseminate information so that all licensees can be better informed in order to protect the public. The board shall also outline a program of education and research for each ensuing year. In particular, the report shall contain the following: (1) The number of license applications received; (2) The number of license applications approved, the number denied, and the number of licenses issued; (3) The number of examinations administered, the number of applicants passing such examinations, and the number of applicants failing such examinations; (4) The number of complaints received, the number of complaints found to be legally sufficient, the number of complaints dismissed, and the number of complaints determined to have probable cause, and the number of days required to process each complaint; (5) The number and nature of disciplinary actions taken by the board; and (6) The number of complaints pending and the number of days lapsed from the receipt of each complaint. (f) The board shall develop performance standards and measurable outcomes to adopt by rule in order to facilitate efficient and cost-effective regulation of licensees." WEDNESDAY, MARCH 24, 2010 1557 SECTION 5. For the purposes of selecting an executive director and staff and for all matters necessary for an orderly transition, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2011. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Hatfield Y Heard Y 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning E 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 Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 1558 JOURNAL OF THE HOUSE 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. Representative Hatfield of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1328. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to upwardly adjust certain fees to account for inflation and repeal certain fees assessed by the sheriff and the superior, probate, and magistrate courts; to amend Code Section 14-10-4 and Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to formation of professional associations and rural telephone cooperatives, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Willard of the 49th moved that HB 1328 be placed upon the table. The motion prevailed. HB 1140. By Representatives Lane of the 167th, Williams of the 178th, Smith of the 168th and Willard of the 49th: A BILL to be entitled an Act to amend an Act to provide for additional judges for the superior courts of the Alcovy, Atlanta, and Brunswick judicial circuits, approved May 12, 2008 (Ga. L. 2008, p. 491), so as to change the dates of the terms of office of the initial appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt E Marin Y Martin Y Maxwell Y May Y Mayo Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon WEDNESDAY, MARCH 24, 2010 1559 Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter 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 Dodson 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: 1560 JOURNAL OF THE HOUSE A BILL 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 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, is amended by adding a new Code section to read as follows: "46-2-33. (a) The cost to the commission of providing reasonably necessary specialized testimony and assistance in conducting affiliate transactions audits prior to utility rate cases, in monitoring nuclear power costs, and in proceedings initiated by the utility, including, but not limited to, utility rate cases, fuel cost recovery cases, gas supply cases, and capacity supply cases, shall be charged to the affected utility. The amount of any such charges shall not exceed $200,000.00 per case per year, except for utility rate cases, generation construction monitoring, integrated resource planning cases, and generation certification cases, to the extent such amount is not also being recovered pursuant to an order issued under subsection (c) of Code Section 46-3A-5, which shall not exceed $600,000.00 per case per year. The maximum fee shall be adjusted on an annual basis based on the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Consumer Price Index is no longer available, the commission shall select a comparable broad national measure of inflation. This Code section shall not apply to proceedings for Tier 1 local exchange companies that have elected alternative regulation or to certificated competing local exchange carriers. (b) At the time the commission determines that specialized testimony and assistance is required, the commission shall issue an order setting forth the scope and budget for such testimony and assistance. All invoices relating to the testimony and assistance shall be subject to commission review and approval, and no utility shall be required to pay any invoice not approved by the commission. (c) The amounts paid by regulated companies under this Code section shall be deemed a necessary cost of providing service, and the utility shall be entitled to recover the full amount of any costs charged to the utility pursuant to this Code section. In addition, at WEDNESDAY, MARCH 24, 2010 1561 the election of the utility, the utility shall be entitled to recover all such costs promptly through a reasonably designed rider designated for such purpose." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Pursuant to Rule 133, Representative Horne of the 71st was excused from voting on HB 1233. The report of the Committee, which was favorable to the passage of the Bill, 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 N Allison Y Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner N Burkhalter Y Burns N Butler E Byrd N Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper N Cox Y Crawford N Davis Y Dawkins-Haigler Day Y Dempsey Y Dickson Y Dobbs Y Dodson N Dollar N Dooley E Drenner Y Dukes N Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton N Hanner N Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt Horne Y Houston Y Howard Y Hudson Y Hugley Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham E Manning E Marin N Martin Y Maxwell N May Y Mayo Y McCall Y McKillip N Meadows Y Millar N Mills Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver N O'Neal Y Parrish N Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts N Rogers N Rynders N Scott, A N Scott, M Y Sellier N Setzler N Shaw N Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Smith, E Y Smith, K Y Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 1562 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 114, nays 49. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1053. By Representatives Lunsford of the 110th, Lindsey of the 54th, Sheldon of the 105th, Jacobs of the 80th, Morris of the 155th and others: A BILL to be entitled an Act to amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in 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 adopted: A BILL To amend Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, so as to provide for an acting solictor-general during the pendency of a vacancy in office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-18-60 of the Official Code of Georgia Annotated, relating to establishing solicitors-general of state courts and vacancies in office, is amended by revising subsection (b) as follows: "(b)(1) In the event of a vacancy in the office of solicitor-general of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. (2)(A) During the period of time between the creation of the vacancy and the appointment of a qualified replacement for the solicitor-general, the chief assistant solicitor-general or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall perform the duties of the solicitorgeneral and serve as the acting solicitor-general. (B) When there is no assistant solicitor-general available to perform the duties of the solicitor-general as provided in subparagraph (A) of this paragraph, the clerk of WEDNESDAY, MARCH 24, 2010 1563 court shall notify the judge of the probate court, and the judge of the probate court shall appoint an acting solicitor-general. (C) An acting solicitor-general performing the duties of a solicitor-general shall be compensated as provided for acting solicitors-general in subsection (b) of Code Section 15-18-70." 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E 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 Y Golick Y Gordon Y Greene Y Hamilton Hanner Y Harbin Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lindsey Y Long Y Loudermilk Lucas E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Reese Y Scott, M Y Sellier Y Setzler N Shaw E Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K N Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E 1564 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Harden, B Y Harden, M N Hatfield Y Heard Y Heckstall Y Lunsford N Maddox, B Y Maddox, G Y Mangham E Manning Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 11. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative May of the 111th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative 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 1588. 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 Baker, Chatham, Clayton, Cobb, Columbia, Douglas, Elbert, Emanuel, Fayette, Floyd, Forsyth, Fulton, Hart, Lamar, Laurens, Liberty, Macon, Madison, Mitchell, Pulaski, Richmond, and Upson Counties, Georgia; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England 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 E 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 Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T WEDNESDAY, MARCH 24, 2010 1565 Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Collins, D Y Collins, T Y Cooper Y Cox 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 Greene Y Hamilton Hanner Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smyre Y Stephens, M Y Stephens, R Y Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. The Speaker announced the House in recess until 1:30 o'clock, this afternoon. 1566 JOURNAL OF THE HOUSE AFTERNOON SESSION The Speaker called the House to order. The following communication was received: STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: House District 12 has become vacant due to the resignation of Representative Tom Graves. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on April 27, 2010, to fill the temporary vacancy in District 12 of the Georgia House of Representatives. This 24th day of March, 2010. /s/ Sonny Perdue Governor The following Resolution of the House was read and referred to the Committee on Rules: HR 1789. 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 be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1790. By Representatives Geisinger of the 48th, Wilkinson of the 52nd, Jones of the 46th, Willard of the 49th, Lindsey of the 54th and others: A RESOLUTION honoring the life and memory of Mr. Robert Townsend Voyles, Sr.; and for other purposes. WEDNESDAY, MARCH 24, 2010 1567 HR 1791. By Representatives Coleman of the 97th, Thomas of the 100th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th and others: A RESOLUTION recognizing and commending the Georgia Association of Educators; and for other purposes. HR 1792. By Representatives Wix of the 33rd, Teilhet of the 40th, Manning of the 32nd, Johnson of the 37th and Dooley of the 38th: A RESOLUTION honoring the life and memory of Mr. James A. "Jimmy" Colquitt; and for other purposes. HR 1793. By Representatives Wix of the 33rd, Gardner of the 57th, Manning of the 32nd, Ralston of the 7th, Smyre of the 132nd and others: A RESOLUTION commending the League of Women Voters of Georgia on the occasion of its 90th anniversary; and for other purposes. HR 1794. By Representative Coan of the 101st: A RESOLUTION remembering and honoring the life of John Lawrence; and for other purposes. HR 1795. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mrs. Frances "Fran" Spikes Teaver; and for other purposes. HR 1796. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. Louis John Fortuna; and for other purposes. HR 1797. By Representatives Burkhalter of the 50th, Ralston of the 7th, Jones of the 46th and Keen of the 179th: A RESOLUTION commending Georgia State University and recognizing March 30, 2010, as Georgia State University Day at the state capitol; and for other purposes. 1568 JOURNAL OF THE HOUSE HR 1798. By Representatives Murphy of the 120th, Howard of the 121st, Frazier of the 123rd, Smith of the 122nd and Jackson of the 142nd: A RESOLUTION recognizing and commending Mr. Michael Baisden; and for other purposes. HR 1799. By Representatives Ashe of the 56th, Kaiser of the 59th, Oliver of the 83rd, Gardner of the 57th, Morgan of the 39th and others: A RESOLUTION recognizing and commending Reverend Dr. Joanna Adams on the occasion of her retirement; and for other purposes. HR 1800. By Representatives Ashe of the 56th and Kaiser of the 59th: A RESOLUTION recognizing and commending Ms. Sharon D. Collins; and for other purposes. HR 1801. By Representative Benfield of the 85th: A RESOLUTION congratulating Columbia High School's boys and girls basketball teams on winning GHSA Class AAA State Championships; and for other purposes. HR 1802. By Representatives Johnson of the 37th, Wix of the 33rd, Teilhet of the 40th, Golick of the 34th and Manning of the 32nd: A RESOLUTION recognizing and commending Bethany United Methodist Church on the occasion of its 95th anniversary; and for other purposes. HR 1803. By Representatives Powell of the 29th, Ralston of the 7th, Teilhet of the 40th, Bearden of the 68th, Greene of the 149th and others: A RESOLUTION recognizing and commending Mr. Milton E. "Buddy" Nix on the occasion of his retirement; and for other purposes. HR 1804. By Representative Benfield of the 85th: A RESOLUTION recognizing and commending Ms. Jacquelyn S. Decell on the occasion of her retirement; and for other purposes. WEDNESDAY, MARCH 24, 2010 1569 HR 1805. By Representative Benfield of the 85th: A RESOLUTION recognizing and commending Coach William "Buck" Godfrey; and for other purposes. HR 1806. By Representatives Scott of the 2nd, Ralston of the 7th, Graves of the 12th, Neal of the 1st and Weldon of the 3rd: A RESOLUTION honoring the life and memory of Mr. George William "Bill" Adams, Jr.; and for other purposes. HR 1807. By Representatives Gardner of the 57th, Ashe of the 56th, Kaiser of the 59th and Taylor of the 55th: A RESOLUTION recognizing and commending the 2010 Grady High School Mock Trial Team; and for other purposes. HR 1808. By Representatives McKillip of the 115th, Heard of the 114th, Kaiser of the 59th and Smith of the 113th: A RESOLUTION congratulating the Clarke Central High School football team on being the 2009 GHSA Class AAAA runner up; and for other purposes. HR 1809. By Representative Ashe of the 56th: A RESOLUTION recognizing and commending Youth Sunday at Central Presbyterian Church; and for other purposes. HR 1810. By Representative Ehrhart of the 36th: A RESOLUTION commending the Osteogenesis Imperfecta Foundation and recognizing March 24, 2010, as Osteogenesis Imperfecta Day at the state capitol; and for other purposes. HR 1811. By Representative Hudson of the 124th: A RESOLUTION recognizing and commending Mrs. Annette Finley on the occasion of her retirement; and for other purposes. HR 1812. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: 1570 JOURNAL OF THE HOUSE A RESOLUTION honoring the life and memory of Mr. Joe S. Hatfield; and for other purposes. HR 1813. By Representatives Pruett of the 144th, Cole of the 125th, Harden of the 28th, Ramsey of the 72nd and Williams of the 178th: A RESOLUTION Recognizing March 26, 2010, as Boys & Girls Club Day at the state capitol; and for other purposes. HR 1814. By Representatives Bryant of the 160th, Gordon of the 162nd and Stephens of the 161st: A RESOLUTION recognizing and commending Mr. Reginald David Walker; and for other purposes. HR 1815. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mr. John Burl Hulsey, Sr.; and for other purposes. HR 1816. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Dr. H.E. "Herb" Valentine; and for other purposes. HR 1817. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st: A RESOLUTION honoring the life and memory of Mrs. Loretta F. Rhodes; and for other purposes. HR 1818. By Representative Byrd of the 20th: A RESOLUTION recognizing and commending Cassandra Kimball; and for other purposes. HR 1819. By Representative Battles of the 15th: A RESOLUTION commending the Boys & Girls Clubs of Bartow County on the occasion of its 20th anniversary; and for other purposes. WEDNESDAY, MARCH 24, 2010 1571 HR 1820. By Representative Marin of the 96th: A RESOLUTION recognizing March 31, 2010, as Csar E. Chvez Day at the state capitol in honor of Mr. Chvez's birthday; and for other purposes. HR 1821. By Representatives Mayo of the 91st, Abdul-Salaam of the 74th and Williams of the 89th: A RESOLUTION recognizing and commending Dr. Vikisha Fripp-Vincent; 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 1007. By Representative Holt of the 112th: A BILL to be entitled an Act to amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, so as to increase the maximum amount of sales of personal property that is exempt from the prohibitions of the Code section; to limit civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of real or personal property to political subdivision by local officer or employee, is amended by revising subsection (c) and adding a new subsection to read as follows: "(c) Subsection (b) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 $800.00 per calendar quarter; 1572 JOURNAL OF THE HOUSE (2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointed officer, or elected officer, either for himself or herself or on behalf of any business entity; or (3) Sales of real property in which a disclosure has been made: (A) To the judge of the probate court of the county in which the purchasing political subdivision or local authority is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision or local authority is partially included and which shall have been designated by the purchasing political subdivision or local authority to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county; (B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; (C) Which shows that an employee, appointed officer, or elected officer of an employing political subdivision or agency thereof or of an employing local authority has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency or local authority, the purchase price, and location of the property. (d) Any contract or transaction for a sale made in accordance with subsection (c) of this Code section shall be valid and no employee, appointed officer, or elected officer shall be subject to civil liability for any such sale." 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 Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Bell N Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart 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 E Marin Y Martin Y Maxwell May Mayo Y McCall N McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R WEDNESDAY, MARCH 24, 2010 1573 Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Cole Y Coleman Collins, D Y Collins, T Cooper Y Cox Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Y Heckstall Y Jerguson Y Johnson Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Manning Y Mosby Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 143, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th, Mayo of the 91st, Murphy of the 120th, 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 1231. By Representatives Reese of the 98th, Collins of the 27th, Powell of the 171st, Jackson of the 142nd and Austin of the 10th: A BILL to be entitled an Act to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to clarify the proper manner in which to execute a left 1574 JOURNAL OF THE HOUSE turn; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety Code Section 40-6-120, relating to the required position and methods of turning at intersections, and inserting in its place a new Code Section 40-6-120 to read as follows: "40-6-120. The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; (2) Left turn. (A) As used in this paragraph, the term 'extreme left-hand lane' means the lane furthest to the left that is lawfully available to traffic moving in the same direction as the turning vehicle. In the event of multiple lanes, the second extreme left-hand lane shall be the lane to the right of the extreme left-hand lane that is lawfully available to traffic moving in the same direction as the turning vehicle. The third extreme left-hand lane shall be the lane to the right of the second extreme left-hand lane and so forth. (B) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to exit the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered. (C) In the event of multiple left turn lanes, the driver of a vehicle turning left shall exit the intersection in the same relative travel lane as the vehicle entered the intersection. If the vehicle is in the second extreme left-hand lane entering the intersection the vehicle shall exit the intersection in the second extreme left-hand lane. Where there are multiple lanes of travel in the same direction safe for travel, a vehicle shall not be permitted to make a lane change once the intersection has been entered." SECTION 2. This Act shall become effective on July 1, 2010, and be applicable to all offenses committed on or after that date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 24, 2010 1575 The report of the Committee, which was favorable to the passage of the Bill, 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Burkhalter Y Burns N Butler Y Byrd Y Carter 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 Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon 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 Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham E Manning E Marin Y Martin Y Maxwell 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 O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson E Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 147, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Abdul-Salaam of the 74th 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. 1576 JOURNAL OF THE HOUSE HB 1324. By Representatives Butler of the 18th, Pruett of the 144th, Peake of the 137th and Ramsey of the 72nd: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to revise certain provisions relating to conviction data for employment purposes; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to provide that there shall be a privilege to refuse to disclose certain information related to certain research conducted by the department; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; and for other purposes. The report of the Committee, which was favorable to the 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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England 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 Greene Y Hamilton Y Hanner 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 Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk E Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A WEDNESDAY, MARCH 24, 2010 1577 Y Cole 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 Heckstall Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Manning N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 156, nays 3. The Bill, having received the requisite constitutional majority, was passed. Representatives Abdul-Salaam of the 74th, Knox of the 24th, Sinkfield of the 60th, 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. House of Representatives Atlanta, Georgia 30334 This version of HB 1324 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 1324. /s/ Bobby Franklin Representative, District 43 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. The following Committee substitute was read and adopted: 1578 JOURNAL OF THE HOUSE A BILL To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to revise certain provisions related to charitable solicitations; to define certain terms; 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 and religious organizations, paid solicitors, or solicitor agents; to provide requirements for use of collection receptacles for certain donations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, is amended by revising Code Section 43-17-2, relating to definitions relative to charitable solicitations, by adding a new paragraph to read as follows: "(4.1) 'Collection receptacle' means an unattended container for the purpose of collecting donations of clothing, books, personal or household items, or other goods. Such term shall not include containers used for the purpose of collecting monetary donations." SECTION 2. Said chapter is further amended by revising paragraph (12) of Code Section 43-17-2, relating to definitions relative to charitable solicitations, as follows: "(12)(A) 'Paid solicitor' means a person: (i) other Other than a commercial coventurer who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such person or by any compensated person he or she employs, procures, engages, or contracts with, directly or indirectly, to so solicit.; (ii) Who A paid solicitor shall also mean any person who would be a fundraising counsel but for the fact that such person at any time has custody of contributions from a solicitation as defined by this chapter.; or An attorney, investment counselor, accountant, or banker and who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. (iii) Who services a collection receptacle which purports, either through language appearing on the receptacle itself or otherwise, to be collecting items for the purpose of benefitting a charitable purpose or one or more entities espousing a charitable purpose. (B) A 'paid solicitor' shall not mean: WEDNESDAY, MARCH 24, 2010 1579 (i) A bona fide officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor with respect to contributions solicited for that charitable organization; (ii) An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement; (iii) A person who removes or delivers donations placed in a collection receptacle for a fixed fee and who does not otherwise directly or indirectly receive any of the proceeds of the sale of such donations or derive any other benefit from such activity; or (iv) A charitable organization registered with the Secretary of State which operates collection receptacles or a religious organization which operates collection receptacles." SECTION 3. Said chapter is further amended by revising subsection (g) of Code Section 43-17-3, relating to registration of paid solicitors, renewal, financial statements, denial of registration, amendments, contracts, solicitation notices, accounting, deposit of contributions, and records, as follows: "(g) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in the form of a written report, submitted to the charitable organization and to the Secretary of State, shall be retained by the charitable organization for three years, and shall contain the following information: (1) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; (3) The signature of the charitable organization acknowledging its agreement with the accuracy of the report, or a statement from the paid solicitor stating the reasons why such signature has not been obtained within the prescribed period, including a summary of any communications from the charitable organization contesting the accuracy of the report; and (4) With respect to any contributions other than monetary donations and securities, including, but not limited to, boats, motor vehicles, clothing, shoes, books, appliances, and other household items received as a result of solicitations by a paid solicitor: (A) The names and addresses of any persons to whom such contributions were delivered by the paid solicitor, by the charitable organization whose name was used in connection with the solicitation, or by their agents; provided, however, that this subparagraph shall not require the names and addresses of donees or retail 1580 JOURNAL OF THE HOUSE purchasers of consumer products which are delivered to a charitable organization to be given away or sold at retail by the charitable organization with the proceeds of such sales being used to further the stated charitable purpose of the organization; (B) The total consideration, if any, received by the paid solicitor, by the charitable organization, or by their agents from such persons for such contributions; and (C) The manner in which such consideration was calculated; and (4)(5) Such other information as the Secretary of State by rule may require." SECTION 4. Said chapter is further amended by revising Code Section 43-17-8, relating to registration of paid solicitors and certain disclosures, as follows: "43-17-8. (a) Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section, at the time of any solicitation that occurs in or from this state, shall include the following disclosures: (1) The name and location of the paid solicitor and solicitor agent, if any; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be sent upon request: (A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid solicitor on behalf of the charitable organization and not by a volunteer and inform the person being solicited that the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State. (b) This Code section shall not apply to charitable solicitations subject to and in compliance with the provisions of Code Section 43-17-8.1." SECTION 5. Said chapter is further amended by adding a new Code section to read as follows: "43-17-8.1. (a) When any person makes a solicitation to the public by encouraging donations into a collection receptacle, the provisions of this Code section shall apply to such solicitations. (b) If the collection receptacle is owned or operated entirely by a charitable organization exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 or by a religious organization, the receptacle shall WEDNESDAY, MARCH 24, 2010 1581 contain the following information in boldface letters at least two inches high on the front of the collection receptacle and directly underneath the deposit door stating: (1) The name, address, website, if any, and telephone number of the charitable organization or religious organization that owns or operates the collection receptacle, from which persons may obtain additional information about the religious or charitable organization, including the address of its principal office and its telephone number; and (2) Whether or not the charitable organization or religious organization is registered with the Secretary of State and, if it is registered, a statement that additional information may be obtained from the Secretary of State, including the charitable or religious purpose for which the charitable organization or religious organization exists. (c) If the collection receptacle is owned or operated entirely or in part by any entity other than a charitable organization exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 or by a religious organization, then the following shall apply: (1) In the case where any of the items collected are to be sold and none of the proceeds of such sale are to be paid over or otherwise given to a charitable organization exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 or to a religious organization, it shall be unlawful for any person to collect donations of goods or tangible items in such collection receptacle unless the collection receptacle displays the following statement: 'DONATIONS ARE NOT FOR THE BENEFIT OF ANY CHARITABLE OR RELIGIOUS ORGANIZATION.' The name, address, website, if any, and telephone number of the operator of the collection receptacle shall also be provided; and (2) In the case where any of the items collected are to be sold and some or all of the proceeds from such sale are to be paid over or otherwise given to one or more charitable organizations exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 or to a religious organization, it shall be unlawful for any person to collect donations of goods or tangible items in a collection receptacle unless the collection receptacle displays the following statement: 'THIS COLLECTION BOX IS OPERATED BY [NAME OF OPERATOR]. THE ITEMS DEPOSITED IN THIS BOX WILL BE SOLD, AND A PORTION OF THE PROCEEDS WILL BE PAID TO [NAME OF CHARITABLE ORGANIZATION OR RELIGIOUS ORGANIZATION]. FURTHER INFORMATION ABOUT THESE PAYMENTS CAN BE OBTAINED FROM [NAME OF OPERATOR] AT [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE OPERATOR] AND [ADDRESS, WEBSITE, IF ANY, AND TELEPHONE NUMBER OF THE CHARITABLE ORGANIZATION OR RELIGIOUS ORGANIZATION]. IN ADDITION, FURTHER INFORMATION ABOUT THE CHARITABLE ORGANIZATION MAY BE OBTAINED FROM THE SECRETARY OF STATE.' 1582 JOURNAL OF THE HOUSE The statements and all information required by paragraphs (1) and (2) of this subsection shall be prominently displayed in boldface letters at least two inches high located on the front of the collection receptacle and directly underneath the deposit door. (d) The Secretary of State may by rule specify additional contact information required to be disclosed pursuant to subsections (b) and (c) of this Code section." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Collins, T Cooper Y Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning E Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker WEDNESDAY, MARCH 24, 2010 1583 On the passage of the Bill, by substitute, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1194. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th: A BILL to be entitled an Act to amend Chapter 3 of Title 49 of the Official Code of Georgia Annotated, relating to county and district departments, boards, and directors of family and children services, so as to provide for the outsourcing of certain 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. 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon 1584 JOURNAL OF THE HOUSE Y Channell Y Cheokas 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 N Hatfield Y Heard Y Heckstall Y Lindsey Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Manning Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 163, nays 3. 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. Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon. HB 1150. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Bryant of the 160th, Gordon of the 162nd 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 make certain editorial corrections; 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 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 relative to the Georgia Firefighters' Pension Fund; to make certain editorial corrections; to provide for related matters; to repeal Chapter 7A of said title, relating to the Georgia Class Nine Fire Department Pension Fund; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. WEDNESDAY, MARCH 24, 2010 1585 Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising paragraph (2) of Code Section 47-7-1, relating to definitions relative to the Georgia Firefighters' Pension Fund, as follows: "(2) 'Fire department' means a full-time fire department or volunteer fire department or a combination full-time and volunteer fire department which satisfies the following criteria: (A) The fire department is certified by the superintendent of the Georgia Fire Academy Firefighter Standards and Training Council as provided in Chapter 3 Article 1 of Chapter 4 of Title 25; and (B) The public fire suppression facilities of the fire department are ratable not less favorably than a class eight nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner. The board may require annual certification by the chief of a fire department of the satisfaction of such requirements as a condition to the eligibility of firefighters and volunteer firefighters to become members of the fund to obtain creditable service with the fund." SECTION 2. Said title is further amended by revising paragraph (3) of Code Section 47-7-1, relating to definitions relative to the Georgia Firefighters' Pension Fund, as follows: "(3) 'Firefighter' means a person who is: (A) A full-time employee of a fire department who in the course of full-time his or her employment by and within a department either is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or (B) Appointed and regularly enrolled as a volunteer with a class nine fire department; volunteer fire department or combination full-time and volunteer fire department which satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-3-23 and who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(1)(D) of Code Section 25-323." 1586 JOURNAL OF THE HOUSE SECTION 3. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, as follows: "(3) Returns shall be made on forms prescribed by the board. Such forms shall require, without limitation, a separate statement of the gross premiums from policies covering property served by public fire suppression facilities of the fire department rated as class nine and those rated not less than class eight nine under the standards set forth in the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent." SECTION 4. Said title is further amended by revising paragraph (2) of subsection (e) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, as follows: "(2) A taxpayer whose timely claim for refund is denied or has not been decided by the board within 180 days after it is filed may bring an action for a refund of not more than the amount set forth in the claim. Such action shall be brought in the superior court of the county in which the board's principal office is located. Such action shall name as the defendant the Georgia Firefighters' Pension Fund and not members of the board or any officer or employee of the board. Service of the summons and complaint in such action shall be made upon the secretary-treasurer executive director of the fund. No such action shall be commenced after the expiration of 180 days after the claim has been denied by the board or, if the board has not acted on the claim, within one year of the date the claim was filed with the board." SECTION 5. Said title is further amended by revising subparagraph (d)(3)(C) of Code Section 47-7100, relating to eligibility for full pension benefits, optional pension benefits, vesting of rights to pension benefits, and early retirement provisions relative to the Georgia Firefighters' Pension Fund, as follows: "(C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect Option A with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier." WEDNESDAY, MARCH 24, 2010 1587 SECTION 6. Said title is further amended by revising Code Section 47-7-103, relating to benefits payable to a named beneficiary upon death of a member of the Georgia Firefighters' Pension Fund before benefits have commenced or before benefits equal to the member's dues have been paid, as follows: "(a) In the event of the death of a member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the secretary-treasurer executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board. (b) In the event of the death of a member of the fund who is in good standing, who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100, and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $5,000.00, the member's named beneficiary shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section." SECTION 7. Said title is further amended by revising Code Section 47-7-104, relating to benefits payable to volunteer firefighters erroneously found to be eligible for such payments, as follows: "47-7-104. Any other provisions of law to the contrary notwithstanding: (1) Any person who served as a volunteer firefighter prior to March 3, 1955, and who began receiving retirement benefits at a later date from the fund, based on the board of trustees' belief that such person was eligible for such benefits, but whose retirement benefits were ceased or canceled by the board of trustees based upon its subsequent realization that such person was not in fact eligible for such benefits; or (2) Any person who left service as a volunteer firefighter after receiving written notice from the secretary-treasurer executive director of the fund that he such person was eligible for retirement benefits except for not having reached the age of 60 years, which written notice was later determined by the board to be erroneous, shall be eligible to receive the retirement benefits under this chapter in the same manner as if such service had been rendered in a class eight nine or better fire department, regardless of the fact that such service was not rendered in a class eight nine or better fire department." SECTION 8. Said title is further amended by revising subsection (a) of Code Section 47-7-124, relating to disposition of funds abandoned by members of the Georgia Firefighters' 1588 JOURNAL OF THE HOUSE Pension Fund separated from the service, notice, and limitation on asserting certain claims, as follows: "(a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the secretary-treasurer executive director of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of the Georgia Firefighters' Pension Fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer firefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records of the fund." SECTION 9. Said title is further amended by repealing in its entirety Chapter 7A, relating to the Georgia Class Nine Fire Department Pension Fund. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England 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 E Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby Y Scott, M Y Sellier Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T WEDNESDAY, MARCH 24, 2010 1589 Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Rogers Y Rynders Y Scott, A Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1206. By Representatives Maddox of the 127th, Anderson of the 117th, Williams of the 178th, Knight of the 126th, Roberts of the 154th 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 the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; 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 the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer; to change certain provisions relating to standards for wells and geothermal boreholes; to repeal conflicting laws; and for other purposes. 1590 JOURNAL OF THE HOUSE 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 by adding a new paragraph to Code Section 12-5-122, relating to definitions, as follows: "(17.1) 'Geothermal borehole' means any hole in the earth which is drilled for the purpose of installing piping for heating and air conditioning systems through which water, antifreeze, water mixtures, freon, or other media are circulated to exchange heat with the earth for the purpose of heating or cooling, or both." SECTION 2. Said part is further amended by revising Code Section 12-5-125, relating to the requirement for a water well contractor's license and drilling under the direction of a professional geologist or engineer, as follows: "12-5-125. Except as provided in subsection (f) of Code Section 12-5-127, no person shall drill a water well or geothermal borehole without first having a water well contractor's license issued by the council. No person, including licensed water well contractors, shall drill any other kind of well, borehole, or corehole, other than a water well or geothermal borehole, unless such person is acting under the direction of a professional geologist or a professional engineer." SECTION 3. Said part is further amended by revising paragraph (5) of Code Section 12-5-134, relating to standards for wells and boreholes, by substituting a period for the semicolon at the end of subparagraph (F) and by adding a new subparagraph to read as follows: "(G) Geothermal boreholes that penetrate into ground water shall be grouted from bottom to top by forced injection using impervious grouting material designed for such purpose. Geothermal boreholes shall be constructed or located at a safe distance from any potential source of contamination. The minimum safe distance from the following sources of contamination shall be: (i) Ten feet from sewer lines; (ii) Twenty-five feet from septic tanks; (iii) Fifty feet from septic drain fields; (iv) Ten feet from a connection between a house and a septic tank; and (v) Ten feet from a connection between a house and a sewer line;" 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. WEDNESDAY, MARCH 24, 2010 1591 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 Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y 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 Y Golick Y Gordon 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 N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham E Manning E Marin Martin Y Maxwell N 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 159, nays 6. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1147. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code 1592 JOURNAL OF THE HOUSE Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, so as to eliminate aircraft liens subject to recordation in the Federal Aviation Administration's Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, so as to provide for filing a notice of intention to claim a lien with the Federal Aviation Administration's Aircraft Registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 44-14-363 of the Official Code of Georgia Annotated, relating to special liens on personalty, is amended by revising paragraph (1) of subsection (c) as follows: "(c)(1) When possession of the property is surrendered to the debtor, the mechanic shall record his or her claim of lien within 90 days after the work is done and the material is furnished or, in the case of repairs made on or to aircraft or farm machinery, within 180 days after the work is done and the material is furnished. The claim of lien shall be recorded in the office of the clerk of the superior court of the county where the owner of the property resides. The claim shall be in substance as follows: 'A.B., mechanic, claims a lien on _______ (here describe the property) of C.B., for work done, material furnished, and storage accruing (as the case may be) in manufacturing, repairing, and storing (as the case may be) the same.'" SECTION 2. Code Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens on aircraft for labor and materials and for contracts of indemnity, is revised as follows: "44-14-518. (a) Any person engaged in fueling, repair, storage, servicing, or furnishing supplies or accessories for aircraft or aircraft engines or providing contracts of indemnity for aircraft shall have a lien on such aircraft or aircraft engines for any reasonable charges WEDNESDAY, MARCH 24, 2010 1593 therefor, including charges for labor, for the use of tools, machinery, and equipment, and for all parts, accessories, materials, fuel, oils, lubricants, storage fees, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, therewith. Such lien shall be superior to all liens except liens for taxes. (b) Such lien may be asserted by the retention of the aircraft or aircraft engines, and if such lien is asserted by retention of the aircraft or aircraft engines, the lienor shall not be required to surrender the aircraft or the aircraft engine to the holder of a subordinate security interest or lien. When possession of the aircraft or aircraft engine is surrendered by the person claiming the lien, the person claiming the lien shall, within 90 days after such fuel, repair, storage, service, supplies, accessories, or contracts of indemnity are furnished, in the office of the clerk of superior court of the county within which the aircraft was located at the time such service, supplies, accessories, or contracts of indemnity were furnished, a statement,: (1) Provide written notice, subscribed and sworn to by such person or by some person in his or her behalf, giving a just and true account of the demands claimed to be due, with all just credits and the name of the person to whom the fuel, repair, storage, service, supplies, accessories, or contracts of indemnity were furnished, the name of the owner of the aircraft or aircraft engines, if known, and a description of the aircraft sufficient for identification. Such statement shall be recorded by the clerk in a book kept for that purpose, for which the clerk shall receive the same fees as provided in subparagraph (f)(1)(A) of Code Section 15-6-77 for recording liens., by personal delivery, certified mail, or statutory overnight delivery, return receipt requested, to the following: (A) The registered owner and others holding recorded interests in the aircraft or aircraft engines at the addresses listed in the Federal Aviation Administration's Aircraft Registry; or (B) If not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, to the owner, if known, at his or her last known address, or, if not known, to the person to whom the fuel, repair, storage, service, supplies, accessories, or contracts of indemnity were furnished; and (2) File such written notice for recording in the Federal Aviation Administration's Aircraft Registry in the manner prescribed by federal law under 49 U.S.C. Section 44107 for the filing of such liens for recordation, or, if not a United States registered aircraft or if the aircraft engine is not subject to recordation by the Federal Aviation Administration, with the appropriate recording authority, established by applicable state law, international treaty, or foreign law, in the manner prescribed for the filing of such liens for recordation." SECTION 3. This Act shall become effective on July 1, 2010. 1594 JOURNAL OF THE HOUSE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Dukes Y Ehrhart Y England 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Manning E Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y 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 Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, 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. WEDNESDAY, MARCH 24, 2010 1595 HB 1199. By Representatives Smith of the 70th, Peake of the 137th, Lane of the 158th, Knight of the 126th, Hill of the 180th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources in general, so as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code by aiding the department in carrying out any of its powers and accomplishing any of its purposes; and for other purposes. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources in general, so as to change certain provisions relating to the authority of the Department of Natural Resources to arrange for and accept volunteer services and cooperation with other government entities and civic organizations; to authorize the incorporation by the department of one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and accomplishing any of its purposes by accepting donations; to provide conditions and restrictions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources in general, is amended by revising Code Section 12-2-6, relating to the department's authority to arrange for and accept federal aid and volunteer services and cooperation with other government entities and civic organizations, as follows: "12-2-6. (a) In carrying out its objectives, the department is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and from such other sources as may lend assistance. (b)(1) The commissioner is authorized to accept without regard to the State Personnel Administration, laws, rules, or regulations, the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, historic preservation, interpretive functions, hunter safety and boating 1596 JOURNAL OF THE HOUSE safety instruction, hunter safety and boating safety programs, wildlife management, recreation, visitor services, conservation measures and development, public education on conservation, and any other activities in and related to the objectives, powers, duties, and responsibilities of the department. (2) The commissioner is authorized to provide for reimbursement of volunteers for incidental expenses such as transportation, uniforms, lodging, and subsistence. The commissioner is also authorized to provide general liability coverage and fidelity bond coverage for such volunteers while they are rendering service to or on behalf of the department. (3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including, without limitation, those relating to hours of work, rates of compensation, leave, unemployment compensation, and state employee benefits. (4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the department for its employees while operating state owned vehicles. (5) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia. (c) The department shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the department through the use of volunteer services, including, but not limited to, the recruitment, training, and use of volunteers. (d) The department is directed to cooperate with and coordinate its work with the work of each department of the federal government dealing with the same subject matters dealt with by the Department of Natural Resources. The department is authorized to cooperate with the counties of the state in any surveys to ascertain the natural resources of the counties. The department is also authorized to cooperate with the governing bodies of municipalities and boards of trade and other local civic organizations in examining and locating water supplies and in giving advice concerning and in recommending plans for other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the department may direct. (e) The department shall have the authority to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote environmental protection, coastal resource conservation, historic preservation, interpretive functions, hunter safety and boating safety instruction and programs, outdoor recreation, wildlife management, recreation, visitor services, conservation WEDNESDAY, MARCH 24, 2010 1597 measures and development, public education on conservation and any other activities in and related to the objectives, powers, duties, and responsibilities of the department and that make efficient use of funds appropriated for advertising and promotions; provided, however, that nothing in this subsection shall be construed so as to authorize the department to grant any donation or gratuity. (f)(1) The department shall have the power and authority to incorporate one nonprofit corporation that qualifies as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (2) Any nonprofit corporation created pursuant to this subsection shall be subject to the following provisions: (A) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (B) Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia; (C) No member of the Board of Natural Resources shall be an officer or director of any such nonprofit corporation; (D) As used in this subparagraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department; (E) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (F) The department shall not be liable for the action or omission to act of any such nonprofit corporation; (G) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (H) Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (3) Any nonprofit corporation created pursuant to this subsection shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the 1598 JOURNAL OF THE HOUSE House Committee on Natural Resources and Environment, the House Committee on Game, Fish, and Parks, and the Senate Natural Resources and the Environment Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative O'Neal of the 146th moves to amend the Committee substitute to HB 1199 as follows: on page 3, line 71 after the word "that", insert the word "could" and strike the word "qualifies" and insert "qualify". 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 Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT WEDNESDAY, MARCH 24, 2010 1599 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall 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 Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. The Speaker announced the House in recess until 3:00 o'clock, this afternoon. The Speaker Pro Tem called the House to order. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 866. By Representatives Allison of the 8th, Cooper of the 41st, Channell of the 116th, Ramsey of the 72nd and Dempsey of the 13th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care facilities in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to provide for cancellation of contracts; to revise the criteria for a physician to be eligible to receive a service cancelable loan; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize grants to hospitals and other health care entities, local governments, and civic organizations in physician underserved rural areas; to provide for grant requirements; to provide for conditions of grants; to provide for contracts; to provide for penalties; to 1600 JOURNAL OF THE HOUSE provide for cancellation of contracts; to revise the eligibility criteria for a physician to receive a service cancelable loan; 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 revising Chapter 34, relating to physicians for rural areas assistance, as follows: "CHAPTER 34 31-34-1. This chapter shall be known and may be cited as the 'Physicians for Rural Areas Assistance Act.' 31-34-2. It is the purpose of this chapter to increase the number of physicians in physician underserved rural areas of Georgia by making loans to physicians who have completed their medical education and allowing such loans to be repaid by such physicians agreeing to practice medicine in such rural areas and by making grants to hospitals and, as determined by the State Medical Education Board, other health care entities, local governments, and civic organizations in physician underserved rural areas of Georgia that agree to provide matching funds to the grant, with the intent to enhance recruitment efforts in bringing physicians to such areas. It is the intent of the General Assembly that if funds are available to the State Medical Education Board to make loans, grants, or scholarships under this chapter or under other applicable state law, the State Medical Education Board shall give priority to loans and scholarships under Part 6 of Article 7 of Chapter 3 of Title 20 and to loans under Code Section 31-34-4. 31-34-3. This chapter shall be administered by the State Medical Education Board, and, as used in this chapter, the word 'board' means the State Medical Education Board created in Code Section 20-3-510. 31-34-4. (a) A physician who receives a loan under the program provided for in this chapter shall be a citizen or national of the United States licensed to practice medicine within the State of Georgia at the time the loan is made, and shall be a graduate of an accredited four-year medical school graduate medical education program located in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the Accreditation Council for Graduate Medical Education or the American Osteopathic Association for a program of education WEDNESDAY, MARCH 24, 2010 1601 designed to qualify the graduate for licensure by the Georgia Composite Medical Board. (b) The board shall make a full investigation of the qualifications of an applicant for a loan under the provisions of this chapter to determine the applicant's fitness for participation in such loan program, and for such purposes, the board may propound such examinations to applicants as the board deems proper. The board's investigation shall include a determination of the outstanding medical education loans incurred by the applicant while completing his or her medical education and training. (c) The board is authorized to consider among other criteria for granting loans under the provisions of this chapter the state residency status and home area of the applying physician and to give priority to those applicants who are physicians actively practicing or beginning active practice in specialties experiencing shortages or distribution problems in rural areas of this state as determined by the board pursuant to rules and regulations adopted by it in accordance with this chapter. (d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the loan program provided for in this chapter. Such rules and regulations shall provide for fixing the rate of regular interest to accrue on loans granted under the provisions of this chapter. Such regular rate of interest shall not exceed by more than 2 percent the prime rate published from time to time by the Board of Governors of the Federal Reserve System. Within such limitation, the regular rate of interest may be increased for new recipients of loans under this chapter. 31-34-4.1. (a) After providing priority consideration to granting loans pursuant to Code Section 31-34-4, the board is authorized to make grants to hospitals and, as determined by the board, other health care entities, local governments, and civic organizations in physician underserved rural areas of Georgia, provided that any such hospital, health care entity, local government, or civic organization matches such grant in an amount not less than such grant. Such grants shall be for the purpose of enhancing recruitment efforts in bringing physicians to such areas. (b) Acceptable expenditures of grant funds by a hospital or other health care entity, local government, or civic organization include, but are not limited to, medical education loan repayment, salary supplements for physicians, and additional support staff for a physician's office. Grant funds shall not be used for hiring or paying a recruiting firm or individual recruiter. (c) The board is authorized to give priority over other grant applicants to applicant hospitals and other health care entities, local governments, and civic organizations in rural areas of this state experiencing shortages or distribution problems of certain specialties as determined by the board pursuant to rules and regulations adopted by the board in accordance with this chapter. (d) The board may adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the grant program provided for in 1602 JOURNAL OF THE HOUSE this chapter. Such rules and regulations shall provide for the criteria that must be met by an applicant and the penalties that shall be incurred for failure to comply with the grant requirements. 31-34-5. (a)(1) The board shall have the authority to grant to each applicant approved by the board on a one-year renewable basis a service cancelable loan for a period not exceeding four years. The amount of the loan shall be determined by the board, but such amount shall be related to the applicant's outstanding obligations incurred as a direct result of completing medical education and training. (b)(2) A loan or loans to each approved applicant shall be granted on the condition that the full amount of the loan or loans shall be repaid to the State of Georgia in services to be rendered by the applicant's practicing his or her profession in a board approved physician underserved rural area of Georgia. For each full year of practicing his or her profession in such a physician underserved rural area, the physician who obtained the loan shall receive credit for the full amount of one year's loan plus regular interest which accrued on such amount. (b)(1) The board shall have the authority to make grants to each applicant hospital or other health care entity, local government, or civic organization approved by the board on a yearly basis, renewable each year at the discretion of the board. The amount of the grant shall be determined by the board, but such amount shall be related to and shall not exceed the applicant's proposed expenditures to enhance recruitment efforts in bringing one or more physicians to the physician underserved rural area. (2) A grant to an approved applicant shall be made on any condition or conditions determined by the board, which may include, but not be limited to, that one or more physicians are employed and retained in the physician underserved rural area for a prescribed minimum length of time. (c) In making a determination of physician underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Community Health, the Georgia Board for Physician Workforce, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or private associations or organizations as the board determines to be of assistance in making such determinations. Criteria to determine physician underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following: (1) The ratio of physicians to population in the area; (2) Indications of the health status of the population in the area; (3) The poverty level and dependent age groups of the population in the area; (4) Indications of community support for more physicians in the area; and (5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay. WEDNESDAY, MARCH 24, 2010 1603 31-34-6. (a)(1) Before being granted a service cancelable loan provided for in this chapter, each applicant therefor shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan is granted, which contract shall include such terms and conditions as will carry out the purposes and intent of this chapter. The chairman chairperson of the board and the executive director of the board, acting for and on behalf of the State of Georgia, shall execute the contract for the board. The contract shall also be properly executed by the applicant. The board is vested with full and complete authority to bring an action in its own name against any recipient of a loan under the provisions of this chapter for the performance of the contract and to collect any amount that may be due under the contract. (b)(2) Any recipient of a loan under the provisions of this chapter who breaches the contract for such loan by either failing to begin or failing to complete the rural practice service obligation under the contract shall be immediately liable to the board for twice the total uncredited amount of all loans contracted for with the recipient, such uncredited amount to be prorated on a monthly basis respecting the recipient's actual service rendered and the total service obligation. For compelling reasons provided for in rules or regulations of the board, the board may agree to and accept a lesser measure of damages for the breach of a contract. (b)(1) Before receiving a grant under this chapter, each approved applicant hospital or other health care entity, local government, or civic organization shall enter into a service cancelable contract with the State of Georgia agreeing to the terms and conditions upon which the grant is made, which contract shall include such terms and conditions as will carry out the purposes and intent of this chapter. The chairperson of the board and the executive director of the board, acting for and on behalf of the State of Georgia, shall execute the contract for the board. The contract shall also be properly executed by the applicant. The board is vested with full and complete authority to bring an action in its own name against any recipient of a grant under the provisions of this chapter for the performance of the contract and to collect any amount that may be due under the contract. (2) Any recipient of a grant under the provisions of this chapter who breaches the contract for such grant shall be liable for the measure of damages specified in the contract for the breach of such contract. 31-34-7. (a) The board shall have the authority to cancel the contract of any recipient of a loan under this chapter for cause deemed sufficient by the board, provided that such authority shall not be arbitrarily or unreasonably exercised. Upon such cancellation, the total uncredited amount paid to the recipient shall at once become due and payable to the board in cash, and interest at the rate of 12 percent per annum shall accrue on such total uncredited amount from the date of cancellation to the date of payment. (b) The board shall have the authority to cancel the contract of any recipient of a grant under this chapter for cause deemed sufficient by the board, provided that such 1604 JOURNAL OF THE HOUSE authority shall not be arbitrarily or unreasonably exercised. Upon such cancellation, the grant recipient shall not be eligible to receive further grant funds pursuant to this chapter. 31-34-8. The funds necessary to carry out the loan and grant program authorized by this chapter may come from funds made available to the board from private, federal, or state, or local sources. Funds appropriated by the General Assembly for the purposes of this chapter shall be appropriated to the Department of Community Health for the specific purpose of the cancelable loan and grant program authorized by this chapter. The board shall be assigned to the Department of Community Health for administrative purposes only, except that such department shall prepare and submit the budget for that board in concurrence with that board. 31-34-9. The board shall make a biennial report to the General Assembly of its activities under the provisions of this chapter. Such report shall include the name of each recipient of a loan made under the provisions of this chapter, the amount of each such loan, and the rural area in which the recipient is practicing medicine. Such report shall include the name of each recipient of a grant made under the provisions of this chapter, the amount of each such grant, and the rural area in which the recipient is located. Such report shall also report the amount of administrative expenses incurred by the board in carrying out the provisions of this chapter." 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 Y Bearden Y Beasley-Teague Y Bell Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y Hembree Y Henson Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard Hudson Y Hugley Jackson Y Jacobs E James E 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 Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R WEDNESDAY, MARCH 24, 2010 1605 Y Benfield Y Benton Y Black Y Brooks Y Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper E Cox E 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall Y Jerguson Johnson Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Mosby Y Murphy Y Neal Y Nix Oliver O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 147, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Abrams of the 84th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The following Committee substitute was read and adopted: 1606 JOURNAL OF THE HOUSE A BILL 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 provision of notice and a hearing for consideration of a warrant application made without probable cause; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 17-4-40 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, is amended by revising subsection (b) as follows: "(b)(1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer or except as provided in paragraph (6) of this subsection; provided, however, that a warrant may be denied without the notice required in paragraph (2) of this subsection where the application form and any testimony from the affiant provided at the time of the application do not demonstrate probable cause for issuing a warrant. (2) Except as otherwise provided in paragraph (6) of this subsection, a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing. (3) If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present. (4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to WEDNESDAY, MARCH 24, 2010 1607 limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause. (5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue instanter. (6) Nothing in this subsection shall be construed as prohibiting a judge or other officer from immediately issuing a warrant for the arrest of a person upon application of a person other than a peace officer or law enforcement officer if the judge or other officer determines from the application or other information available to the judge or other officer that: (A) An immediate or continuing threat exists to the safety or well-being of the affiant or a third party; (B) The person whose arrest is sought will attempt to evade arrest or otherwise obstruct justice if notice is given; (C) The person whose arrest is sought is incarcerated or otherwise in the custody of a local, state, or federal law enforcement agency; (D) The person whose arrest is sought is a fugitive from justice; (E) The offense for which application for a warrant is made is deposit account fraud under Code Section 16-9-20, and the person whose arrest is sought has previously been served with the ten-day notice as provided in paragraph (2) of subsection (a) of Code Section 16-9-20; or (F) The offense for which application for the warrant is made consists of an act of family violence as defined in Code Section 19-13-1. In the event that the judge or officer finds such circumstances justifying dispensing with the requirement of a warrant application hearing, the judge or officer shall note such circumstances on the face of the warrant application. (7) No warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection not affecting the substantial rights of the accused under the Constitution of this state or of the United States. (8) Nothing contained in this subsection shall prohibit a judge from denying a warrant based upon the application and testimony heard at the time such application is made without requiring notice to the person whose arrest is sought." 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: 1608 JOURNAL OF THE HOUSE 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart E 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 Y Manning E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey 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 Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hudson of the 124th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HR 1516. By Representatives Hill of the 180th, Smith of the 129th, Lindsey of the 54th, Keen of the 179th and Smith of the 168th: A RESOLUTION commending the Coast Guard Maritime Safety and Security Team 91108 in St. Marys, Georgia, and urging the President of the WEDNESDAY, MARCH 24, 2010 1609 United States, the United States Congress, and the United States Coast Guard not to decommission the unit as currently proposed; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart E 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 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 Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Marin Y 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. 1610 JOURNAL OF THE HOUSE 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 1200. By Representatives Glanton of the 76th, Levitas of the 82nd, Casas of the 103rd, Maxwell of the 17th, Pruett of the 144th 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 authorize local boards of education to solicit and accept donations and gifts for purposes of field trips and other educational purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart E 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Lucas Y Lunsford E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M WEDNESDAY, MARCH 24, 2010 1611 Y Collins, D Y Collins, T Cooper E Cox Y Harden, M Y Hatfield Y Heard E Heckstall Y Maddox, B Y Maddox, G Mangham Manning Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 160, nays 1. 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 1310. By Representatives Kidd of the 141st, Houston of the 170th, Parrish of the 156th, Dobbs of the 53rd, Dooley of the 38th and others: 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 Commission, so as to provide that such commission may solicit funds from certain entities and persons; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart E England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd E 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 Parrish Y Parsons Y Peake Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet 1612 JOURNAL OF THE HOUSE Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall 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 Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Scott, A Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Austin of the 10th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1105. By Representatives Channell of the 116th, Mills of the 25th, Rogers of the 26th, Stephens of the 164th, Harden of the 147th and others: A BILL to be entitled an Act to amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, so as to provide that watercraft held in inventory for resale shall continue to be exempt from taxation for a limited period of time; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. WEDNESDAY, MARCH 24, 2010 1613 Part 7 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to watercraft held in inventory, is amended by revising Code Section 48-5-504.40 as follows: "48-5-504.40. (a) As used in this Code section, the term: (1) 'Dealer' means any person who is engaged in the business of selling watercraft at retail. (2) 'Watercraft' means any vehicle which is self-propelled or which is capable of selfpropelled water transportation, or both. (b) Watercraft which is owned by a dealer and held in inventory for sale or resale shall constitute a separate classification of tangible property for ad valorem taxation purposes. The procedures prescribed in this chapter for returning watercraft for ad valorem taxation, determining the application rates for taxation, and collecting the ad valorem taxes imposed on watercraft do not apply to watercraft which is owned by a dealer and held in inventory for sale or resale. For the period commencing January 1, 2009, and concluding December 31, 2010 2013, such watercraft which is owned by a dealer and held in inventory for sale or resale shall not be returned for ad valorem taxation, shall not be taxed, and no taxes shall be collected on such watercraft until it is transferred and then otherwise, if at all, becomes subject to taxation as provided in this chapter." SECTION 2. This Act shall become effective on January 1, 2011. 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 N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Bell N Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson N Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley Y Jackson Y Jacobs E James E Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Smith, B Y Smith, E Smith, K Y Smith, L Y Smith, R 1614 JOURNAL OF THE HOUSE N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T N Cooper E Cox E England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Gardner Y Geisinger Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall N Jerguson Y Johnson Jones, J Y Jones, S Jordan N Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Lucas N Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning Y Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Scott, A Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 133, nays 26. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Lunsford of the 110th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations: HB 236 Do Pass, by Substitute HB 307 Do Pass, by Substitute HB 1343 Do Pass, by Substitute HB 1431 Do Pass, by Substitute SB 206 Do Pass, by Substitute Respectfully submitted, /s/ Harbin of the 118th Chairman WEDNESDAY, MARCH 24, 2010 1615 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 1139. By Representatives Mills of the 25th, Collins of the 27th, Rogers of the 26th and Peake of the 137th: A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, related to ad valorem taxation of property, so as to change certain provisions regarding notice of changes in taxpayers' returns; to provide for annual notice; 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. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-5-15 of the Official Code of Georgia Annotated, relating to returns of taxable real property, so as to provide for an additional method of making such return; to provide for procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-15 of the Official Code of Georgia Annotated, relating to returns of taxable real property, is amended by adding a new subsection to read as follows: "(d) Each ad valorem property tax bill shall contain a check box which the taxpayer shall mark if the taxpayer desires that such tax bill serve as a return of such real property under this Code section for the immediately following tax year. Such bill shall also contain a space in which the taxpayer shall declare value which the taxpayer is asserting as the fair market value of such property for purposes of that return. Upon receipt of the bill and the taxes due and payable for the current tax year, if the taxpayer has marked the check box and declared a fair market value, the tax receiver or tax commissioner shall forward a copy of the return to the county board of tax assessors." SECTION 2. This Act shall become effective on January 1, 2011. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1616 JOURNAL OF THE HOUSE The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart E 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 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Marin Y Martin Y 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 Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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. Due to a mechanical malfunction, the vote of Representative Burns of the 157th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. WEDNESDAY, MARCH 24, 2010 1617 Representative Jordan of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1298. By Representatives Benton of the 31st, Smith of the 70th, Hudson of the 124th, Geisinger of the 48th, Wilkinson of the 52nd 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; 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 Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Ehrhart E 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 Greene Y Hamilton Y Hanner Harbin Y Harden, B 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Lucas Y Lunsford E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M 1618 JOURNAL OF THE HOUSE Y Collins, D Y Collins, T Y Cooper E Cox Y Harden, M Y Hatfield Y Heard E Heckstall Y Maddox, B Y Maddox, G Mangham Y Manning Y Roberts Rogers Y Rynders Y Scott, A Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, MARCH 24, 2010 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 980 Public officers and employees; school board members in bail bond business; modify provisions (SP&CA-Lane-167th) Modified Open Rule HB 1314 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions (H&HS-Sheldon-105th) Modified Structured Rule HB 1012 HB 1095 HB 1174 HB 1345 Special license plates; service members killed in action; expand definition (MotV-Horne-71st) Death investigations; coroners cooperate with forensic laboratory; provisions (JudyNC-Chambers-81st) Public roads; regulate oversize and overweight loads; provisions (Substitute)(Trans-Burns-157th) Georgia Kosher Food Consumer Protection Act; enact (Substitute)(JudyJacobs-80th) WEDNESDAY, MARCH 24, 2010 1619 Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th: A BILL to be entitled an Act to amend Chapter 8 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Council on Developmental Disabilities, so as to provide for the comprehensive regulation of individual development accounts; to provide for definitions; to provide for procedures, conditions, and limitations with respect to the creation and operation of such accounts; to provide for powers, duties, and authority of the Georgia Council on Developmental Disabilities; to provide for powers, duties, and authority of certain fiduciary organizations; to amend Code Section 49-4-183 of the Official Code of Georgia Annotated, relating to administration of article by the Department of Behavioral Health and Developmental Disabilities, so as to add to uses for individual development accounts; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Crawford N Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard Y Hudson E Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B 1620 JOURNAL OF THE HOUSE Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Dooley Y Drenner Y Dukes Ehrhart Y England Y Epps, C Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Harden, M N Hatfield Y Heard E Heckstall Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Mangham Y Manning Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 153, nays 7. The Bill, having received the requisite constitutional majority, was passed. HB 1012. By Representative Horne of the 71st: A BILL to be entitled an Act to amend Code Section 40-2-86.18 of the Official Code of Georgia Annotated, relating to special license plates for family members of service members killed in action, so as to expand the definition of family member; to provide for the purchase of additional license plates by a family member; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Crawford Y Davis Dawkins-Haigler Y Day Y Hembree Y Henson Y Hill, C Y Hill, C.A E Marin Martin Y Maxwell Y May Y Scott, M Y Sellier Y Setzler Y Shaw WEDNESDAY, MARCH 24, 2010 1621 Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Bruce Y Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper E Cox Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Hatfield Y Heard E Heckstall Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Y Manning 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 Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 157, nays 0. 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 1359. By Representative Channell of the 116th: 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 and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer along state waters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: 1622 JOURNAL OF THE HOUSE A BILL To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices and minimum requirements for rules, regulations, ordinances, or resolutions, so as to provide an exception for a required buffer 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 and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by striking the word "or" at the end of division (b)(15)(A)(iv), by striking the period and inserting "; or" at the end of subdivision (b)(15)(A)(v)(IV), and by adding a new division to read as follows: "(vi) Where shoreline stabilization is installed; provided, however, that this exception shall be limited to the construction of bulkheads and sea walls only to the extent required to prevent the erosion of the shoreline into a lake operated by the United States Army Corps of Engineers or a utility regulated by the Federal Energy Regulatory Commission. This exception shall be limited to the duration of such construction." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Channell of the 116th moves to amend the House Committee on Natural Resources and Environment substitute to HB 1359 by striking lines 14 through 17 and inserting in lieu thereof the following: required to prevent the erosion of the shoreline. This exception shall be limited to Lake Oconee and shall be limited to the duration of such construction." 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: WEDNESDAY, MARCH 24, 2010 1623 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Marin 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th: 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 permit tests and examinations to be conducted in cooperation with a forensic laboratory; to provide for the custody of objects and articles of the deceased; to provide for the retention of certain records of 1624 JOURNAL OF THE HOUSE the medical examiner's inquiry and the coroner's investigation; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 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 Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E 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 Neal Y Nix Y Oliver O'Neal Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1174. By Representatives Burns of the 157th, Hamilton of the 23rd, Roberts of the 154th, Sheldon of the 105th and Lane of the 158th: WEDNESDAY, MARCH 24, 2010 1625 A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide that evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to change the designation of certain streets or highways; to provide for a certification program for drivers of oversized vehicle escorts; to provide for insurance coverage for certain permit holders; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide for evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, is amended by revising Code Section 32-6-24, relating to length of vehicles and loads, as follows: "32-6-24. (a) As used in this article, the term: (1) 'Bimodal semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. (2) 'Combination of vehicles' means a semitrailer pulled by a truck tractor or a semitrailer and trailer pulled by a truck tractor operating in a truck tractor-semitrailertrailer combination. 1626 JOURNAL OF THE HOUSE (3) 'Extendable semitrailer' means a semitrailer that has been manufactured for the purpose of extending the frame to increase the overall length for the purpose of transporting single-piece loads. (4) 'NHS' means the National Highway System. (5) 'Semitrailer' means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck tractor by which it is partly supported. (5) 'STAA system' means the National Network and the Access Routes to the National Network as allowed under the federal Surface Transportation Assistance Act (STAA), as amended. (6) 'Trailer' means a detachable load-carrying unit designed to be attached to a coupling at the rear of a semitrailer and capable of support in operation without the truck tractor. (7) 'Truck tractor' means the noncargo-carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit. (b) Unless exempted in Code Section 32-6-25 or so authorized by a permit issued pursuant to Code Section 32-6-28, the following length limits shall apply: (1) Trailer and semitrailer lengths: (A) Truck tractor-semitrailer-trailer combinations shall have trailers and semitrailers that do not exceed 28 feet in length; (B) Truck tractor-semitrailer combinations shall have semitrailers that do not exceed 53 feet in length, unless signs are posted that indicate semitrailer length restrictions; (C) On interstate and STAA system NHS routes, single-piece loads may be transported on an extendable semitrailer that exceeds 53 feet, provided that no pieces will be loaded end to end and the semitrailer does not exceed 75 feet in length; on roads other than the interstate and STAA system NHS routes, the foregoing provisions of this subparagraph shall also apply, except that the overall length shall not exceed 100 feet. Empty extendable semitrailers or extendable semitrailers transporting a single-piece load of 53 feet or less shall be required to maintain a semitrailer length of 53 feet or less. When the semitrailer is extended as described in this subparagraph, the rear extremity of each extendable semitrailer or load shall be marked with a four-inch multidirectional amber strobe light and with 12 18 inch bright red or orange warning flags on the rearmost of the load or semitrailer; (D) Maxi-cube combinations shall have a cargo box that does not exceed 34 feet, provided that the pair of cargo boxes together does not exceed 60 feet and the overall length, including the power unit, does not exceed 65 feet; and (E) Trailer and semitrailer length requirements in this paragraph shall not apply to automobile and boat transporters; however, no unit of the vehicle shall exceed 56 feet in length; and (2) Overall truck tractor-semitrailer or truck tractor-semitrailer-trailer lengths: WEDNESDAY, MARCH 24, 2010 1627 (A) Maxi-cube combinations shall have an overall length that does not exceed 65 feet; (B) Saddlemount and saddlemount with fullmount combinations shall have an overall length that does not exceed 75 97 feet; and (C) All other combinations of truck tractor-semitrailer or truck tractor-semitrailertrailer operated on roads other than interstate or the STAA system of roads NHS shall have an overall length that does not exceed 100 feet, unless signs are posted that indicate length restrictions. This maximum length shall include the federal allowance for automobile and boat transporter loads to overhang up to three feet over the front of the vehicle and overhang up to four feet over the rear of the vehicle." SECTION 2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 32-627, relating to enforcement of load limitations on vehicles, as follows: "(a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule: (1) Five cents per pound for all excess weight over the allowed weight limitations, including any applicable variances; or (2) For the following vehicles, damages for excess weight shall be assessed at 125 percent times the rate imposed on offending vehicles operating without a permit: (A) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit; and (B) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28 as a superload permit or superload plus permit, the term 'excess weight' means: (i) Any single axle weight which exceeds any single axle weight allowed by such permit; and (ii) All weight greater than 150,000 pounds when the gross weight of the vehicle and load exceeds the gross weight allowed by such permit or when any axle spacing is less than that specified by such permit; or For such vehicles, damages for excess weight shall be assessed according to the following schedule: 125 percent times the rate imposed on offending vehicles operating without a permit (3) Any vehicle that utilizes idle reduction technology shall have any penalty for violating Code Section 32-6-26, except for subsections (f) and (h), calculated by reducing from the actual gross weight, single axle weight, tandem axle weight, or the allowed weight on any group of two or more axles the manufacturer's certified weight of the idle reducing technology or 400 pounds, whichever is less. The operator of the vehicle shall present written certification from the manufacturer specifying the weight 1628 JOURNAL OF THE HOUSE of the idle reducing technology and demonstrate that the idle reducing technology is fully functional at all times when so requested by any law enforcement officer or employee of the Department of Public Safety. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to: (1) The excess weight of the gross load; and (2) The sum of the excess weight or weights of any axle or axles; provided, however, that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under paragraphs (1) and (2) of this subsection." SECTION 3. Said chapter is further amended by revising Code Section 32-6-28, relating to permits for excess weights and dimensions, as follows: "32-6-28. (a) Generally. (1)(A) The commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do not exceed a width of 11 feet and which are not moved on part of The Dwight D. Eisenhower System of Interstate and Defense Highways. However, vehicles transporting portable buildings and vehicles not exceeding 65 feet in length transporting boats on roads not a part of The Dwight D. Eisenhower System of Interstate and Defense Highways, regardless of whether the nature of such buildings or boats is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width when such load may be readily dismantled or separated. A truck tractor and low boy type trailer may, after depositing its permitted load, return to its point of origin on the authorization of its original permit. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his or her discretion, upon application in writing and good cause being shown WEDNESDAY, MARCH 24, 2010 1629 therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads for transporting not more than two modular housing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of vehicles, including the load, does not exceed the limits specified in Code Section 32-6-22 and Code Section 32-6-26. Permission to transport two modular housing units is only authorized when the modular unit transporter meets the minimum specifications contained in subparagraph (C) of this paragraph. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threatens the safety of others or threatens to damage unduly a road or any appurtenance thereto. (C) A modular unit transporter shall meet all requirements of the Federal Motor Carrier Safety Administration and all state safety requirements, rules, and regulations. The modular unit transporter shall be properly registered and have a proper, current license plate. At a minimum, the modular unit transporter shall: (i) Be constructed of 12 inch steel I beams doubled and welded together; (ii) Have all axles equipped with brakes; (iii) Have every floor joist on each modular section securely attached to the beams with lag bolts and washers, or lag bolts, washers, and cable winches; and (iv) Have an overall length not to exceed 80 feet including the hitch. (2) Permits may be issued, on application to the department, to persons, firms, or corporations without specifying license plate numbers in order that such permits which are issued on an annual basis may be interchanged from vehicle to vehicle. The department is authorized to promulgate reasonable rules and regulations which are necessary or desirable to govern the issuance of such permits, provided that such rules and regulations are not in conflict with this title or other provisions of law. (3) Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer, state trooper, or authorized agent of the department. (4) The application for any such permit shall specifically describe the type of permit applied for, as said types of permits are described in subsection (c) of this Code section. In addition, the application for a single-trip permit shall describe the points of departure and destination. (5) The commissioner or an official of the department designated by the commissioner is authorized to withhold such permit or, if such permit is issued, to establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or otherwise to limit or prescribe conditions of operation of such vehicles when necessary to ensure against undue damage to the road foundation, surfaces, or bridge structures, and to require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure. (6) For just cause, including, but not limited to, repeated and consistent past violations, the commissioner or an official of the department designated by the 1630 JOURNAL OF THE HOUSE commissioner may refuse to issue or may cancel, suspend, or revoke the permit and any permit privileges of an applicant or permittee. The specific period of time of any suspension shall be determined by the department. In addition, any time the restrictions or conditions within which a permitted vehicle must be operated are violated, the permit may be immediately declared null and void. (7) The department is authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized in this Code section. (8) The department shall issue rules to establish a driver training and certification program for drivers of vehicles escorting oversize/overweight loads. Any driver operating a vehicle escorting an oversize/overweight load shall meet the training requirements and obtain certification under the rules issued by the department pursuant to this Code section. The rules may provide for reciprocity with other states having a similar program for escort certification. Certification credentials of the driver of an escort vehicle shall be carried in the escort vehicle and be readily available for inspection by law enforcement personnel or an authorized employee of the department. The department shall implement the vehicle escort driver training and certification program on or before July 1, 2010, and the requirements for training and certification shall be enforced beginning on January 1, 2011. (9) Permit holders shall be required to meet the following minimum insurance standards: (A) For loads where the gross vehicle weight is less than or equal to 10,000 pounds: (i) For bodily injury a limit of $50,000.00 per person for injury or death as a result of any one occurrence; and (ii) For property damage a limit of $50,000.00 for damage to property of others in any one occurrence; or (B) For commercial motor carriers where the gross vehicle weight is greater than 10,000 pounds: (i) For bodily injury a minimum of $300,000.00 for each person and $1 million for multiple persons for injury or death as a result of any one occurrence; and (ii) For property damage a minimum of $1 million for damage to property of others in any one occurrence. (b) Duration and limits of permits. (1) Annual permit. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in paragraph (2) of this subsection, an annual permit shall not authorize the operation of a vehicle: (A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 100 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or WEDNESDAY, MARCH 24, 2010 1631 (E) Whose height exceeds 14 feet and six inches. Furthermore, an annual permit to operate a vehicle which exceeds the height limitations set forth in Code Section 32-6-22 shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the department, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic signals, signs, or other highway structures damaged by a vehicle operating under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators. (2) STAA annual Annual permit plus. Vehicles and loads that meet the requirements for an annual permit may apply for a special annual permit to carry wider loads on the STAA system of roads NHS. The wider load limits shall be a maximum of 14 feet wide from the base of the load to a point 10 feet above the pavement and 14 feet and eight inches for the upper portion of the load. (2.1) Six-month permit. Six-month permits may be issued for loads of tobacco or unginned cotton the widths of which do not exceed nine feet, provided that such loads shall not be operated on The Dwight D. Eisenhower System of Interstate and Defense Highways. (3) Single trip. Pursuant to this Code section, the commissioner may issue a singletrip permit to any vehicle or load allowed by federal law. (c) Fees. The department may promulgate rules and regulations concerning the issuance of permits and charge a fee for the issuance thereof as follows: (1) Annual. Charges for the issuance of annual permits shall be $150.00 per permit. (2) STAA annual Annual permit plus. Charges for the issuance of STAA annual permits plus shall be $500.00 per permit. (3) Six months. The charges for the issuance of six-month permits for loads of tobacco or unginned cotton shall be $25.00 per permit. (4) Single trip. Charges for the issuance of single-trip permits shall be as follows: (A) Any load not greater than 16 feet wide, not greater than 16 feet high, and not weighing more than 150,000 pounds or any load greater than 100 feet long which does not exceed the maximum width, height, and weight limits specified by this subparagraph............................................................... $ 30.00 (B) Superload permit Any load having a width, height, or weight exceeding the maximum limit therefor specified in subparagraph (A) of this paragraph and not weighing more than 180,000 pounds ................................ 125.00 (C) Superload plus permit Any load having a weight exceeding the maximum limit therefor specified in subparagraph (B) of this paragraph....... 500.00 (d) Notwithstanding any provision of Code Section 48-2-17 to the contrary, all fees collected in accordance with this Code section shall be paid to the treasurer of the department to help defray the expenses of enforcing the limitations set forth in this article and may also be used for public road maintenance purposes in addition to any sums appropriated therefor to the department." 1632 JOURNAL OF THE HOUSE SECTION 4. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-1-1, relating to definitions regarding motor vehicles and traffic, by adding a new paragraph to read as follows: "(42.1) 'Pedestrian hybrid beacon' means a special type of hybrid beacon used to warn and control traffic at locations without a traffic-control signal to assist pedestrians in crossing a street or highway at a marked crosswalk." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, as follows: "(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on such driver's right or left. When two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection. Drivers shall not be required to stop if the traffic signal is properly signed as a pedestrian hybrid beacon and operating in the unactivated dark mode. When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication." SECTION 6. Said title is further amended by revising Code Section 40-14-9, relating to when evidence obtained using speed detection devices is inadmissible, as follows: "40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place, except that this 30 day limitation shall not apply to a speeding violation within a highway work zone, as defined in Code Section 40-6-188, or in an area with variable speed limits, as defined in Code Section 40-6-182. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent." WEDNESDAY, MARCH 24, 2010 1633 SECTION 7. This Act shall become effective on July 1, 2010. 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 Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Gordon 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 E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 E Marin Y 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 Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 164, nays 1. 1634 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed, by substitute. Due to a mechanical malfunction, the vote of Representative Meadows of the 5th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. House of Representatives Atlanta, Georgia 30334 This version of HB 1174 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 1174. /s/ Bobby Franklin Representative, District 43 HB 1345. By Representatives Jacobs of the 80th, Levitas of the 82nd, Wilkinson of the 52nd, Willard of the 49th, Henson of the 87th and others: A BILL to be entitled an Act to provide for a short title, to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide for exceptions; 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 provide for a short title; to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to repeal provisions relating to kosher foods; 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 kosher food; to provide for definitions; to provide for a kosher food disclosure statement; to provide WEDNESDAY, MARCH 24, 2010 1635 for exceptions; to change provisions related to the authority of the administrator to issue cease and desist orders or impose civil penalties; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Georgia Kosher Food Consumer Protection Act." SECTION 2. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking in its entirety Article 11, relating to kosher foods, and designating said article as "Reserved." 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, by adding new paragraphs to read as follows: "(14.1) 'Food' means articles used for food or drink for human consumption, chewing gum, and articles used for components of any such article." "(16.1) 'Kosher food disclosure statement' means a statement which: (A) Discloses to consumers practices relating to the preparation, handling, and sale of any unpackaged food, or food packaged at the premises where it is sold to consumers, if the food is represented to be kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision; and (B) Complies with the provisions of subsections (c) through (e) of Code Section 101-393.11." "(24.1) 'Presealed kosher food package' means a food package which bears a kosher symbol insignia and is sealed by the manufacturer, processor, or wholesaler at premises other than the premises where the food is to be sold to the public." "(27.1) 'Representation regarding kosher food' means any direct or indirect statement, whether oral or written, including but not limited to an advertisement, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision." SECTION 4. Said part is further amended by adding a new Code section to read as follows: 1636 JOURNAL OF THE HOUSE "10-1-393.11. (a) No person shall through an advertisement, sign, menu, or other written means make a representation regarding kosher food, nor through an advertisement, sign, menu, or other written means describe any place of business as being kosher, kosher for Passover, or under rabbinical or other kosher supervision, unless such advertisement, sign, menu, or written communication clearly and conspicuously, in type no smaller than the smallest type contained in such advertisement, sign, menu, or written communication, identifies the name of the rabbi, agency, or other person who supervises or otherwise certifies the food or place of business as kosher or kosher for Passover. (b) A person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold, in a location readily visible to the consumer, a completed kosher food disclosure statement which shall be updated within 14 days of any changes in the information required by subsections (c) through (e) of this Code section. (c) A kosher food disclosure statement shall set forth the name and address of the establishment to which it applies and the date on which it was completed. (d) A kosher food disclosure statement shall state in the affirmative or negative whether the person: (1) Operates under rabbinical or other kosher supervision; (2) Sells or serves only food represented as kosher; (3) Sells or serves food represented as kosher, as well as food not represented as kosher; (4) Sells or serves meat, dairy, and pareve food; (5) Sells or serves only meat and pareve food; (6) Sells or serves only dairy and pareve food; (7) Sells or serves meat and poultry represented as kosher only if it is slaughtered under rabbinical or other kosher supervision and identified at the slaughterhouse to be sold as kosher; (8) Represents kosher meat sold as 'Glatt kosher' or 'Glatt'; (9) Sells or serves seafood only if it has or had fins and removable scales; (10) Keeps separate meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; (11) Uses separate utensils for meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; (12) Uses separate work areas for meat and poultry represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher; (13) Sells or serves wine represented as kosher only if it has rabbinical supervision; (14) Sells or serves cheese represented as kosher only if it has rabbinical supervision; (15) Sells or serves food represented as kosher for Passover; (16) Uses separate utensils for food represented as kosher for Passover and food not represented as kosher for Passover; WEDNESDAY, MARCH 24, 2010 1637 (17) Uses separate work areas for food represented as kosher for Passover and food not represented as kosher for Passover; (18) Keeps food represented as kosher for Passover free from and not in contact with food not represented as kosher for Passover; and (19) Prepares food represented as kosher for Passover under rabbinical or other kosher supervision. (e) A person who represents to the public that any unpackaged food for sale or a place of business is under rabbinical or other kosher supervision shall also provide in the kosher food disclosure statement the following information about the rabbinical or other kosher supervision: (1) The name of the supervising rabbi, agency, or other person; (2) The address of the supervising rabbi, agency, or other person; (3) The telephone number of the supervising rabbi, agency, or other person; (4) The frequency with which the supervising rabbi, agency, or other person visits the establishment; and (5) Any relevant affiliations of the supervising rabbi, agency, or other person that the person making the disclosure wishes to disclose. (f) The administrator shall promulgate a form for the kosher food disclosure statement and any additional information that the administrator deems reasonable and necessary for full and complete disclosure. The completion and prominent and conspicuous display of such form shall constitute compliance with subsections (c) through (e) of this Code section. (g) No person shall display a kosher food disclosure statement or other written document stating that a rabbi, agency, or other person certifies food or a place of business as kosher or kosher for Passover if no such certification has been provided. The person making the display shall remove the statement or document if the rabbi, agency, or other person sends a notice via certified mail or statutory overnight delivery directed to the person making the display that no such certification is being provided. (h) It shall be unlawful for any person to: (1) Fail to complete and prominently and conspicuously display a kosher food disclosure statement as required by this Code section; (2) Otherwise fail to comply with this Code section; or (3) Knowingly or intentionally, with intent to defraud, make a false affirmation or disclosure in a kosher food disclosure statement. (i) This Code section shall not apply to: (1) Food sold in a presealed kosher food package; or (2) Food represented as 'kosher-style' or 'kosher-type.'" SECTION 5. Said part is further amended by revising subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or impose civil penalties, as follows: 1638 JOURNAL OF THE HOUSE "(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, 10-1393.1, 10-1-393.2, 10-1-393.3, 10-1-393.4, 10-1-393.5, or 10-1-393.6 this part or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she may: (1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed, take any or all of the following actions: (A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Without regard as to whether the administrator has issued any orders under this Code section, upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief: (A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable." SECTION 6. This Act shall become effective on July 1, 2010; provided, however, that Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law with out 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: Y Abdul-Salaam Y Abrams Y Allison Y Crawford Y Davis Y Dawkins-Haigler Y Hembree Y Henson Y Hill, C E Marin Y Martin Y Maxwell Y Scott, M Y Sellier Y Setzler WEDNESDAY, MARCH 24, 2010 1639 Y Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper E Cox Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall 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 Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 May 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Baker of the 78th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 1133. By Representatives Lunsford of the 110th and Levitas of the 82nd: A BILL to be entitled an Act to amend Article 4 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to pretrial intervention and diversion programs, so as to increase the fees for the administration of the 1640 JOURNAL OF THE HOUSE program; to provide for prosecuting attorneys to delegate supervision of persons in such programs to a probation department; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for the collection of supervision fees for pretrial intervention and diversion program supervision; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure for pretrial intervention and diversion programs, so as to increase the fees for the administration of the program; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure for pretrial intervention and diversion programs, is amended by revising subsection (f) as follows: "(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 $1,000.00 for the administration of the program. Such fee may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be made payable to the general fund of the political subdivision in which the case is being prosecuted." 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 Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Hembree Y Henson Hill, C Y Hill, C.A Y Holt N Horne E Marin Y Martin Y Maxwell May Y Mayo McCall N Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Sims, B WEDNESDAY, MARCH 24, 2010 1641 Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M N Hatfield Y Heard E Heckstall Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Kidd 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 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 Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sims, C Y Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 145, nays 15. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hill of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. Due to a mechanical malfunction, the vote of Representative Walker of the 107th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon. The Speaker assumed the Chair. HB 980. By Representative Lane of the 167th: A BILL to be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to modify provisions relating to local 1642 JOURNAL OF THE HOUSE school board members engaging in the bail bond business; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner E 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 Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed. HB 1059. By Representatives Nix of the 69th, Harbin of the 118th, Stephens of the 164th, Mosby of the 90th, England of the 108th and others: WEDNESDAY, MARCH 24, 2010 1643 A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to declaration of policy and legislative intent relative to solid waste management; to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to change certain provisions relating to yard trimmings disposal restrictions; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL Code Section 12-8-24, of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, so as to change certain provisions relating to such permits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-8-24, of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, is amended by revising paragraph (1) of subsection (e) as follows: "(e)(1)(A) As used in this paragraph, the term 'recovered materials processing facility' shall, in addition to the meaning of paragraph (26) of Code Section 12-8-22, include processing operations for materials consisting of concrete, asphalt, cardboard, or yard trimmings or similar wood wastes diverted from the waste stream for the recycling or other beneficial reuse of such materials. (B) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions or any order of the director or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. (C)(i) The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. (ii) All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities, except a facility operated by a utility regulated by the Public Service Commission, shall be classified as major permit modifications and shall not be granted by the director sooner than three years from the date any such facility commenced operation; provided, however, that a permit may be 1644 JOURNAL OF THE HOUSE modified by the director to allow a vertical or horizontal expansion one time within three years from the date the facility commenced operation so long as the capacity of the facility is not increased more than 10 percent. (iii) All modifications of permits for existing municipal solid waste disposal facilities for the addition at such facility of a recovered materials processing facility shall be classified as minor permit modifications, provided the location of such facility complies with the same buffer requirements applicable to the disposal facility. Such materials shall be reported at the disposal facility separately from waste materials destined for disposal. Operators of such disposal facilities may report to the Department of Community Affairs on an annual basis the total amounts of such materials diverted from landfill disposal. (iv) The disposal facility permit holder shall provide written notification to the chief elected official of the jurisdiction in which the facility is located at least 30 days prior to starting any recycling operation for materials consisting of concrete, asphalt, or yard trimmings or similar wood waste to be diverted from the waste stream for recycling or other beneficial use. This notification shall include an indication of whether or not the ten-year demonstrated capacity of the landfill will be reduced. The permit holder shall comply with all applicable local zoning ordinances. If necessary to satisfy local solid waste planning and reporting requirements, disposal facility operators may be required by the county, municipality, or solid waste management authority for the jurisdiction in which the disposal facility is located to report the total amounts of such materials diverted from landfill disposal." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Buckner of the 130th et al. move to amend the House Committee on Agriculture and Consumer Affairs substitute to HB 1059 (LC 21 0833S) by striking lines 36 and 37 and inserting in lieu thereof the following: destined for disposal. Operators of such disposal facilities shall report to the Department of Community Affairs and the Environmental Protection Division on an annual basis the total amounts of such On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Abrams E Allison N Amerson Y Crawford N Davis Y Dawkins-Haigler Y Day N Hembree Y Henson N Hill, C N Hill, C.A E Marin E Martin N Maxwell N May N Scott, M N Sellier N Setzler Y Shaw WEDNESDAY, MARCH 24, 2010 1645 N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Bell Y Benfield N Benton N Black Y Brooks Y Bruce Bryant Y Buckner E Burkhalter Y Burns N Butler N Byrd N Carter N Casas Y Chambers N Channell N Cheokas E Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper E Cox N Dempsey N Dickson Y Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes Ehrhart N England N Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton Y Golick Y Gordon Y Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M Y Hatfield Y Heard E Heckstall N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Kidd Y Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey Long N Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Y Mangham Manning Y Mayo McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall Y Reece N Reese Rice N Roberts Y Rogers N Rynders N Scott, A N Sheldon N Sims, B Y Sims, C Sinkfield N Smith, B Y Smith, E N Smith, K Y Smith, L N Smith, R Y Smith, T N Smyre Y Stephens, M N Stephens, R Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Ralston, Speaker On the adoption of the amendment, the ayes were 68, nays 90. The amendment was lost. The following amendment was read: Representative Thomas of the 100th moves to amend the House Committee on Agriculture and Consumer Affairs substitute to HB 1059 (LC 21 0833S) by striking line 14 and inserting in lieu thereof the following: trimmings or similar wood wastes, source separated and diverted from the waste stream, for the recycling or On the adoption of the amendment, the roll call was ordered and the vote was as follows: N Abdul-Salaam Abrams Y Crawford N Davis N Hembree Y Henson E Marin E Martin N Scott, M N Sellier 1646 JOURNAL OF THE HOUSE E Allison N Amerson N Anderson Y Ashe N Austin Baker Barnard N Battles N Bearden Y Beasley-Teague Y Bell Y Benfield N Benton N Black Y Brooks Y Bruce N Bryant Y Buckner E Burkhalter N Burns N Butler N Byrd N Carter N Casas N Chambers N Channell N Cheokas E Coan N Cole N Coleman N Collins, D Collins, T N Cooper E Cox Y Dawkins-Haigler Y Day N Dempsey N Dickson Y Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes Ehrhart N England N Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin N Frazier Y Fullerton Y Gardner N Geisinger N Glanton Y Golick Y Gordon Y Greene N Hamilton N Hanner N Harbin N Harden, B Y Harden, M Y Hatfield Y Heard E Heckstall N Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard N Hudson Y Hugley N Jackson Y Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S N Jordan Y Kaiser N Keen N Keown Y Kidd N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey Long N Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Y Mangham N Manning N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J Y Pruett N Purcell N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A N Setzler N Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield N Smith, B Y Smith, E N Smith, K Y Smith, L N Smith, R N Smith, T N Smyre N Stephens, M N Stephens, R Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R Y Wix N Yates Ralston, Speaker On the adoption of the amendment, the ayes were 55, nays 105. The amendment was lost. Representative Hudson of the 124th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon. The following amendment was read and ruled out of order: Representative Thomas of the 100th moves to amend the Committee substitute to HB 1059 as follows: Line 14. Delete "diverted" Line 14. Insert "source separated" after "wastes" WEDNESDAY, MARCH 24, 2010 1647 Line 36. Strike "may" Line 36. Insert "shall" after "facilities" Line 37. Strike "Department of Community Affairs" Line 37. Insert "director" before "on". 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 Abrams E Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell N Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper E Cox N Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar N 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 Gordon Y Greene Y Hamilton Y 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 Y Houston Y Howard N Hudson Y Hugley N Jackson N Jacobs E James N Jerguson Johnson Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Manning E Marin E Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell 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 Sims, B Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker 1648 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 138, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Smith of the 129th 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 moved, Pursuant to Rule 146.5, that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate 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 motion prevailed. The Speaker appointed as a second Committee of Conference on the part of the House the following members: Representatives Roberts of the 154th, Keen of the 179th, and Sheldon of the 105th. Representative Roberts of the 154th moved, pursuant to Rule 146.5, that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate 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: WEDNESDAY, MARCH 24, 2010 1649 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 motion prevailed. The Speaker appointed as a second Committee of Conference on the part of the House the following members: Representatives Roberts of the 154th, Keen of the 179th, and Sheldon of the 105th. Representative Parsons of the 42nd 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 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Representative Willard of the 49th moved that the following Bill be taken from the table: HB 1328. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to upwardly adjust certain fees to account for inflation and repeal certain fees assessed by the sheriff and the superior, probate, and magistrate courts; to amend Code Section 14-10-4 and 1650 JOURNAL OF THE HOUSE Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to formation of professional associations and rural telephone cooperatives, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. The motion prevailed. Representative Willard of the 49th moved that the following Bill of the House be withdrawn from the Rules Calendar and recommitted to the General Calendar: HB 1328. By Representatives Lane of the 167th and Willard of the 49th: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to upwardly adjust certain fees to account for inflation and repeal certain fees assessed by the sheriff and the superior, probate, and magistrate courts; to amend Code Section 14-10-4 and Part 3 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to formation of professional associations and rural telephone cooperatives, respectively, so as to correct cross-references; to provide for related matters; 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 and Resolution of the House were taken up for consideration and read the third time: HB 1030. By Representatives Cole of the 125th, Barnard of the 166th, Ramsey of the 72nd, Pruett of the 144th and Neal of the 1st: A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated, so as to establish a community supervision division of the Department of Corrections which will be responsible for supervising probationers, parolees, and persons conditionally released; to provide for a director of the division; to reassign various functions from the State Board of Pardons and Paroles to the new division; to enlarge the Board of Corrections to include the chairman of the State Board of Pardons and Paroles; to change provisions in the "State-wide Probation Act" and provisions regarding the State Board of Pardons and Paroles; to provide for conformity; to amend the O.C.G.A. for purposes of conformity and to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 24, 2010 1651 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 a state supervision division of the Department of Corrections which will be responsible for supervising probationers, parolees, and persons conditionally released; to provide for a director of the division; to reassign various functions from the State Board of Pardons and Paroles to the new division; to provide for transition to the new division; to reorganize probation officers and parole officers into state supervision officers; to provide for definitions; to enlarge the Board of Corrections to include the chairman of the State Board of Pardons and Paroles; to change provisions in the "State-wide Probation Act" and provisions regarding the State Board of Pardons and Paroles; to provide for conformity; to amend the Official Code of Georgia Annotated for purposes of conformity and to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I STATE SUPERVISION SECTION 1-1. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new chapter to read as follows: "CHAPTER 9A ARTICLE 1 42-9A-1. As used in this chapter, the term: (1) 'Board' means the State Board of Pardons and Paroles. (2) 'Department' means the Department of Corrections. (3) 'Director' means the director of state supervision. (4) 'Division' means the Division of State Supervision of the department. (5) 'State supervision officer' or 'officer' means an individual who supervises persons serving probated sentences under the department or persons released on parole or conditional release by the board or who provides both types of supervision. 42-9A-2. (a) There is created the position of director of state supervision. The director shall be nominated and removed by the Governor, provided that such nomination and removal 1652 JOURNAL OF THE HOUSE are ratified by the Board of Corrections. The director shall be a deputy commissioner in the department and shall report to the commissioner. (b) The director shall be the chief administrative officer of the division and, subject to policies set by the department, shall supervise, direct, account for, organize, plan, administer, and execute the duties vested with the division in this chapter and Chapters 8 and 9 of this title. (c) It shall be the duty of the Board of Corrections to promulgate rules and regulations necessary to effectuate the purposes of this chapter. 42-9A-3. (a) It shall be the duty of the director to supervise and direct the work of state supervision officers. The department shall keep accurate files and records on all probation, parole, and conditional release cases and persons on probation, parole, and conditional release. (b) All reports, files, records, and papers of whatever kind relative to the state-wide probation system and persons released on parole or conditional release are declared to be confidential. (c) Probation records shall be available only to probation system officials and to the judge handling a probation case and shall not be available to any other person, institution, or agency without the express written consent of the probation or parole unit which originated or accumulated such documents. Such records shall not be subject to process of subpoena. However, the commissioner of the department may by written order declassify any such records. (d) Parole supervision records shall be available only to the officials handling a parole case and shall not be available to any other person, institution, or agency without the express written consent of the board. Such records shall not be subject to process of subpoena. However, the board may by written order declassify any such records. The board's clemency records shall be subject to Code Section 42-9-53 and shall not be governed by the provisions of this Code section. 42-9A-4. (a) The department shall employ state supervision officers and their compensation shall be set by the State Personnel Board and the State Personnel Administration. State supervision officers shall be allowed travel and other expenses as are other state employees. (b)(1) Except as provided in subsections (c) and (d) of this Code section, no state supervision officer, during his or her employment as such, shall engage in any other business or profession or hold any other public office which business, profession, or office conflicts with his or her official duties as a state supervision officer; nor shall he or she serve as a representative of any political party or any executive committee or other governing body thereof or as an executive officer or employee of any political committee, organization, or association; nor shall he or she be engaged on the behalf of any candidate for public office in the solicitation of votes or otherwise WEDNESDAY, MARCH 24, 2010 1653 become a candidate for public office, without resigning from the division or from employment by the division. (2) No state supervision officer shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (3) No state supervision officer shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit any state supervision officer from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any state supervision officer violating this paragraph shall be guilty of a misdemeanor. (c) Except as provided by subsection (d) of this Code section, a state supervision officer shall not be required to resign from employment by the division if he or she becomes a candidate for a public office of a county, school district, or municipality which does not require full-time service or accepts appointment to such an office. (d) A state supervision officer shall be required to resign from employment by the division if he or she becomes a candidate for the General Assembly or becomes a candidate for or accepts appointment to a public office which requires full-time service. 42-9A-5. (a) In order for a person to be a state supervision officer, he or she shall be at least 21 years of age at the time of appointment and have completed a standard two-year college course. The qualifications provided in this Code section shall be the minimum qualifications and the department is authorized to prescribe such additional and higher educational qualifications from time to time as it deems desirable, but not to exceed a four-year standard college course. (b) Each state supervision officer shall give bond in such amount as may be fixed by the department payable to the department for the use of the person or persons damaged by his or her misfeasance or malfeasance and conditioned on the faithful performance of his or her duties. The cost of the bond shall be paid by the department; provided, however, that the bond may be procured, either by the department or by the Department of Administrative Services, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond; and in such case each individual shall be fully bonded and bound as principal, together with the surety, by virtue of his or her holding the position or performing the duties of state supervision officer in the circuit or circuits, and his or her individual signature shall not be necessary for such bond to be valid in accordance with all the laws of this state. The bond or bonds shall be made payable to the department. 1654 JOURNAL OF THE HOUSE 42-9A-6. (a) A state supervision officer leaving the service of the division under honorable conditions who has accumulated 20 or more years of service with the division or its predecessor department or agency, as applicable, as a state supervision officer shall be entitled as part of such employee's compensation to retain his or her division issued badge. A state supervision officer employed with the division who is killed in the line of duty shall be entitled to have his or her division issued badge given to a surviving family member. Where a state supervision officer leaves the service of the division due to a disability that arose in the line of duty and such disability prevents the state supervision officer from further serving as a peace officer, then such disabled state supervision officer shall be entitled to retain his or her division issued badge regardless of the state supervision officer's number of years of service with the division or its predecessor department or agency, as applicable. The department shall be authorized to promulgate rules and regulations for the implementation of this Code section. (b) Any certified parole officer who was entitled to keep his or her badge under the former provisions of subsection (b) of Code Section 42-9-9 shall be entitled to keep his or her badge if he or she meets the requirements of such former Code section and was employed by the board on June 30, 2010. 42-9A-7. (a) No state supervision officer shall collect or disburse any funds whatsoever, except by written order of the court or the board. It shall be the duty of such state supervision officer to transmit a copy of such order to the department not later than 15 days after it has been issued by the court or the board. No state supervision officer shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding or as ordered by the board. Every state supervision officer who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by the department, which records shall be subject to inspection by the department or the board at any time. In every instance where a bank account is required, it shall be kept in the name of the 'State Probation Office' or 'State Parole Office,' as applicable. (b) State supervision officers shall aid parolees and probationers in securing employment. 42-9A-8. (a) The department shall make periodic audits of each state supervision officer who, by virtue of his or her duties, has any moneys, fines, court costs, property, or other funds coming into his or her control or possession or being disbursed by him or her. The department shall keep a permanent record of the audit of each state supervision officer's accounts on file. It shall be the duty of the employee of the department conducting the audit to notify the department and the board in writing of any discrepancy of an illegal nature that might result in prosecution. The department shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, WEDNESDAY, MARCH 24, 2010 1655 without notifying the state supervision officer, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by the department, in the same manner and for the same purposes as provided under Code Section 42-9A-5 for the bonds of state supervision officers. The bond shall bind the employee and his or her surety in the performance of the employee's duties. (b) Any overpayment of fines, restitutions, or other moneys owed as a condition of probation or parole shall not be refunded to the payor if the amount of such overpayment is less than $5.00. 42-9A-9. (a) On July 1, 2010, the department shall receive custody of the state owned real property in the custody of the board on June 30, 2010, which pertains to the functions transferred to the department relative to parole supervision. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2010, by the board which relate to the supervisory functions transferred to the department shall continue to exist; and none of these rights, privileges, entitlements, and duties is impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the department shall be substituted for the board, and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the board in capacities which relate to the supervisory functions transferred to the department on June 30, 2010, shall, on July 1, 2010, become employees of the department in similar capacities, as determined by the commissioner of the department. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2010, but the compensation and benefits of such transferred employees shall not be reduced solely as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the department shall retain all existing rights under the State Personnel Administration. Accrued leave possessed by such employees on June 30, 2010, shall be retained by such employees as employees of the department. 42-9A-10. (a) Any provisions of law to the contrary notwithstanding, any person employed by the department as a probation officer on June 30, 2010, shall continue in such position but shall be administratively assigned to the division to serve as a state supervision officer; provided, however, that on July 1, 2012, such person shall become permanently employed by the division as a state supervision officer. (b) Any provisions of law to the contrary notwithstanding, any person employed by the State Board of Pardons and Paroles as a parole officer on June 30, 2010, shall continue in such position but shall be administratively assigned to the division to serve as a state 1656 JOURNAL OF THE HOUSE supervision officer; provided, however, that on July 1, 2012, such person shall become permanently employed by the division as a state supervision officer. (c) This Code section shall be automatically repealed on July 1, 2010, if an Act becomes law on such date amending Title 47 so as to preserve the specific retirement benefits allowed for probation officers and parole officers. ARTICLE 2 42-9A-20. For purposes of probation supervision, the department may assign one state supervision officer to each judicial circuit in this state or, for purposes of assignment, may consolidate two or more judicial circuits and assign one state supervision officer thereto. In the event the department determines that more than one state supervision officer is needed for a particular circuit, additional state supervision officers may be assigned to the circuit. The department shall be authorized to direct any state supervision officer to assist any other state supervision officer wherever assigned. In the event that more than one state supervision officer is assigned to the same office or to the same court division within a particular judicial circuit, the department shall designate one of the state supervision officers to be the chief state supervision officer. State supervision officers shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation in each circuit. State supervision officers shall supervise and counsel probationers in the judicial circuit to which they are assigned. Each state supervision officer shall perform the duties prescribed in this chapter and such duties as are prescribed by the department and shall keep such records and files and make such reports as are required of him or her. 42-9A-21. With respect to probation cases, it shall be the duty of a state supervision officer to investigate all cases referred to him or her by the court and to make findings and report thereon in writing to the court with his or her recommendation. The superior court may require, before imposition of sentence, a presentence investigation and written report in each felony case in which the accused has entered a plea of guilty or nolo contendere or has been convicted. The state supervision officer shall cause to be delivered to each probationer under his or her supervision a certified copy of the terms of probation and any change or modification thereof and shall cause such probationer to be instructed regarding the same. The state supervision officer shall keep informed concerning the conduct, habits, associates, employment, recreation, and whereabouts of the probationer by visits, by requiring reports, or in other ways. The state supervision officer shall make such reports in writing or otherwise as the court may require. The state supervision officer shall use all practicable and proper methods to aid and encourage probationers and to bring about improvements in their conduct and condition. The state supervision officer shall keep records on each probationer referred to him or her. WEDNESDAY, MARCH 24, 2010 1657 42-9A-22. (a) When a convicted person is committed to an institution under the jurisdiction of the department, any presentence investigation or psychological evaluation compiled by a state supervision officer shall be forwarded to any office designated by the commissioner. Accompanying this document or evaluation will be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the department pursuant to Code Section 42-5-50. A copy of these same documents shall be made available to the board. A copy of one or more of these documents, based on need, may be forwarded to another institution to which the convicted person may be committed. (b) The prison or institution receiving the documents referenced in subsection (a) of this Code section shall maintain the confidentiality of the documents and the information contained therein and shall not send them or release them or reveal them to any other person, institution, or agency without the express consent of the probation unit which originated or accumulated the documents. 42-9A-23. In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Code Section 42-8100, the provisions of this chapter relating to probation supervision services shall not apply to defendants sentenced in any such court. 42-9A-24. The department may provide office space and clerical help for the division wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed. ARTICLE 3 42-9A-30. (a) For purposes of parole supervision, state supervision officers shall have the function and responsibility of supervising all parolees or conditional releasees by the board. State supervision officers shall have the responsibility of notifying the board of any alleged violation of the conditions of parole or conditional release and making such investigations as may be necessary with reference to such violations. Any state supervision officer, when he or she has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his or her parole or conditional release in a material respect, shall notify the board or some member thereof; and proceedings shall thereupon be had as provided in Code Sections 42-9-48, 42-9-50, and 42-9-51. 1658 JOURNAL OF THE HOUSE (b) State supervision officers shall be assigned among the respective judicial circuits based generally on the relative number of persons on parole in each circuit. (c) The amount of the monthly parole supervision fee that the board may require the payment of as a condition of parole or conditional release shall be set by rule of the board and shall be uniform state wide. Such fees shall be collected by the state supervision officers to be paid into the general fund of the state treasury. 42-9A-31. The department shall be authorized to maintain and operate or to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or any other entities for transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or conditional releasees from imprisonment by order of the board." PART II BOARD OF CORRECTIONS SECTION 2-1. Said Title 42 is further amended by revising subsection (a) of Code Section 42-2-2, relating to members of the Board of Corrections, as follows: "(a) On and after July 1, 1983, the The board shall consist of one member from each congressional district in the state, the chairman of the State Board of Pardons and Paroles, and five additional members from the state at large. All members, except the chairman of the State Board of Pardons and Paroles, shall be appointed by the Governor, subject to confirmation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1984; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1987; and two members representative of congressional districts and one atlarge member shall be appointed for a term ending July 1, 1988. Thereafter, all All members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. The chairman of the State Board of Pardons and Paroles shall serve on the board during his or her year as chairman of the State Board of Pardons and such post on the board shall rotate as the chairman rotates serving as chairman, but such post shall always be actively filled by the chairman of the State Board of Pardons and Paroles." WEDNESDAY, MARCH 24, 2010 1659 PART III "STATE-WIDE PROBATION ACT" SECTION 3-1. Said Title 42 is further amended by revising Article 2 of Chapter 8, relating to creating the state-wide probation system, as follows: "ARTICLE 2 42-8-20. This article shall be known and may be cited as the 'State-wide Probation Act.' 42-8-21. As used in this article, the term: (1) 'Board' means the Board of Corrections. (2) 'Commissioner' means the commissioner of corrections. (3) 'Department' means the Department of Corrections. 42-8-22. There is created a state-wide probation system for felony offenders to be administered by the Division of State Supervision of the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the statewide probation system. 42-8-23. The Division of State Supervision of the department shall administer the supervision of felony probationers. Nothing in this Code section shall alter the relationship between judges and probation supervisors state supervision officers prescribed in this article. 42-8-24. It shall be the duty of the department to supervise and direct the work of the probation supervisors provided for in Code Section 42-8-25 and to keep accurate files and records on all probation cases and persons on probation. It shall be the duty of the board to promulgate rules and regulations necessary to effectuate the purposes of this chapter Reserved. 42-8-25. The department shall employ probation supervisors. The department may assign one supervisor to each judicial circuit in this state or, for purposes of assignment, may consolidate two or more judicial circuits and assign one supervisor thereto. In the event the department determines that more than one supervisor is needed for a particular circuit, an additional supervisor or additional supervisors may be assigned to the circuit. 1660 JOURNAL OF THE HOUSE The department is authorized to direct any probation supervisor to assist any other probation supervisor wherever assigned. In the event that more than one supervisor is assigned to the same office or to the same division within a particular judicial circuit, the department shall designate one of the supervisors to be in charge Reserved. 42-8-26. (a) In order for a person to hold the office of probation supervisor, he must be at least 21 years of age at the time of appointment and must have completed a standard twoyear college course, provided that any person who is employed as a probation supervisor on or before July 1, 1972, shall not be required to meet the educational requirements specified in this Code section, nor shall he be prejudiced in any way for not possessing the requirements. The qualifications provided in this Code section are the minimum qualifications and the department is authorized to prescribe such additional and higher educational qualifications from time to time as it deems desirable, but not to exceed a four-year standard college course. (b) The compensation of the probation supervisors shall be set by the State Personnel Board and the State Personnel Administration. Probation supervisors shall also be allowed travel and other expenses as are other state employees. (c)(1) No supervisor shall engage in any other employment, business, or activities which interfere or conflict with his or her duties and responsibilities as probation supervisor. (2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services. (3) No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit any supervisor from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any supervisor violating this paragraph shall be guilty of a misdemeanor. (d) Each probation supervisor shall give bond in such amount as may be fixed by the department payable to the department for the use of the person or persons damaged by his misfeasance or malfeasance and conditioned on the faithful performance of his duties. The cost of the bond shall be paid by the department; provided, however, that the bond may be procured, either by the department or by the Department of Administrative Services, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond; and in such case each individual shall be fully bonded and bound as principal, together with the surety, by virtue of his holding the position or performing the duties of probation supervisor in the circuit or circuits, and his individual signature shall not be necessary for such bond to be valid in accordance with all the laws of this state. The bond or bonds shall be made payable to the department Reserved. WEDNESDAY, MARCH 24, 2010 1661 42-8-27. The probation supervisor shall supervise and counsel probationers in the judicial circuit to which he is assigned. Each supervisor shall perform the duties prescribed in this chapter and such duties as are prescribed by the department and shall keep such records and files and make such reports as are required of him Reserved. 42-8-28. Probation supervisors shall be assigned among the respective judicial circuits based generally on the relative number of persons on probation in each circuit Reserved. 42-8-29. It shall be the duty of the probation supervisor to investigate all cases referred to him by the court and to make his findings and report thereon in writing to the court with his recommendation. The superior court may require, before imposition of sentence, a presentence investigation and written report in each felony case in which the defendant has entered a plea of guilty or nolo contendere or has been convicted. The probation supervisor shall cause to be delivered to each person placed on probation under his supervision a certified copy of the terms of probation and any change or modification thereof and shall cause the person to be instructed regarding the same. He shall keep informed concerning the conduct, habits, associates, employment, recreation, and whereabouts of the probationer by visits, by requiring reports, or in other ways. He shall make such reports in writing or otherwise as the court may require. He shall use all practicable and proper methods to aid and encourage persons on probation and to bring about improvements in their conduct and condition. He shall keep records on each probationer referred to him Reserved. 42-8-29.1. (a) When a convicted person is committed to an institution under the jurisdiction of the department, any presentence or post-sentence investigation or psychological evaluation compiled by a probation supervisor or other probation official shall be forwarded to any division or office designated by the commissioner. Accompanying this document or evaluation will be the case history form and the criminal history sheets from the Federal Bureau of Investigation or the Georgia Crime Information Center, if available, unless any such information has previously been sent to the department pursuant to Code Section 42-5-50. A copy of these same documents shall be made available for the State Board of Pardons and Paroles. A copy of one or more of these documents, based on need, may be forwarded to another institution to which the defendant may be committed. (b) The prison or institution receiving these documents shall maintain the confidentiality of the documents and the information contained therein and shall not send them or release them or reveal them to any other person, institution, or agency without the express consent of the probation unit which originated or accumulated the documents. 1662 JOURNAL OF THE HOUSE 42-8-30. In the counties where no juvenile probation system exists, juvenile offenders, upon direction of the court, shall be supervised by probation supervisors. Other than in this respect, nothing in this article shall be construed to change or modify any law relative to probation as administered by any juvenile court in this state Reserved. 42-8-30.1. In any county where the chief judge of the superior court, state court, municipal court, probate court, or magistrate court has provided for probation services for such court through agreement with a private corporation, enterprise, or agency or has established a county or municipal probation system for such court pursuant to Code Section 42-8100, the provisions of this article relating to probation supervision services shall not apply to defendants sentenced in any such court. 42-8-31. No probation supervisor shall collect or disburse any funds whatsoever, except by written order of the court; and it shall be the duty of the supervisor to transmit a copy of the order to the department not later than 15 days after it has been issued by the court. Every supervisor who collects or disburses any funds whatsoever shall faithfully keep the records of accounts as are required by the department, which records shall be subject to inspection by the department at any time. In every instance where a bank account is required, it shall be kept in the name of the 'State Probation Office.' Reserved. 42-8-32. No probation supervisor shall be directed to collect any funds other than funds directed to be paid as the result of a criminal proceeding Reserved. 42-8-33. (a) The department shall make periodic audits of each probation supervisor who, by virtue of his duties, has any moneys, fines, court costs, property, or other funds coming into his control or possession or being disbursed by him. The department shall keep a permanent record of the audit of each probation supervisor's accounts on file. It shall be the duty of the employee of the department conducting the audit to notify the department in writing of any discrepancy of an illegal nature that might result in prosecution. The department shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as it may choose, without notifying the probation supervisor, to carry out the purposes of the audit. The employee who conducts the audit shall be required to give bond in such amount as may be set by the department, in the same manner and for the same purposes as provided under Code Section 42-8-26 for the bonds of probation supervisors. The bond shall bind the employee and his surety in the performance of his duties. WEDNESDAY, MARCH 24, 2010 1663 (b) Any overpayment of fines, restitutions, or other moneys owed as a condition of probation shall not be refunded to the probationer if the amount of such overpayment is less than $5.00. 42-8-34. (a) Any court of this state which has original jurisdiction of criminal actions, except juvenile courts, municipal courts, and probate courts, in which the defendant in a criminal case has been found guilty upon verdict or plea or has been sentenced upon a plea of nolo contendere, except for an offense punishable by death or life imprisonment, may, at a time to be determined by the court, hear and determine the question of the probation of such defendant. (b) Prior to the hearing, the court may refer the case to the probation supervisor state supervision officer of the circuit in which the court is located for investigation and recommendation. The court, upon such reference, shall direct the supervisor state supervision officer to make an investigation and to report to the court, in writing at a specified time, upon the circumstances of the offense and the criminal record, social history, and present condition of the defendant, together with the supervisor's state supervision officer's recommendation; and it shall be the duty of the supervisor state supervision officer to carry out the directive of the court. (c) Subject to the provisions of subsection (a) of Code Section 17-10-1 and subsection (f) of Code Section 17-10-3, if it appears to the court upon a hearing of the matter that the defendant is not likely to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court in its discretion shall impose sentence upon the defendant but may stay and suspend the execution of the sentence or any portion thereof or may place him or her on probation under the supervision and control of the probation supervisor state supervision officer for the duration of such probation. The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant. (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 1664 JOURNAL OF THE HOUSE 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 paragraph shall only be used by the department in the maintenance and operation of the day reporting center program. (e) The court may, in its discretion, require the payment of a fine or costs, or both, as a condition precedent to probation. (f) During the interval between the conviction or plea and the hearing to determine the question of probation, the court may, in its discretion, either order the confinement of the defendant without bond or may permit his the defendant's release on bond, which bond shall be conditioned on his the defendant's appearance at the hearing and shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant. (g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of the person's probated sentence. The judge is empowered to revoke any or all of the probated sentence, rescind any or all of the sentence, or, in any manner deemed advisable by the judge, modify or change the probated sentence, including ordering the probationer into the sentencing options system, as provided in Article 9 of this chapter, at any time during the period of time prescribed for the probated sentence to run. (h) Notwithstanding any provision of this Code or any rule or regulation to the contrary, if a defendant is placed on probation in a county of a judicial circuit other than the one in which he or she resides for committing any misdemeanor offense, such defendant probationer may, when specifically ordered by the court, have his or her WEDNESDAY, MARCH 24, 2010 1665 probation supervision transferred to the judicial circuit of the county in which he the probationer resides. 42-8-34.1. (a) For the purposes of this Code section, the term 'special condition of probation or suspension of the sentence' means a condition of a probated or suspended sentence which: (1) Is expressly imposed as part of the sentence in addition to general conditions of probation and court ordered fines and fees; and (2) Is identified in writing in the sentence as a condition the violation of which authorizes the court to revoke the probation or suspension and require the defendant to serve up to the balance of the sentence in confinement. (b) A court may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. (c) At any revocation hearing, upon proof that the defendant has violated any general provision of probation or suspension other than by commission of a new felony offense, the court shall consider the use of alternatives to include community service, intensive probation, diversion centers, probation detention centers, special alternative incarceration, or any other alternative to confinement deemed appropriate by the court or as provided by the state or county. In the event the court determines that the defendant does not meet the criteria for said alternatives, the court may revoke the balance of probation or not more than two years in confinement, whichever is less. (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 constituting the violation of the probation. (e) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the violation of a special condition of probation or suspension of the sentence, the court may revoke the probation or suspension of the sentence and require the defendant to serve the balance or portion of the balance of the original sentence in confinement. (f) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation state supervision office serving said court. (g) In no event shall an offender a probationer be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same 1666 JOURNAL OF THE HOUSE transaction, whether before or after confinement, except as provided by paragraph (2) of subsection (a) of Code Section 17-10-1. 42-8-34.2. (a) In the event that a defendant probationer is delinquent in the payment of fines, costs, or restitution or reparation, as was ordered by the court as a condition of probation, the defendant's probation probationer's state supervision officer is shall be authorized, but shall not be required, to execute a sworn affidavit wherein the amount of arrearage is set out. In addition, the affidavit shall contain a succinct statement as to what efforts the department has made in trying to collect the delinquent amount. The affidavit shall then be submitted to the sentencing court for approval. Upon signature and approval of the court, said arrearage shall then be collectable through issuance of a writ of fieri facias by the clerk of the sentencing court; and the department may enforce such collection through any judicial or other process or procedure which may be used by the holder of a writ of execution arising from a civil action. (b) This Code section provides the state with remedies in addition to all other remedies provided for by law; and nothing in this Code section shall preclude the use of any other or additional remedy in any case. (c) No clerk of any court shall be authorized to require any deposit of cost or any other filing or service fee as a condition to the filing of a garnishment action or other action or proceeding authorized under this Code section. In any such action or proceeding, however, the clerk of the court in which the action is filed shall deduct and retain all proper court costs from any funds paid into the treasury of the court, prior to any other disbursement of such funds so paid into court. 42-8-35. (a) The court shall determine the terms and conditions of probation and may provide that the probationer shall: (1) Avoid injurious and vicious habits; (2) Avoid persons or places of disreputable or harmful character; (3) Report to the probation supervisor state supervision officer as directed; (4) Permit the supervisor state supervision officer to visit the probationer at the probationer's home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; provided, however, that the court shall not banish a probationer to any area within the state: (A) That does not consist of at least one entire judicial circuit as described by Code Section 15-6-1; or (B) In which any service or program in which the probationer must participate as a condition of probation is not available; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer's offense, in an amount to be determined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved WEDNESDAY, MARCH 24, 2010 1667 person for the damage or loss caused by the probationer's offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a municipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental unit for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any municipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (10) Support the probationer's legal dependents to the best of the probationer's ability; (11) Violate no local, state, or federal laws and be of general good behavior; (12) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state; and (13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a criminal offense against a victim who is a minor or dangerous sexual offense as those terms are defined in Code Section 42-1-12, the court may provide that the probationer shall be: (1) Prohibited from entering or remaining present at a victim's school, place of employment, place of residence, or other specified place at times when a victim is present or from loitering in areas where minors congregate, child care facilities, churches, or schools as those terms are defined in Code Section 42-1-12; (2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning systems. The department shall assess and collect fees from the probationer for such monitoring at levels set by regulation by the department; (3) Required, either in person or through remote monitoring, to allow viewing and recording of the probationer's incoming and outgoing e-mail, history of websites visited and content accessed, and other Internet based communication; (4) Required to have periodic unannounced inspections of the contents of the probationer's computer or any other device with Internet access including the retrieval and copying of all data from the computer or device and any internal or external storage or portable media and the removal of such information, computer, device, or medium; and (5) Prohibited from seeking election to a local board of education. (c) The supervision provided for under subsection (b) of this Code section shall be conducted by a probation state supervision officer, law enforcement officer, or computer information technology specialist working under the supervision of a probation state supervision officer or law enforcement agency. 1668 JOURNAL OF THE HOUSE 42-8-35.1. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced for felony offenses committed on or after July 1, 1993, to a period of time of not less than one year on probation as a condition of probation must satisfactorily complete a program of confinement in a 'special alternative incarceration--probation boot camp' unit of the department for a period of 120 days computed from the time of initial confinement in the unit; provided, however, the department may release the defendant upon service of 90 days in recognition of excellent behavior. (b) Before a court can place this condition upon the sentence, an initial investigation will shall be completed by the probation officer state supervision officer which will indicate that the probationer is qualified for such treatment in that the individual probationer does not appear to be physically or mentally disabled in a way that would prevent him or her from strenuous physical activity, that the individual probationer has no obvious contagious diseases, that the individual probationer is not less than 17 years of age nor more than 30 years of age at the time of sentencing, and that the department has granted provisional approval of the placement of the individual probationer in the 'special alternative incarceration--probation boot camp' unit. (c) In every case where an individual a probationer is sentenced under the terms of this Code section, the sentencing court shall, within its probation order, direct the department to arrange with the sheriff's office in the county of incarceration to have the individual probationer delivered to a designated unit of the department within a specific date not more than 15 days after the issuance of such probation order by the court. (d) At any time during the individual's probationer's confinement in the unit, but at least five days prior to his or her expected date of release, the department will shall certify to the trial court as to whether the individual probationer has satisfactorily completed this condition of probation. (e) Upon the receipt of a satisfactory report of performance in the program from the department, the trial court shall release the individual probationer from confinement in the 'special alternative incarceration--probation boot camp' unit. However; provided, however, that the receipt of an unsatisfactory report will be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. (f) The satisfactory report of performance in the program from the department shall, in addition to the other requirements specified in this Code section, require participation of the individual probationer confined in the unit in such adult education courses necessary to attain the equivalency of a grade five competency level as established by the State Board of Education for elementary schools. Those individuals who are mentally disabled as determined by initial testing are shall be exempt from mandatory participation. After the individual probationer is released from the unit, it shall be a special condition of probation that the individual probationer participate in an education program in the community until grade five level competency is achieved or active probation supervision terminates. It shall be the duty of the department to certify to the trial court that such individual probationer has satisfactorily completed this condition of WEDNESDAY, MARCH 24, 2010 1669 probation while on active probation supervision. The receipt of an unsatisfactory report may be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Under certain circumstances, the probationer may be exempt from this requirement if it is determined by the probation state supervision officer that community education resources are inaccessible to the probationer. 42-8-35.2. (a) Notwithstanding any other provisions of law, the court, when imposing a sentence of imprisonment after a conviction of a violation of subsection (b) or (d) of Code Section 16-13-30 or after a conviction of a violation of Code Section 16-13-31, shall impose a special term of probation of three years in addition to such term of imprisonment; provided, however, upon a second or subsequent conviction of a violation of the provisions of such Code sections as stated in this subsection, the special term of probation shall be six years in addition to any term of imprisonment. (b) A special term of probation imposed under this Code section may be revoked if the terms and conditions of probation are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special term of probation and the resulting new term of imprisonment shall not be diminished by the time which was spent on special probation. A person whose special term of probation has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special term of probation provided for in this Code section shall be in addition to, and not in lieu of, any other probation provided for by law and shall be supervised in the same manner as other probations as provided in this chapter. (c) Upon written application by the probationer to the trial court, the court may, in its discretion, suspend the balance of any special term of probation, provided that at least one-half of said special term of probation has been completed and all fines associated with the original sentence have been paid and all other terms of the original sentence and the terms of the special probation have been met by the probationer. 42-8-35.3. Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 165-91 may impose one or more of the following conditions on such probation: (1) Prohibit the defendant probationer from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91; (2) Require the defendant probationer to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant probationer is in need of treatment or counseling, require the defendant probationer to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Behavioral Health and Developmental Disabilities. Unless the defendant probationer is indigent, the cost of any such treatment shall be borne by the defendant probationer; or 1670 JOURNAL OF THE HOUSE (3) Prohibit the defendant probationer from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present. 42-8-35.4. (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 shall be required to serve the period of confinement specified in the court order. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing. (c) During the period of confinement, the department may transfer the probationer to other facilities in order to provide needed physical and mental health care or for other reasons essential to the care and supervision of the probationer or as necessary for the effective administration and management of its facilities. 42-8-35.5. (a) In addition to any other terms and conditions of probation provided in this article, the trial judge may require that probationers sentenced to a period of not less than one year on probation shall satisfactorily complete, as a condition of that probation, a program in a probation diversion center. Probationers so sentenced will shall be required to serve a period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the diversion center. (b) The court shall determine that the defendant is at least 17 years of age at the time of sentencing, is capable both physically and mentally of maintaining paid employment in the community, and does not unnecessarily jeopardize the safety of the community. (c) The department may assess and collect room and board fees from diversion center program participants at a level set by the department. 42-8-35.6. (a) Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-10 shall require as a condition of probation that the defendant probationer participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such a program is not appropriate. WEDNESDAY, MARCH 24, 2010 1671 (b) A court, in addition to imposing any penalty provided by law, when revoking a defendant's probationer's probation for an offense involving family violence as defined by Code Section 19-13-10, or when imposing a protective order against family violence, shall order the defendant probationer to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the court determines and states on the record why participation in such program is not appropriate. (c) The State Board of Pardons and Paroles, for a violation of parole for an offense involving family violence as defined by Code Section 19-13-10, shall require the conditional releasee parolee to participate in a family violence intervention program certified pursuant to Article 1A of Chapter 13 of Title 19, unless the State Board of Pardons and Paroles determines why participation in such a program is not appropriate. (d) Unless the defendant probationer is indigent, the cost of the family violence intervention program as provided by this Code section shall be borne by the defendant probationer. If the defendant probationer is indigent, then the cost of the program shall be determined by a sliding scale based upon the defendant's probationer's ability to pay. 42-8-35.7. Unless the court has ordered more frequent such screenings, it shall be the duty of each probation supervisor state supervision officer to administer or have administered a drug and alcohol screening not less than once every 60 days to any person who is placed on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget. 42-8-36. (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 state supervision officer probation supervisor informed as to his or her residence. Upon the recommendation of the probation supervisor state supervision officer, 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 state supervision officer informed as to his or her whereabouts. The failure of a probationer to report to his probation supervisor or her state supervision officer 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 state supervision officer 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 state supervision officer, 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 1672 JOURNAL OF THE HOUSE serve. The effective date of the tolling of the sentence shall be the date that the state supervision 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 state supervision officer submits an affidavit to the court stating that a probationer has absconded and cannot be found, the running of the probated sentence shall be suspended effective on the date such affidavit is submitted to the court and continuing until the probationer shall personally report to the probation supervisor state supervision officer, is taken into custody in this state, or is otherwise available to the court. (b) Any unpaid fines, restitution, or any other moneys owed as a condition of probation shall be due when the probationer is arrested; but, if the entire balance of his or her probation is revoked, all the conditions of probation, including moneys owed, shall be negated by his or her imprisonment. If only part of the balance of the probation is revoked, the probationer shall still be responsible for the full amount of the unpaid fines, restitution, and other moneys upon his or her return to probation after release from imprisonment. 42-8-37. (a) Upon the termination of the period of probation, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interests of justice and the welfare of society, may discharge the probationer from further supervision. (b) Upon the request of the chief judge of the court from which said person a probationer was sentenced, the case of each person probationer receiving a probated sentence of more than two years shall be reviewed by the probation supervisor state supervision officer responsible for that case after service of two years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the supervisor's state supervision officer's recommendation as to early termination. Upon the request of the chief judge of the court from which said person such probationer was sentenced, each such case shall be reviewed and a written report submitted annually thereafter, or more often if required, until the termination, expiration, or other disposition of the case. 42-8-38. (a) Whenever, within the period of probation, a probation supervisor state supervision officer believes that a probationer under his or her supervision has violated his or her WEDNESDAY, MARCH 24, 2010 1673 probation in a material respect, he such officer may arrest the probationer without warrant, wherever found, and return him the probationer to the court granting the probation or, if under supervision in a county or judicial circuit other than that of conviction, to a court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to issue warrants may issue a warrant for the arrest of the probationer upon the affidavit of one having knowledge of the alleged violation, returnable forthwith before the court in which revocation proceedings are being brought. (b) The court, upon the probationer being brought before it, may commit him the probationer or release him the probationer with or without bail to await further hearing or it may dismiss the charge. If the charge is not dismissed at this time, the court shall give the probationer an opportunity to be heard fully at the earliest possible date on his or her own behalf, in person or by counsel, provided that, if the revocation proceeding is in a court other than the court of the original criminal conviction, the sentencing court shall be given ten days' written notice prior to a hearing on the merits. (c) After the hearing, the court may revoke, modify, or continue the probation. If the probation is revoked, the court may order the execution of the sentence originally imposed or of any portion thereof. In such event, the time that the defendant has served under probation shall be considered as time served and shall be deducted from and considered a part of the time he the probationer was originally sentenced to serve. (d) In cases where the probation is revoked in a county other than the county of original conviction, the clerk of court in the county revoking probation may record the order of revocation in the judge's minute docket, which recordation shall constitute sufficient permanent record of the proceedings in that court. The clerk shall send one copy of the order revoking probation to the department to serve as a temporary commitment and shall send the original order revoking probation and all other papers pertaining thereto to the county of original conviction to be filed with the original records. The clerk of court of the county of original conviction shall then issue a formal commitment to the department. 42-8-39. In all criminal cases in which the defendant is found guilty or in which a plea of guilty or of nolo contendere is entered and in which the trial judge after imposing sentence further provides that the execution of the sentence shall be suspended, such provision shall not have the effect of placing the defendant on probation as provided in this article. 42-8-40. All reports, files, records, and papers of whatever kind relative to the state-wide probation system are declared to be confidential and shall be available only to the probation system officials and to the judge handling a particular case. They shall not be subject to process of subpoena. However, the commissioner may by written order declassify any such records Reserved. 1674 JOURNAL OF THE HOUSE 42-8-41. All state and local departments, agencies, boards, bureaus, commissions, and committees shall cooperate with the probation officials state supervision officers. 42-8-42. The department may provide office space and clerical help wherever needed. The counties of this state shall cooperate in this respect and, wherever possible, shall furnish office space if needed Reserved. 42-8-43. Except as otherwise provided by law, any county probation system in existence on February 8, 1956, shall not be affected by the passage of this article, regardless of whether the law under which the system exists is specifically repealed by this article. The personnel of the system shall continue to be appointed and employed under the same procedure as used prior to February 8, 1956, and the system shall be financed under the same method as it was financed prior to February 8, 1956. However, the substantive provisions of this article and Chapter 9A of this title relative to probation shall be followed, and to this end any probation officer of such system shall be deemed to be the same as a probation supervisor state supervision officer, with the probation supervisor state supervision officer assigned by the department serving in a liaison capacity between the county probation system and the department. 42-8-43.1. (a) This Code section shall apply to county probation systems of all counties of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal years 1982-83 and 1983-84. The department shall compute the state cost per probationer on a state-wide basis for each of the aforesaid fiscal years pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For each of the aforesaid fiscal years, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section the percentage shown below of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of each of said fiscal years: (1) For fiscal year 1982-83, 10 percent; and (2) For fiscal year 1983-84, 10-100 percent. (b) The funds necessary to participate in the cost of county probation systems under subsection (a) of this Code section shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in subsection (a) of this Code section shall be made by, or pursuant to the order of, the department in single WEDNESDAY, MARCH 24, 2010 1675 lump sum payment for each fiscal year, with the payment for fiscal year 1982-83 being made by May 1, 1983, and the one for fiscal year 1983-84 by May 1, 1984. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (c) Each county probation system subject to the provisions of this Code section shall become a part of the state-wide probation system provided for by this article effective on July 1, 1984, and shall be fully funded from state funds as a part of the state-wide probation system beginning with fiscal year 1984-85. The employees of said county probation systems, at their option, shall become employees of the department on the date said county systems become a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (d) When an employee of a county probation system of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census becomes an employee of the department pursuant to subsection (c) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. 42-8-43.2. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of more than 100,000 in any metropolitan statistical area having a population of not less than 200,000 nor more than 230,000 according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1987-88. The department shall compute the state cost per probationer on a state-wide basis for such fiscal year pursuant to the formula used by the Office of Planning and Budget to determine the state cost for probation for budgetary purposes. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the state-wide cost per probationer for each probationer being supervised under the respective county probation system as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the department in single lump sum payment for fiscal year 1987-88, with the payment 1676 JOURNAL OF THE HOUSE being made by May 1, 1988. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the statewide probation system provided for by this article effective July 1, 1988, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1988-89. The employees of such county probation system, at their option, shall become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee becomes a state employee. Any leave time accrued by an employee of such county probation system shall be satisfied as a debt owed to the employee by the county. 42-8-43.3. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1988-89. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the annual county probation system budget as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for WEDNESDAY, MARCH 24, 2010 1677 the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the department in single lump sum payment for fiscal year 1988-89, with the payment being made by May 1, 1989. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the statewide probation system provided for by this article effective July 1, 1989, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1989-90. The employees of such county probation system, at their option, shall become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee becomes a state employee. Any leave time accrued by an employee of such county probation system shall be satisfied as a debt owed to the employee by the county. 42-8-44. This article shall be liberally construed so that its purposes may be achieved." PART IV PARDONS AND PAROLES SECTION 4-1. 1678 JOURNAL OF THE HOUSE Said Title 42 is further amended by revising Code Section 42-9-9, relating to board employees, as follows: "42-9-9. (a) The board may appoint such clerical, stenographic, supervisory, investigatory, and expert assistants and may establish such qualifications for its employees as it deems necessary. In its discretion, the board may discharge such employees. (b) A certified parole officer leaving the service of the board under honorable conditions who has accumulated 20 or more years of service with the board as a certified parole officer shall be entitled as part of such employee's compensation to retain his or her board issued badge. A certified parole officer employed with the board who is killed in the line of duty shall be entitled to have his or her board issued badge given to a surviving family member. Where a certified parole officer leaves the service of the board due to a disability that arose in the line of duty and such disability prevents the parole officer from further serving as a peace officer, then such disabled parole officer shall be entitled to retain his or her board issued badge regardless of the officer's number of years of service with the board. The board is authorized to promulgate rules and regulations for the implementation of this subsection." SECTION 4-2. Said title is further amended by revising Code Section 42-9-20, relating to general duties of the board, as follows: "42-9-20. In all cases in which the chairman of the board or any other member designated by the board has suspended the execution of a death sentence to enable the full board to consider and pass on same, it shall be mandatory that the board act within a period not exceeding 90 days from the date of the suspension order. In the cases which the board has power to consider, the board shall be charged with the duty of determining which inmates serving sentences imposed by a court of this state may be released on pardon or parole and fixing the time and conditions thereof. The board shall also be charged with the duty of supervising all persons placed on parole, of determining violations thereof of parole and of taking action with reference thereto, and of making such investigations as may be necessary, and of aiding parolees or probationers in securing employment. It shall be the duty of the board personally to study the cases of those inmates whom the board has power to consider so as to determine their ultimate fitness for such relief as the board has power to grant. The board by an affirmative vote of a majority of its members shall have the power to commute a sentence of death to one of life imprisonment." SECTION 4-3. Said title is further amended by revising Code Section 42-9-21, relating to supervision of persons placed on parole or other conditional release, as follows: WEDNESDAY, MARCH 24, 2010 1679 "42-9-21. (a) The board shall have the function and responsibility of supervising all persons placed on parole or other conditional release by the board. (b) The board is authorized to maintain and operate or to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or any other entities for transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board and to be authorized to require as a condition of relief that the offender parolee pay directly to the any provider and the board a reasonable fee for said services or programs transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or conditional releasees. (c)(b) In all cases where restitution is applicable, the board shall collect during the parole period those sums determined to be owed to the victim." SECTION 4-4. Said title is further amended by repealing Code Section 42-9-22, relating to construction of the chapter, which reads as follows: "42-9-22. This chapter shall be liberally construed so that its purpose may be achieved." SECTION 4-5. Said title is further amended by revising Code Section 42-9-41, relating to duty of the board to obtain and place in records information respecting persons subject to relief or placed on probation, as follows: "42-9-41. (a) It shall be the duty of the board to obtain and place in its permanent records information as complete as may be practicable on every person who may become subject to any relief which may be within the power of the board to grant. The information shall be obtained as soon as possible after imposition of the sentence and shall include: (1) A complete statement of the crime for which the person is sentenced, the circumstances of the crime, and the nature of the person's sentence; (2) The court in which the person was sentenced; (3) The term of his or her sentence; (4) The name of the presiding judge, the prosecuting officers, the investigating officers, and the attorney for the person convicted; (5) A copy of presentence investigation and any previous court record; (6) A fingerprint record; (7) A copy of all probation reports which may have been made; and (8) Any social, physical, mental, or criminal record of the person. (b) The board in its discretion may also obtain and place in its permanent records similar information on each person who may be placed on probation. The board shall 1680 JOURNAL OF THE HOUSE immediately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all probation officers state supervision officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Behavioral Health and Developmental Disabilities and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties." SECTION 4-6. Said title is further amended by revising subsection (d) of Code Section 42-9-42, relating to procedure for granting relief from sentence, as follows: "(d)(1) Any person who is paroled shall be released on such terms and conditions as the board shall prescribe. The board shall diligently see that no peonage is allowed in the guise of parole relationship or supervision. The parolee shall remain in the legal custody of the board until the expiration of the maximum term specified in his or her sentence or until he or she is pardoned by the board. (2) The board may require the payment of a parole supervision fee of at least $10.00 per month as a condition of parole or other conditional release. The monthly amount shall be set by rule of the board and shall be uniform state wide. The board may require or the parolee or person under conditional release may request that up to 24 months of the supervision fee be paid in advance of the time to be spent on parole or conditional release. In such cases, any advance payments are nonreimbursable in the event of parole or conditional release revocation or if parole or conditional release is otherwise terminated prior to the expiration of the sentence being served on parole or conditional release. Such fees shall be collected by the board to be paid into the general fund of the state treasury." SECTION 4-7. Said title is further amended by revising subsection (a) of Code Section 42-9-44, relating to specification of terms and conditions of parole, as follows: "(a) The board, upon placing a person on parole, shall specify in writing the terms and conditions thereof. A certified copy of the conditions shall be given to the parolee and the Department of Corrections. Thereafter, a copy shall be sent to the clerk of the court in which the person was convicted. The board shall adopt general rules concerning the terms and conditions of parole and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee shall not leave this state or any definite area in this state without the consent of the board; that the parolee shall contribute to the support of his or her dependents to the best of the parolee's ability; that the parolee shall make reparation or restitution for his or her WEDNESDAY, MARCH 24, 2010 1681 crime; that the parolee shall abandon evil associates and ways; and that the parolee shall carry out the instructions of his or her parole supervisor state supervision officer, and, in general, so comport himself or herself as the parolee's supervisor state supervision officer shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to a penal institution to serve out the term for which the parolee was sentenced." SECTION 4-8. Said title is further amended by repealing subsection (d) of Code Section 42-9-48, relating to arrest of parolee or conditional release violator, which reads as follows: "(d) Any parole supervisor, when he has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his parole or conditional release in a material respect, shall notify the board or some member thereof; and proceedings shall thereupon be had as provided in this Code section." SECTION 4-9. Said title is further amended by revising Code Section 42-9-57, relating to effect of chapter on probation power of courts, as follows: "42-9-57. Nothing contained in this chapter shall be construed as repealing any power given to any court of this state to place offenders on probation or to supervise the same nor any power of any probation agency set up in any county of the state in conjunction with the courts. The board shall be authorized to cooperate with any such agencies, except that it shall not assume or pay any financial obligations thereof. The board shall also be authorized to cooperate with the courts for the probation of offenders in those counties in which there is no existing probation agency, when a court so requests." SECTION 4-10. Said title is further amended by revising subsection (b) of Code Section 42-9-90, relating to application fee required for transfer, as follows: "(b) The Department of Corrections and the State Board of Pardons and Paroles are authorized to require any nonindigent adult offender to pay a $25.00 application fee when applying to transfer his or her supervision from Georgia to any other state or territory pursuant to the provisions of Articles 3 and Article 4 of this chapter." PART V CROSS-REFERENCES SECTION 5-1. Code Section 15-11-84 of the Official Code of Georgia Annotated, relating to sharing of confidential information, is amended by revising subsection (b) as follows: "(b) Governmental entities, state, county, consolidate governments, or municipal government departments, boards, or agencies shall exchange with each other all 1682 JOURNAL OF THE HOUSE 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, 42-9A-3, 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. Information which is shared pursuant to this subsection 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." SECTION 5-2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (b) of Code Section 16-6-5.1, relating to sexual assault against persons in custody, as follows: "(b) A probation or parole state supervision officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole such state supervision officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than ten nor more than 30 years; provided, however, that any person convicted of the offense of sexual assault under this subsection of a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2." SECTION 5-3. Said title is further amended by revising subsection (b) of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, as follows: "(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor state supervision officer, or conservation ranger in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person is shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years." SECTION 5-4. Said title is further amended by revising subsection (d) of Code Section 16-11-37, relating to terroristic threats or acts, as follows: WEDNESDAY, MARCH 24, 2010 1683 "(d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for: (1) Attending a judicial or administrative proceeding as a witness, attorney, judge, or party or producing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, adult or juvenile probation officer, state supervision officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished, for a terroristic threat, by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00, or both, and, for a terroristic act, by imprisonment for not less than five nor more than 20 years or by a fine of not less than $100,000.00, or both." SECTION 5-5. Said title is further amended by revising paragraph (12) of subsection (c) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows: "(12) Probation supervisors State supervision officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation Division of State Supervision;" SECTION 5-6. Said title is further amended by revising paragraph (9) of subsection (a) and subsection (b) of Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows: "(9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers State supervision officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation the Division of State Supervision;" "(b) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect persons who at the time of their retirement from service with the Department of Corrections were chief probation officers, probation officers, intensive probation officers, or surveillance state supervision officers, when specifically designated and authorized in writing by the director of Division of Probation the Division of State Supervision." SECTION 5-7. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (d) of Code Section 17-6-1.1, relating to electronic pretrial release and monitoring program for defendants, as follows: 1684 JOURNAL OF THE HOUSE "(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 state supervision officer that require the posting of bond or further adjudication." SECTION 5-8. Said title is further amended by revising Code Section 17-14-8, relating to apportionment of payments for fines and restitution, as follows: "17-14-8. (a) In any case in which a court sentences an offender to pay restitution and a fine, if the court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, probation officer or parole state supervision officer, or other official who receives such partial payments shall apply not less than one-half of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government. (b) The clerk of any court of this state, probation officer or parole state supervision officer, or other official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution order not later than the last day of each month, provided that the amount exceeds $100.00. If the amount does not exceed $100.00, the clerk of any court of this state, probation officer or parole state supervision officer, or other official may allow the amount of restitution to accumulate until such time as it exceeds $100.00 or until the end of the next calendar quarter, whichever occurs first." SECTION 5-9. Said title is further amended by revising subsection (c) of Code Section 17-14-14, relating to restitution payments, as follows: "(c) Until such time as the restitution has been paid or the sentence has been completed, the clerk of court or the probation or parole state supervision officer assigned to the case, whoever is responsible for collecting restitution, shall review the case not less frequently than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the case shall be reviewed at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted before the sentence or probationary or parole period expires. If it is determined at any review that restitution is not being paid as ordered, a written report of the violation shall be filed with the court on a form prescribed by the Council of Superior Court Clerks of Georgia." WEDNESDAY, MARCH 24, 2010 1685 SECTION 5-10. Code Section 19-13-51 of the Official Code of Georgia Annotated, relating to definitions for the "Family Violence and Stalking Protective Order Registry Act," is amended by revising paragraph (4) as follows: "(4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation state supervision officer of the Department of Corrections." SECTION 5-11. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising subsections (b) and (g) of Code Section 35-3-36, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to Georgia Crime Information Center, as follows: "(b) It shall be the duty of all chiefs of police, sheriffs, prosecuting attorneys, courts, judges, parole and probation state supervision officers, wardens, or other persons in charge of penal and correctional institutions in this state to furnish the center with any other data deemed necessary by the center to carry out its responsibilities under this article." "(g) All persons in charge of law enforcement agencies, all clerks of court, all municipal judges where they have no clerks, all magistrates, and all persons in charge of state and county probation and parole state supervision offices shall supply the center with the information described in Code Section 35-3-33 on the basis of the forms and instructions to be supplied by the center." SECTION 5-12. Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to establishment and approval of driver improvement clinics and programs, is amended by revising subsection (d) as follows: "(d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation state supervision officer or other official or employee of the probation state supervision division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation state supervision officer or other official or employee of the probation state supervision division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is 1686 JOURNAL OF THE HOUSE and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program." SECTION 5-13. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Code Section 42-1-10, relating to preliminary urine screen drug tests, as follows: "42-1-10. (a) Any probation state supervision officer, parole private probation officer as such term is defined in Code Section 42-8-100, or other an official or employee of the Department of Corrections who supervises any person covered under the provisions of paragraphs (1) through (7) of this subsection shall be exempt from the provisions of Chapter 22 of Title 31 for the limited purposes of administering a preliminary urine screen drug test to any person who is: (1) Incarcerated; (2) Released as a condition of probation for a felony or misdemeanor; (3) Released as a condition of conditional release; (4) Released as a condition of parole; (5) Released as a condition of provisional release; (6) Released as a condition of pretrial release; or (7) Released as a condition of control release. (b) The Department of Corrections and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Probation officers, parole State supervision officers, private probation officers as such term is defined in Code Section 42-8-100, or other officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a licensed clinical laboratory where necessary." SECTION 5-14. Said title is further amended by revising subparagraph (a)(2)(A) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation State Supervision of the Department of Corrections;" WEDNESDAY, MARCH 24, 2010 1687 SECTION 5-15. Said title is further amended by revising paragraphs (4) and (5) of subsection (e) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, as follows: "(4) To promulgate rules and regulations establishing a 40 hour initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole state supervision officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (5) To promulgate rules and regulations establishing a 40 hour initial orientation for probation officers employed by a county, municipality, or consolidated government that has established probation services and for 20 hours per annum of continuing education for such probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole state supervision officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any probation officer who has been employed by a county, municipality, or consolidated government as of March 1, 2006;" SECTION 5-16. Said title is further amended by revising subsection (a) of Code Section 42-8-102, relating to uniform professional standards and uniform contract standards, as follows: "(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer or probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer or probation officer and must have completed a standard two-year college course or have four years of law enforcement experience; provided, however, that any person employed as a private probation officer as of July 1, 1996, and who had at least six months of experience as a private probation officer or any person employed as a probation officer by a county, municipality, or consolidated government as of March 1, 2006, shall be exempt from such college requirements. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the council, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole state supervision officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996, or any person employed as a probation officer by a county, municipality, or consolidated 1688 JOURNAL OF THE HOUSE government as of March 1, 2006. In no event shall any person convicted of a felony be employed as a probation officer or utilize the title of probation officer." SECTION 5-17. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions for the Georgia State Indemnification Fund, is amended by revising paragraph (10) as follows: "(10) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole state supervision officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime." SECTION 5-18. Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent or unruly children, is amended by revising paragraph (1) of subsection (i) as follows: "(i)(1) A child who has been committed to the department as a delinquent or unruly child for detention in a youth development center or who has been otherwise taken into custody and who has escaped therefrom or who has been placed under supervision and broken the conditions thereof may be taken into custody without a warrant by a sheriff, deputy sheriff, constable, police officer, probation officer, parole state supervision officer, or any other officer of this state authorized to serve criminal process, upon a written request made by an employee of the department having knowledge of the escape or of the violation of conditions of supervision. Before a child may be taken into custody for violation of the conditions of supervision, the written request mentioned above must be reviewed by the commissioner or his or her designee. If the commissioner or his or her designee finds that probable cause exists to believe that the child has violated his or her conditions of supervision, he the commissioner or his or her designee may issue an order directing that the child be picked up and returned to custody." SECTION 5-19. Code Section 15-1-15, relating to drug court divisions, is amended by replacing "probation officers" with "state supervision officers" wherever such term occurs. WEDNESDAY, MARCH 24, 2010 1689 SECTION 5-20. The Official Code of Georgia Annotated is amended by replacing "probation officer" with "state supervision officer" wherever such term occurs in: (1) Code Section 16-10-33, relating to removal or attempted removal of weapon from public official; (2) Code Section 17-10-9.1, relating to voluntary surrender to county jail or correctional institution; (3) Code Section 19-7-52, relating to whom child support payments are made; (4) Code Section 19-11-21, relating to payment of support to the Department of Human Services; (5) Code Section 40-5-81, relating to driver improvement programs optional; (6) Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary license; (7) Code Section 42-8-114, relating to specifying provider for ignition interlock device; (8) Code Section 42-8-151, relating to definitions in the "Probation Management Act"; (9) Code Section 43-12A-5, relating to ignition interlock device provider not to operate under any name deceptively similar to another business; and (10) Code Section 49-3-6, relating to functions of county department of family and children services. SECTION 5-21. The Official Code of Georgia Annotated is amended by replacing "chief probation officer" with "chief state supervision officer" wherever such term occurs in: (1) Code Section 42-8-151, relating to definitions in the "Probation Management Act"; and (2) Code Section 42-8-155, relating to penalty for probation violation. SECTION 5-22. Code Section 42-8-72 of the Official Code of Georgia Annotated, relating to community service as a condition of probation, is amended by replacing "probation supervisor" with "state supervision officer" wherever such term occurs. SECTION 5-23. Code Section 16-10-33 of the Official Code of Georgia Annotated, relating to removal or attempted removal of weapon from public official, is amended by replacing "parole supervisor" with "state supervision officer" wherever such term occurs. PART VI SAVINGS CLAUSE, EFFECTIVE DATE, AND REPEALER SECTION 6-1. 1690 JOURNAL OF THE HOUSE This Act shall not be construed to apply to any offense committed before July 1, 2010. Any such offense shall be prosecuted as provided by the statute in effect at the time the offense was committed. SECTION 6-2. This Act shall become effective on July 1, 2010. SECTION 6-3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams N Allison Y Amerson N Anderson N Ashe Y Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague N Bell N Benfield N Benton N Black N Brooks N Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers N Channell Y Cheokas E Coan Y Cole Y Coleman N Collins, D N Collins, T Y Cooper E Cox N Crawford Y Davis N Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs N Dodson N Dollar N Dooley N Drenner Y Dukes Ehrhart Y England N Epps, C Y Epps, J N Everson N Floyd N Fludd N Franklin N Frazier N Fullerton Y Gardner N Geisinger N Glanton N Golick N Gordon Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B N Harden, M Y Hatfield N Heard E Heckstall Y Hembree N Henson N Hill, C N Hill, C.A N Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs E James N Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox N Lane, B Y Lane, R N Levitas Y Lindsey Long N Loudermilk N Lucas Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning E Marin N Martin N Maxwell Y May N Mayo N McCall Y McKillip N Meadows Y Millar N Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy N Neal N Nix N Oliver Y O'Neal N Parrish N Parsons Y Peake N Porter N Powell, A N Powell, J Y Pruett N Purcell Y Ramsey N Randall Y Reece N Reese N Rice Y Roberts N Rogers Rynders N Scott, A N Scott, M N Sellier Y Setzler Y Shaw Y Sheldon N Sims, B N Sims, C N Sinkfield Y Smith, B N Smith, E N Smith, K Y Smith, L N Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson N Stout N Talton N Taylor Y Teilhet N Thomas N Thompson VACANT N Walker Y Weldon Y Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix N Yates Ralston, Speaker WEDNESDAY, MARCH 24, 2010 1691 On the passage of the Bill, by substitute, the ayes were 59, nays 108. The Bill, having failed to receive the requisite constitutional majority, was lost. House of Representatives Atlanta, Georgia 30334 This version of HB 1030 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 1030. /s/ Bobby Franklin Representative, District 43 HR 1400. By Representatives Sellier of the 136th, Davis of the 109th, Black of the 174th, Sheldon of the 105th, Lindsey of the 54th and others: A RESOLUTION requesting the United States Congress not to transfer Guantanamo Bay detainees to prisons within the State of Georgia or any facility within the continental United States; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley N Drenner N Dukes Ehrhart Y England Epps, C Y Epps, J Y Everson 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 E James Y Jerguson Y Johnson Y Jones, J N Jones, S E 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 Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R 1692 JOURNAL OF THE HOUSE N Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas E Coan Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox Y Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard E Heckstall N Jordan N Kaiser Y Keen Y Keown N Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning N Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A N Stephenson Y Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 116, nays 47. The Resolution, having received the requisite constitutional majority, was adopted. Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, HB 1061, having been previously postponed, was again postponed until the next legislative day. By unanimous consent, HR 1146 was postponed until the next legislative day. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has discharged the Committee of Conference and has appointed a second Committee of Conference 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 WEDNESDAY, MARCH 24, 2010 1693 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 second Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Smith of the 52nd, and Mullis of the 53rd. The Senate has discharged the Committee of Conference and has appointed a second Committee of Conference 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. The President has appointed as a second Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Smith of the 52nd, and Mullis of the 53rd. The following communication was received: STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: House District 12 has become vacant due to the resignation of Representative Tom Graves. 1694 JOURNAL OF THE HOUSE Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 of the Official Code of Georgia Annotated, a Writ of Election is hereby issued to the Secretary of State for a special election to be held on May 11, 2010, to fill the temporary vacancy in District 12 of the Georgia House of Representatives. Any inconsistent previous order is hereby rescinded. This 24th day of March, 2010. /s/ Sonny Perdue Governor Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation: HB 1393 Do Pass, by Substitute Respectfully submitted, /s/ O'Neal of the 146th Chairman Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, A.M., Friday, March 26, 2010, and the motion prevailed. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Friday, March 26, 2010. FRIDAY, MARCH 26, 2010 1695 Representative Hall, Atlanta, Georgia Friday, March 26, 2010 The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker Pro Tem. The roll was called and the following Representatives answered to their names: Abrams Allison Amerson Anderson Ashe Baker Barnard Battles Bearden E Beasley-Teague Bell Benfield Benton E Black Brooks Bruce Bryant Buckner E Burkhalter Burns Butler Byrd Carter Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford Davis Dawkins-Haigler Day Dickson Dobbs Dodson Dooley Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield E Heckstall Hembree Henson E Hill, C Hill, C.A Holt Horne Houston Howard E Hudson Hugley Jackson E James Jerguson Johnson Jones, J Jones, S Kaiser Keen Keown Kidd Knight Knox Lane, R Levitas Lindsey Loudermilk Maddox, B Maddox, G Mangham Manning E Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Mosby Murphy Neal Nix O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Purcell E Ramsey Randall Rice Roberts Rogers Rynders Scott, A Setzler Sheldon Sims, C Smith, B Smith, K Smith, L Smith, R Smith, T Stephens, R Stout Talton Taylor Thomas Thompson Walker Weldon Wilkinson Willard Williams, E Williams, M Williams, R Yates E Ralston, 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, Dempsey of the 13th, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Jordan of the 77th, Lane of the 158th, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Mills of the 25th, Morgan of the 39th, Morris of the 155th, Oliver of the 83rd, Pruett of the 144th, Reece of the 11th, Scott of the 2nd, Shaw of the 176th, Sims of the 119th, Sinkfield of the 60th, Smyre of the 132nd, Stephens of the 161st, Stephenson of the 92nd, Teilhet of the 40th, Williams of the 165th, and Wix of the 33rd. 1696 JOURNAL OF THE HOUSE They wish to be recorded as present. Prayer was offered by Dr. Maurice Watson, Pastor, BeaulahLand Bible Church, Macon, 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 1461. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Tennille, approved May 11, 2009 (Ga. L. 2009, p. 4370), so as to provide for the mayor's vote; to provide for the submission of ordinances; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. FRIDAY, MARCH 26, 2010 1697 HB 1462. By Representative Keown of the 173rd: A BILL to be entitled an Act to create a new charter for the City of Coolidge; 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1463. By Representatives Hanner of the 148th and Rynders of the 152nd: A BILL to be entitled an Act to amend An Act entitled "An Act to authorize the Magistrate Court of Lee County to charge a law library fee," approved April 2, 1998 (Ga. L. 1998, p. 4135), so as to increase the amount of such fee; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1464. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of Official Code of Georgia Annotated, relating generally to insurance, so as to provide for the purpose of a certificate of insurance; to provide for certain provisions of such certificate; to provide for a required statement on such certificates; to provide for limitations of notice of cancellation by a certificate of insurance; to provide for use of certain forms; to provide an agent's opinion letter may not be inconsistent with the law; provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. HB 1465. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st: A BILL to be entitled an Act to create the City of College Park Water and Sewer Authority and to provide for the membership 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, fines, charges, and earnings of the authority, contract payments to the authority, and other moneys pledged therefor and authorize the collection and pledging of the 1698 JOURNAL OF THE HOUSE revenues, tolls, fees, fines, charges, and earnings of the authority for the payment of such revenue bonds; to provide for the validation of bonds; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1467. By Representative Austin of the 10th: A BILL to be entitled an Act to authorize the governing authority of the City of Cornelia to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide for 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 1468. By Representative Scott of the 2nd: A BILL to be entitled an Act to amend an Act creating the Dade County Water and Sewer Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), as amended, so as to provide for the composition of the authority; to provide for the selection of members of the authority; to provide for the terms of office for members of the authority; to provide for vacancies; to provide for certain duties of the authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1469. By Representatives Buckner of the 130th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Talbot County and to provide for its powers and duties, approved May 11, 2009 (Ga. L. 2009, p. 4310), so as to change the composition and manner of appointment of the board; to remove the appointment of a registrar by the board; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1470. By Representatives Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th and Mayo of the 91st: FRIDAY, MARCH 26, 2010 1699 A BILL to be entitled an Act to authorize the governing authority of Henry 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 1471. By Representatives Collins of the 95th, Smyre of the 132nd, Williams of the 89th, Ashe of the 56th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide that persons shall be given the opportunity to donate money to county libraries at the time of applying for or renewing a motor vehicle license plate; to provide that the tag agent of the county shall collect such donations and transfer them to the county governing authority; to provide for forms; to repeal conflicting laws; and for other purposes. Referred to the Committee on Motor Vehicles. HB 1472. By Representatives Cole of the 125th and Epps of the 140th: A BILL to be entitled an Act to amend an Act to create a charter for the Town of Gray in the County of Jones and the State of Georgia, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide for the powers of the mayor; to repeal conflicting laws; and for other purposes. Referred to the Committee on Intragovernmental Coordination - Local. HB 1473. By Representatives Ralston of the 7th, Wilkinson of the 52nd, Jones of the 46th, Keen of the 179th, Lindsey of the 54th and others: A BILL to be entitled an Act to provide for a short title; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to substantially revise the "Ethics in Government Act"; to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to increase the punishment for influencing legislation or official action by certain public officials; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for a method of addressing conflicts of interest, abuse of power, and improper use of state 1700 JOURNAL OF THE HOUSE employees by General Assembly members; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ethics. HB 1474. By Representative Sellier of the 136th: 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 require publishers and distributors of unsolicited newspapers to create and maintain a Do Not Receive Registry; to prohibit the delivery of unsolicited newspapers to residents who are on the registry; to provide for definitions; to provide for civil and criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. HR 1786. By Representatives Gordon of the 162nd, Brooks of the 63rd, Smyre of the 132nd, Stephens of the 161st, Mitchell of the 88th and others: A RESOLUTION urging the Capitol Art Standards Commission to accept a replacement plaque for installation on the sculpture entitled Expelled Because of their Color presently located on the capitol grounds; and for other purposes. Referred to the Committee on Special Rules. HR 1787. By Representatives Burns of the 157th, McCall of the 30th and Roberts of the 154th: A RESOLUTION remembering the service and sacrifices of veterans from Jenkins County and dedicating a road in their honor; and for other purposes. Referred to the Committee on Transportation. HR 1788. By Representatives Burns of the 157th, McCall of the 30th and Roberts of the 154th: A RESOLUTION remembering the service and sacrifices of veterans from Screven County and dedicating a road in their honor; and for other purposes. Referred to the Committee on Transportation. FRIDAY, MARCH 26, 2010 1701 HR 1823. By Representatives Murphy of the 120th, Harbin of the 118th, Frazier of the 123rd, Howard of the 121st, Sims of the 119th and others: A RESOLUTION urging the United States Department of Energy, the United States Congress, and the current administration to continue the development of Yucca Mountain as the site for permanent storage of defense nuclear waste and commercial spent nuclear fuel and requesting that the funding of $150 million for the review of the Yucca Mountain license application and future activities of the nuclear waste disposal program remain intact; and for other purposes. Referred to the Committee on Energy, Utilities & Telecommunications. HR 1824. By Representatives Scott of the 153rd, Ralston of the 7th, Cox of the 102nd, Meadows of the 5th, Lane of the 158th and others: A RESOLUTION directing the Attorney General of the State of Georgia to file a lawsuit challenging the constitutional merit of Public Law 111-148 passed by the United States Congress on March 21, 2010, and signed by the President on March 23, 2010; 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 1444 HB 1445 HB 1446 HB 1447 HB 1448 HB 1449 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454 HB 1455 HB 1458 HB 1459 HB 1460 HB 1466 HR 1769 HR 1770 HR 1781 HR 1782 HR 1784 HR 1785 HR 1822 SB 338 SB 343 SB 354 SB 401 SB 443 SB 455 SB 472 SR 821 SR 1083 SR 1199 1702 JOURNAL OF THE HOUSE Representative Wilkinson of the 52nd District, Chairman of the Committee on Ethics, submitted the following report: Mr. Speaker: Your Committee on Ethics has had under consideration the following 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 911 Do Pass, by Substitute HR 1087 Do Pass, by Substitute SB 17 Do Pass, by Substitute Respectfully submitted, /s/ Wilkinson of the 52nd 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 1197 Do Pass HB 1213 Do Pass HB 1214 Do Pass HB 1288 Do Pass, by Substitute HB 1362 Do Pass, by Substitute 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: FRIDAY, MARCH 26, 2010 1703 SB 4 SB 59 SB 136 Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute SB 250 Do Pass SB 439 Do Pass Respectfully submitted, /s/ Golick of the 34th Chairman The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR FRIDAY, MARCH 26, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule HB 478 HB 938 Municipal courts; judges to be attorneys; require (Substitute)(GAff-Powell171st) Motor vehicles; revocation of licenses; wireless telecommunication devices; prohibit use (Substitute)(PS&HS-Peake-137th) Modified Open Rule HB 817 HB 1184 HR 136 Georgia Judicial Retirement System; juvenile judges; provide (Ret-Baker78th) Health insurance; offer individual accident and sickness policies approved in other states; provisions (Substitute)(Ins-Ramsey-72nd) Owners of real property; industrial areas; remove property - CA (JudyBryant-160th) Modified Structured Rule HB 236 HB 293 HB 307 Georgia Government Accountability Act; enact (Substitute)(App-Byrd20th) Gambling; coin operated amusement machines; revise definitions (Substitute)(W&M-Lindsey-54th) Medicaid; federal financial participation; hospitals; impose fee (Substitute)(App-Cole-125th) 1704 JOURNAL OF THE HOUSE HB 853 HB 889 HB 1000 HB 1040 HB 1055 HB 1104 HB 1198 HB 1234 HB 1242 HB 1283 HB 1284 HB 1343 HB 1364 HB 1402 HB 1405 HB 1407 HB 1431 HR 1446 HR 1513 Tanning Facilities Regulation Act; enact (Substitute)(H&HS-Drenner-86th) Recognizance bonds; persons charged with certain crimes; limit (Substitute)(JudyNC-Walker-107th) Seasons and bag limits; bears; change limits (Substitute)(GF&P-Allison8th) Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions (Substitute)(JudyNC-Pruett-144th) Drivers' licenses; fees for temporary licenses or identification cards; change (Substitute)(W&M-Levitas-82nd) Juvenile proceedings; graduated sanctions and secure detention for probation violators; provisions (Substitute)(JudyNC-Pruett-144th) Income tax; taxable nonresident; change definition (Substitute)(W&MManning-32nd) State Transportation Board; members term of office; limit (TransHamilton-23rd) Ethics; State Transportation Board members are public officers; provide (GAff-Hamilton-23rd) State government; budget units to review and modify user fees collected; provide (GAff-Smith-131st) Planning and Budget, Office of; record of user fees collected; provide for publication (GAff-Smith-131st) Criminal cases; fees charged to probationers; change amount; provisions (Substitute)(App-Powell-171st) Insurance; Georgia Insurers Insolvency Pool liable in emergency; provide (IndR-Rogers-26th) Georgia Student Finance Authority; engineering field loans; Peace Corps volunteers; deferred payment; provide (HEd-O`Neal-146th) 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create (Substitute)(W&MO`Neal-146th) Medicaid and PeachCare for Kids; single administrator for dental services; provisions (Substitute)(H&HS-Rogers-26th) Georgia Services Administration; succeed Department of Administrative Services; create provisions (Substitute)(App-Collins-27th) State Transportation Board; members term of office; limit - CA (Substitute)(Trans-Hamilton-23rd) Little's Ferry/George F. Green Memorial Bridge; Hancock and Putnam Counties; dedicate (Substitute)(Trans-Hudson-124th) Structured Rule HB 517 Revenue and taxation; method of assessing real property; comprehensive revision (Substitute)(W&M-Lindsey-54th) FRIDAY, MARCH 26, 2010 1705 HB 1219 HB 1221 HB 1249 HB 1268 HR 1 HR 21 HR 1448 HR 1686 Income tax; change certain definitions (Substitute)(W&M-Knight-126th) Sales and use tax; change certain definitions (Substitute)(W&M-O`Neal146th) Ad valorem tax exemption; businesses providing new jobs; provisions (Substitute)(SCSBDJ-Lunsford-110th) Insurance; time periods and eligibility for continuation coverage; revise (Substitute)(Ins-Knox-24th) Real property; residential and nonresidential; freeze valuation - CA (Substitute)(W&M-Lindsey-54th) Counties; provide for re-creation; voter approval - CA (Substitute)(SP&CA-Jones-46th) Ad valorem tax exemption; net job producing jurisdictions; provide - CA (SCSBDJ-Lunsford-110th) LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate (Substitute)(Trans-Loudermilk-14th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman By unanimous consent, the following Bills of the House were taken up for consideration and read the third time: HB 1197. By Representatives Glanton of the 76th, Dodson of the 75th, Baker of the 78th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Morrow 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 1213. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of the City of LaGrange to levy an excise tax pursuant to subsection (b) of Code Section 1706 JOURNAL OF THE HOUSE 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 1214. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of Troup 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 1288. By Representatives Glanton of the 76th, Baker of the 78th, Dodson of the 75th and Jordan of the 77th: A BILL to be entitled an Act to authorize the governing authority of the City of Jonesboro 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 following Committee substitute was read and adopted: A BILL To authorize the governing authority of the City of Jonesboro 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Jonesboro is authorized to levy an excise tax pursuant to said subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any FRIDAY, MARCH 26, 2010 1707 person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value. SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2010-002 of the governing authority of the City of Jonesboro which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds. SECTION 3. In accordance with the terms of Resolution 2010-002: (1) In each fiscal year during which a tax is collected under paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Jonesboro; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended on the 1867 Jonesboro Train Depot and the 1839 Stately Oaks Plantation for preservation, renovation, and beautification in the promotion of tourism. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. HB 1362. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; to provide for submission of this Act for preclearance under the federal 1708 JOURNAL OF THE HOUSE Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend an Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), so as to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for eligibility and qualifications; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Alma, approved April 4, 1967 (Ga. L. 1967, p. 2643), as amended, particularly by an Act approved March 19, 1993 (Ga. L. 1993, p. 4127), an Act approved April 9, 1999 (Ga. L. 1999, p. 4124), and an Act approved May 30, 2003 (Ga. L. 2003, p. 3940), is amended by striking Section 6.01 and inserting in lieu thereof the following: "SECTION 6.01. Elections. (a) The mayor and those members of the city council who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such mayor or members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the governing authority of the City of Alma shall consist of five councilmembers all of whom shall be elected from council districts described in subsection (b) of this section and the mayor who is elected at large as provided in this Act. (b) For purposes of electing members of the city council, the City of Alma is divided into five council districts. One member of the city council shall be elected from each such district. The five council districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: alma2010p2 Plan Type: Local User: Gina Administrator: Alma. FRIDAY, MARCH 26, 2010 1709 (c) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Alma which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Alma which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (d)(1) The mayor and members of the city council from Council Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. (2) The members of the city council from Council Districts 1, 3, and 5 shall be elected at the general election on the Tuesday next following the first Monday in November, 2013. (3) The mayor and members of the city council shall serve for terms of office of four years and until their respective successors are elected and qualified. (e) On and after the effective date of this Act, those members who represent Council Districts 1, 2, 3, 4, and 5 shall represent Council Districts 1, 2, 3, 4, and 5, respectively, as newly described under this Act. (f) No person shall be a member of the council if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (g) In order to be elected as a member of the council from a council district, a person must have resided in the city for at least six months prior to the election and must receive a majority of the votes cast for that office in that district only and not at large. Only electors who are residents of that council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the council from a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected as a member of the council from a council district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (h) The mayor may reside anywhere within the City of Alma and must receive a majority of the votes cast for such office in the entire city. The mayor must continue to reside within the City of Alma during that person's term of office or that office shall thereupon become vacant. A person must have resided in the city at least six months prior to election as mayor." 1710 JOURNAL OF THE HOUSE SECTION 2. Said Act is further amended by striking in its entirety the attachment to the Act approved May 30, 2003 (Ga. L. 2003, p. 3940), which was identified as Plan Name: almap3 Plan Type: Local User: Blake Administrator: Alma. SECTION 3. It shall be the duty of the attorney of the City of Alma to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. By 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 Y Bearden E Beasley-Teague Y Bell Y Benfield Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Fullerton Y Gardner Y Geisinger Y Glanton Hembree Y Henson E Hill, C Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Hugley Y Jackson Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Marin Martin Y Maxwell May Y Mayo McCall Y McKillip Y Meadows Millar Mills Y Mitchell Y Morgan Morris Mosby Y Murphy Neal Y Nix Oliver O'Neal Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Scott, M Y Sellier Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT FRIDAY, MARCH 26, 2010 1711 Casas Chambers Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper Cox Golick Y Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Hatfield E Heard E Heckstall Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning Pruett Y Purcell E Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Scott, A Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates E Ralston, Speaker On the passage of the Bills, the ayes were 118, nays 1. The Bills, having received the requisite constitutional majority, were passed. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House: SB 291. By Senators Shafer of the 48th, Douglas of the 17th, Sims of the 12th, Rogers of the 21st, Powell of the 23rd 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 revise the method by which licenses to carry weapons are issued; to prohibit the carrying of certain items in certain buildings; to provide exceptions; 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 provide an effective date; to repeal conflicting laws; and for other purposes. SB 302. By Senators Hooks of the 14th, Crosby of the 13th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to trusts, so as to provide that where no distribution has been made from a trust within certain times, the trustee shall notify the district attorney of the 1712 JOURNAL OF THE HOUSE circuit in which the trust res is located; to provide that the district attorney shall determine whether the intent of the trust is being furthered; to provide for the filing of a petition to reform the trust; to provide for notification; to provide for an order; to repeal conflicting laws; and for other purposes. SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 123-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 375. By Senators Unterman of the 45th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1713 SB 385. By Senators Wiles of the 37th, Rogers of the 21st, Chance of the 16th, Balfour of the 9th, Hill of the 32nd 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 counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive additional funding for housing state inmates; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. SB 410. By Senators Douglas of the 17th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 414. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Seay of the 34th and others: 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 Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 1714 JOURNAL OF THE HOUSE SB 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 421. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Hooks of the 14th, Goggans of the 7th 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, so as to provide that the Revenue Shortfall Reserve shall not exceed 15 percent of the previous year's net revenue for any given fiscal year; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 423. By Senators Smith of the 52nd, Hamrick of the 30th, Butterworth of the 50th, Douglas of the 17th, Mullis of the 53rd and others: A BILL to be entitled an Act to provide a short title; 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 add additional offenses to the definition of "designated felony act"; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the penalty for burglary when more than $500.00 of damage is done to property in the commission of the burglary of retail property or when a motor FRIDAY, MARCH 26, 2010 1715 vehicle is used to damage property in order to commit the burglary of retail property; to repeal conflicting laws; and for other purposes. SB 436. By Senator Heath 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 repeal certain obsolete and inoperative provisions from such title; to provide a statement of intent; to repeal conflicting laws; and for other purposes. SB 442. By Senators Weber of the 40th, Tolleson of the 20th, Balfour of the 9th, Murphy of the 27th, Adelman of the 42nd and others: 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 provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: 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 1716 JOURNAL OF THE HOUSE certain pull tab games of chance; to repeal conflicting laws; and for other purposes. SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 458. By Senators Thomas of the 54th, Williams of the 19th, Moody of the 56th, Hawkins of the 49th, Harp of the 29th 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 provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust instruments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 470. By Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as to provide a definition; to provide that it shall be illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered filesharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and FRIDAY, MARCH 26, 2010 1717 conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; and for other purposes. SB 478. By Senators Seabaugh of the 28th, Hill of the 4th, Cowsert of the 46th and Butterworth of the 50th: A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to contract with a third party to audit state contracts for the purpose of recovering certain funds; to provide for an annual report; to provide for information from state agencies; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 481. By Senator Hudgens of the 47th: A BILL to be entitled an Act to revise the provision in accident and sickness policies for termination of coverage of surviving spouse or as a result of a break in marital relationship; to provide for availability of accident and sickness policy upon termination of dependent coverage under certain circumstances; to revise certain definitions related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for 1718 JOURNAL OF THE HOUSE related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of personal jurisdiction over nonresidents involved in domestic relation cases; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 498. By Senators Harbison of the 15th, Staton of the 18th, Crosby of the 13th, Seay of the 34th, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as "synthetic marijuana" or "K2" to the Schedule I controlled substances list; to repeal conflicting laws; and for other purposes. HB 1299. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to amend an Act entitled "An Act to reincorporate the City of Roswell in the County of Fulton," approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of mayor for more than three complete terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1319. By Representatives Millar of the 79th, Jacobs of the 80th, Mosby of the 90th, Chambers of the 81st, Mitchell of the 88th and others: FRIDAY, MARCH 26, 2010 1719 A BILL to be entitled an Act to amend an Act incorporating the City of Dunwoody, approved March 25, 2008 (Ga. L. 2008, p. 3536), as amended, so as to change certain provisions providing for a homestead exemption from certain municipal 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, so as to eliminate the automatic sunset so that such exemption continues indefinitely; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1349. By Representatives Geisinger of the 48th, Willard of the 49th, Martin of the 47th and Jones of the 46th: A BILL to be entitled an Act to authorize the City of Roswell to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes. By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees: SB 291. By Senators Shafer of the 48th, Douglas of the 17th, Sims of the 12th, Rogers of the 21st, Powell of the 23rd 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 revise the method by which licenses to carry weapons are issued; 1720 JOURNAL OF THE HOUSE to prohibit the carrying of certain items in certain buildings; to provide exceptions; 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 provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SB 302. By Senators Hooks of the 14th, Crosby of the 13th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to trusts, so as to provide that where no distribution has been made from a trust within certain times, the trustee shall notify the district attorney of the circuit in which the trust res is located; to provide that the district attorney shall determine whether the intent of the trust is being furthered; to provide for the filing of a petition to reform the trust; to provide for notification; to provide for an order; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 308. By Senators Seabaugh of the 28th, Rogers of the 21st, Smith of the 52nd, Unterman of the 45th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provisions regarding the carrying and possession of firearms; to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to what persons may be in parks, historic sites, or recreational areas, so as to permit persons with a weapons license to carry certain weapons in parks, historic sites, or recreational areas; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as permit a person possessing a weapons license to carry certain weapons while hunting during archery or primitive hunting season; to amend various titles of the Official Code of Georgia Annotated so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. FRIDAY, MARCH 26, 2010 1721 SB 375. By Senators Unterman of the 45th, Grant of the 25th and Goggans of the 7th: A BILL to be entitled an Act to amend Title 37 and various other titles of the Official Code of Georgia Annotated, relating to mental health and other matters, so as to revise certain provisions relating to the Department of Behavioral Health and Developmental Disabilities; to delete a Code section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 133), relating to the office of disability services ombudsman; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Health & Human Services. SB 380. By Senators Pearson of the 51st, Tolleson of the 20th, Butterworth of the 50th, Bulloch of the 11th and Weber of the 40th: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the water supply division of the Georgia Environmental Facilities Authority, so as to provide that the division shall have the authority to make loans and grants to local governments for the expansion of existing reservoirs; to provide criteria; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 385. By Senators Wiles of the 37th, Rogers of the 21st, Chance of the 16th, Balfour of the 9th, Hill of the 32nd 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 counties that can demonstrate constant use of the federal Department of Homeland Security's Secure Communities initiative or have entered into memorandums of agreement with the federal government under Section 287(g) of the federal Immigration and Nationality Act shall receive additional funding for housing state inmates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on State Institutions & Property. SB 409. By Senators Chance of the 16th, Tolleson of the 20th, Rogers of the 21st, Golden of the 8th, Mullis of the 53rd and others: 1722 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to revenue and taxation, so as to define a certain term; to provide a statement of intent of the General Assembly relative to the granting of a tax break or incentive to users of raw forest products; to repeal conflicting laws; and for other purposes. Referred to the Committee on Ways & Means. SB 410. By Senators Douglas of the 17th, Murphy of the 27th and Mullis of the 53rd: A BILL to be entitled an Act to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to designate ambulances as emergency vehicles and exclude ambulance providers from certain permit requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Public Safety and Homeland Security. SB 414. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Hawkins of the 49th, Seay of the 34th and others: 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 Georgia State Indemnification Fund, so as to provide a short title; to provide that, in the case of death or organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, or prison guard, if such person does not have an unremarried spouse or dependents, the indemnification payment shall be made to the parents or siblings of such person; 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 415. By Senators Mullis of the 53rd, Shafer of the 48th, Murphy of the 27th, Douglas of the 17th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for the regulation of private emergency warning point to multipoint systems by the Public Service Commission; to define certain FRIDAY, MARCH 26, 2010 1723 terms; to provide for audits; to provide for immunity from liability for failure to deliver information over an emergency warning point to multipoint system; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Regulated Industries. SB 418. By Senators Carter of the 1st, Hawkins of the 49th, Harp of the 29th, Thomas of the 54th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for 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 provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; 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 421. By Senators Hill of the 4th, Williams of the 19th, Rogers of the 21st, Hooks of the 14th, Goggans of the 7th 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, so as to provide that the Revenue Shortfall Reserve shall not exceed 15 percent of the previous year's net revenue for any given fiscal year; 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. SB 423. By Senators Smith of the 52nd, Hamrick of the 30th, Butterworth of the 50th, Douglas of the 17th, Mullis of the 53rd and others: A BILL to be entitled an Act to provide a short title; 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 add additional offenses to the definition of "designated felony act"; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the penalty for burglary when more than $500.00 of damage is done to property in the commission of the burglary of retail property or when a 1724 JOURNAL OF THE HOUSE motor vehicle is used to damage property in order to commit the burglary of retail property; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SB 436. By Senator Heath 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 repeal certain obsolete and inoperative provisions from such title; to provide a statement of intent; to repeal conflicting laws; and for other purposes. Referred to the Committee on Retirement. SB 442. By Senators Weber of the 40th, Tolleson of the 20th, Balfour of the 9th, Murphy of the 27th, Adelman of the 42nd and others: 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 provide a short title; to make legislative findings; to define certain terms; to provide that the Georgia Environmental Facilities Authority shall issue a request for proposal for an engineering study to identify interconnections and redundancies so as to achieve district-wide interconnection within the Metropolitan North Georgia Water Planning District; to provide for a written emergency water supply plan; to provide for the contents of such plan; to provide for coordination of activities; to provide for the completion of such written plan and submission to certain officers; to provide for an exclusion from public disclosure; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Committee on Natural Resources & Environment. SB 447. By Senators Bulloch of the 11th, Tolleson of the 20th, Rogers of the 21st, Williams of the 19th, Hill of the 4th and others: A BILL to be entitled an Act to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the State Financing and Investment Commission, so as to provide that the construction division of the commission shall give preference to in-state materialmen, contractors, builders, architects, and laborers when such preference does not impair quality and cost considerations; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1725 Referred to the Committee on Governmental Affairs. SB 454. By Senators Douglas of the 17th and Cowsert of the 46th: 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 Judiciary Non-Civil. SB 457. By Senators Weber of the 40th and Moody of the 56th: A BILL to be entitled an Act to amend Code Section 20-2-2064 of the Official Code of Georgia Annotated, relating to approval or denial of charter petitions, so as to provide that a local board of education may act on a petition for a conversion charter school for a high school cluster if approved by a majority of the qualified voters in a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Education. SB 458. By Senators Thomas of the 54th, Williams of the 19th, Moody of the 56th, Hawkins of the 49th, Harp of the 29th 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 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 461. By Senators Harp of the 29th, Hamrick of the 30th, Smith of the 52nd, Cowsert of the 46th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 6 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to construction of wills and testamentary gifts, so as to provide for the construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws for testators and settlors dying on or after December 31, 2009, but prior to January 1, 2011; to provide for judicial construction of such wills and trust 1726 JOURNAL OF THE HOUSE instruments; 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 470. By Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock of the 36th: A BILL to be entitled an Act to amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer security, so as to provide a definition; to provide that it shall be illegal to prevent reasonable efforts to block the installation, execution, or disabling of a covered filesharing program on computers; to provide that it shall be illegal to install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on a computer without first providing clear and conspicuous notice to the authorized user of the computer that the files on that computer will be made available to the public, obtaining consent of the authorized user to install the program, and requiring affirmative steps by the authorized user to activate any feature on the program that will make files on that computer available to the public; and for other purposes. Referred to the Committee on Science and Technology. SB 478. By Senators Seabaugh of the 28th, Hill of the 4th, Cowsert of the 46th and Butterworth of the 50th: A BILL to be entitled an Act to amend Chapter 5B of Title 50 of the Official Code of Georgia Annotated, relating to the state accounting office, so as to direct the state accounting officer to contract with a third party to audit state contracts for the purpose of recovering certain funds; to provide for an annual report; to provide for information from state agencies; 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 Budget and Fiscal Affairs Oversight. SB 480. By Senators Hill of the 4th, Seabaugh of the 28th, Hooks of the 14th, Williams of the 19th and Rogers of the 21st: 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, so as to provide for the creation of the State Council of Economic Advisors; to provide for its composition, duties, FRIDAY, MARCH 26, 2010 1727 and responsibilities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Budget and Fiscal Affairs Oversight. SB 481. By Senator Hudgens of the 47th: A BILL to be entitled an Act to revise the provision in accident and sickness policies for termination of coverage of surviving spouse or as a result of a break in marital relationship; to provide for availability of accident and sickness policy upon termination of dependent coverage under certain circumstances; to revise certain definitions related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Insurance. SB 488. By Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 491. By Senators Cowsert of the 46th, Harp of the 29th, Crosby of the 13th and Hamrick of the 30th: A BILL to be entitled an Act to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change provisions relating to the grounds for exercise of personal jurisdiction over nonresidents involved in domestic relation cases; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary. SB 493. By Senators Davis of the 22nd, Jackson of the 24th, Carter of the 1st, Powell of the 23rd and Jackson of the 2nd: 1728 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificates, filing, medical certification, forwarding death certificate to decedent's county of residence, and purging voter registration list, so as to provide for the execution of death certificates for burn victims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Committee on Governmental Affairs. SB 498. By Senators Harbison of the 15th, Staton of the 18th, Crosby of the 13th, Seay of the 34th, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as "synthetic marijuana" or "K2" to the Schedule I controlled substances list; to repeal conflicting laws; and for other purposes. Referred to the Committee on Judiciary Non-Civil. SR 1231. By Senators Chance of the 16th, Henson of the 41st, Rogers of the 21st, Williams of the 19th, Douglas of the 17th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize obligations of the state for governmental energy efficiency or conservation improvement projects in which vendors guarantee realization of specified savings or revenue gains attributable solely to the improvements; 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 State Institutions & Property. The following members were recognized during the period of Morning Orders and addressed the House: Dooley of the 38th, Byrd of the 20th, Maddox of the 127th, Williams of the 89th, Scott of the 153rd, Smith of the 113th, and May of the 111th. Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each Bill or Resolution today shall be limited to one hour. FRIDAY, MARCH 26, 2010 1729 Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time: HB 1000. By Representative Allison of the 8th: A BILL to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to change the bag limits for bear; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to provide that persons under the age of 16 may hunt certain wildlife at certain times; to change certain provisions relating to seasons and bag limits; to regulate the exporting, farming, and selling of fresh-water turtles; to provide for rules and regulations; to make certain findings and declarations; to regulate the use of fertility control of wildlife; to establish a permit application for applying fertility control to wildlife; to require a permit for applying fertility control to wildlife; to provide for rules and regulations; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions, by adding a new paragraph to read as follows: "(29.2) 'Fresh-water turtle' means any turtle or its eggs within the families Chelydridae, Emydidae (excluding Malaclemys terrapin and Terrapene carolina), Kinosternidae, and Trionychidae." SECTION 2. Said title is further amended by revising paragraph (2) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows: "(2) During primitive weapon hunts or primitive weapons seasons, longbows: (A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .44 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and 1730 JOURNAL OF THE HOUSE (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer;" SECTION 3. Said title is further amended by revising paragraph (12) of subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, as follows: "(12) Bear Sept. 8 -- Jan. 15 13 13 Up to two bears per managed hunt may be allowed on wildlife management areas without complying with the state-wide bag limit" SECTION 4. Said title is further amended by adding a new Code section to read as follows: "27-3-19.1. (a) It shall be unlawful to export, farm, or sell any fresh-water turtle or part thereof except in accordance with rules and regulations adopted by the board. (b) As the board deems appropriate for purposes of this Code section, it may promulgate such rules and regulations as are reasonable and necessary under sound wildlife management practices." SECTION 5. Said title is further amended in Chapter 3, relating to wildlife generally, by adding a new article to read as follows: "ARTICLE 8 27-3-180. The General Assembly recognizes that the hunting and taking of wildlife pursuant to this title are a valued cultural heritage consistent with the sound scientific principles of wildlife management and play an essential and effective role in the management of wildlife populations. The General Assembly further recognizes that the State of Georgia and its citizens derive substantial economic, recreational, and esthetic benefits from such activities. Therefore, the General Assembly finds and declares that it is in the public interest to ensure public health, safety, welfare, and conservation of the state's wildlife resources by strictly regulating in this state the use of fertility control on any wildlife. FRIDAY, MARCH 26, 2010 1731 27-3-181. (a) As used in this article, the term 'fertility control' means any action that results in contraception, contragestation, or sterilization or produces a temporary or permanent state of infertility. (b) It shall be unlawful to apply any fertility control to any wildlife, except in accordance with a wildlife fertility control permit issued under the provisions of this article and any rules or regulations adopted by the board. (c) Nothing in this article shall prohibit or apply to the medically necessary treatment of sick or injured wildlife by properly licensed veterinarians. This article shall not limit employees of the department in the performance of their official duties. 27-3-182. (a) Application for a wildlife fertility control permit shall be made on forms obtained from the department. (b) The department may issue such a permit only if it has determined that the proposed activity is in the best interest of the wildlife resources. In making such a determination, the department may consider the following: (1) Whether the proposed activity may preclude the use of hunting as the primary management tool; (2) Whether the drug has been approved by the federal Food and Drug Administration; (3) Whether there is a need for the information and data or a need to manage the target wildlife population to achieve the objectives sought by the applicant; (4) Whether the proposed activity would duplicate sound scientific research previously accomplished; (5) Whether the proposed activity is of reasonably sound design; (6) Whether the proposed activity poses health or safety risks to humans and wildlife, including, but not limited to, wildlife species that may consume the target wildlife; (7) Whether the proposed activity includes all necessary approvals, including, but not limited to, any federal or state agency approvals for specific or extra label use and any agency or institutional endorsement of the application; and (8) Whether the applicant or the sponsor has documented that he or she has adequate funds available to implement the proposed activity. (c) In the event that a determination has been made to revoke, suspend, deny, or refuse to renew any wildlife fertility control permit issued pursuant to this article, the applicant for such permit may appeal the determination according to the provisions stated in Code Section 27-2-25. 27-3-183. The board is authorized to promulgate and adopt any rules and regulations, consistent with sound wildlife management practices and not inconsistent with law, as it deems necessary and appropriate to carry out the purposes of this article. 1732 JOURNAL OF THE HOUSE 27-3-184. (a) The department shall have the authority to prescribe the form, contents, and conditions for a wildlife fertility control permit and application as it deems necessary to carry out the purposes of this article. (b) The department shall have the authority to issue, revoke, or deny any permit required by this article and pursuant to any rules and regulations adopted pursuant to this article. (c) The department may, prior to a hearing and in accordance with Code Section 27-137, issue a cease and desist order or other appropriate order to any person who is violating any provision of this article or any regulation, permit, or license issued pursuant to this article. (d) The department shall have the authority in accordance with Code Sections 27-1-21 and 27-1-37 to take possession of and dispose of any wildlife if it has reason to believe that fertility control has been administered to such wildlife in violation of this article. 27-3-185. (a) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction shall be punished by a fine of not less than $1,500.00 nor more than $5,000.00, imprisonment for a period not exceeding 12 months, or both such fine and imprisonment. (b) Any licenses or permits issued under this title to any person convicted of violating any provision of this article shall by operation of law be revoked and shall not be reissued for a period of three years. The department shall notify the person in writing of the revocation." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Allison of the 8th moves to amend HB 1000 (LC 21 0828S) by striking line 29 and inserting in lieu thereof the following: "(12) Bear Sept. 8 -- Jan. 15 12 1 2" The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 26, 2010 1733 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard E Heckstall 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 E James Y Jerguson Y Johnson Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. Representatives Jordan of the 77th and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 1734 JOURNAL OF THE HOUSE House of Representatives Atlanta, Georgia 30334 This version of HB 1000 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 1000. /s/ Bobby Franklin Representative, District 43 The Speaker assumed the Chair. HR 1686. By Representatives Loudermilk of the 14th, Battles of the 15th and Graves of the 12th: A RESOLUTION honoring the service of Lance Corporal Seth Sharp and dedicating an intersection in his honor; and for other purposes. The following Committee substitute was read and adopted: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, LCPL Seth Sharp's patriotic spirit was evidenced at a young age when, following the terrorist attacks of September 11, 2001, at the age of 17, he joined the United States Marine Corps to, as he stated in his own words, fight for and defend those who couldn't defend themselves; and WHEREAS, after serving his first tour of duty in Iraq, LCPL Seth Sharp was deployed to Afghanistan with Company E of the 2nd Battalion, 8th Marines; and WHEREAS, as Seth and his Platoon were suppressing the enemy with rifle and machine gun fire, in a push to take the Helmand Valley back from the Taliban; and, while performing his duties in a most heroic and dedicated manner, he was killed in action on July 2, 2009; and FRIDAY, MARCH 26, 2010 1735 WHEREAS, for his selfless dedication he was awarded the Purple Heart, the War on Terrorism medal, the National Defense Medal, the Iraq Campaign medal, and the Afghanistan Campaign medal, among many other subsequent awards; and WHEREAS, this courageous marine, in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service, and in the spirit of humanity strived to keep the peace in Iraq and Afghanistan with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world; and WHEREAS, it is only fitting and proper that a lasting memorial to LCPL Seth Sharp's life of service to his country be established. PART II WHEREAS, First SGT John David Blair was the First Sergeant with Company A of the Georgia National Guard's 48th Brigade Combat Team, 1st Battalion 121st Infantry unit; and WHEREAS, First SGT John David Blair was killed in action at Mado Zayi, Afghanistan, when a rocket-propelled grenade struck his vehicle; and WHEREAS, he received many medals and commendations during his military career, including the Bronze Star and the Purple Heart; and WHEREAS, this courageous soldier, in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and in the spirit of humanity strived to keep the peace in Afghanistan with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART III WHEREAS, Lance Cpl. Kristopher Cody Warren was a native of Resaca, Georgia, and was assigned to the 14th Marine Regiment; and WHEREAS, he was killed in Iraq on November 10, 2006, in a noncombat incident; and 1736 JOURNAL OF THE HOUSE WHEREAS, he was a 2005 graduate of Gordon Central High School, where he was active in the marching band and chorale; and WHEREAS, he had a deep love for his country and the men he served with and wanted to make a difference in this world; and WHEREAS, it is only fitting and proper that a lasting memorial to Lance Cpl. Warren's life of service to his country be established. PART IV WHEREAS, SGT Jeffery Jordan was a member of the Georgia National Guard's 1st Battalion, 108th Reconnaissance, Surveillance and Target Acquisition Squadron, 48th Infantry Brigade Combat Team serving in Afghanistan; and WHEREAS, SGT Jeffery Jordan was killed in action on June 4, 2009; and WHEREAS, SGT Jordan was posthumously awarded the Bronze Star and the Purple Heart; and WHEREAS, this courageous soldier, in the spirit of the American patriot, volunteered to confront the dangers, privations, and discomforts of wartime service and in the spirit of humanity strived to keep the peace in Afghanistan with fortitude and steadfast resolve, making us as a nation truly proud; and WHEREAS, all Americans owe a debt of gratitude to the men and women of our armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world. PART V NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby join in honoring the life and memory of LCPL Seth Sharp, and hereby dedicate the intersection of US 41 and SR 140 in Bartow County as the LCPL Seth Sharp Memorial Intersection. BE IT FURTHER RESOLVED that the members of this body hereby join in honoring the life and memory of First SGT John David Blair and dedicate the intersection of US 41 and SR 53 in Gordon County as the First SGT John David Blair Memorial Intersection. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Lance Cpl. Kristopher Cody Warren and dedicates the portion of SR 136 beginning at its intersection with US 41 and ending at its intersection with SR 225 as the Cody Warren Memorial Highway. FRIDAY, MARCH 26, 2010 1737 BE IT FURTHER RESOLVED that the members of this body hereby join in honoring the life and memory of SGT Jeffery Jordan and dedicate the intersection of SR 140 and US 27 in Floyd County as the SGT Jeffery Jordan Memorial Intersection. 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, the family of LCPL Seth Sharp, the family of First SGT John David Blair, the family of Lance Cpl. Warren, and the family of SGT Jeffery Jordan. 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Fludd E Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton E Hanner 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Marin Y Martin Maxwell Y May E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Powell, J Y Pruett Y Purcell E Ramsey Y Randall Reece Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A 1738 JOURNAL OF THE HOUSE Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Harbin Y Harden, B Harden, M Y Hatfield E Heard E Heckstall Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, by substitute, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Ralston of the 7th would like to be recorded as voting "aye" on HR 1686. 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 "aye" thereon. Representative Parsons of the 42nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House: HB 1233. By Representatives Lunsford of the 110th, Hamilton of the 23rd, Bearden of the 68th, Oliver of the 83rd, Mosby of the 90th and others: 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 Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Rule 133, Representative Horne of the 71st was excused from voting on HB 1233. On the motion, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams N Allison Y Amerson N Anderson N Ashe N Austin N Crawford N Davis N Dawkins-Haigler Day N Dempsey Dickson N Dobbs N Hembree N Henson N Hill, C N Hill, C.A N Holt Horne N Houston N Marin Martin N Maxwell Y May E Mayo McCall N McKillip Y Scott, M N Sellier Y Setzler Shaw N Sheldon N Sims, B N Sims, C FRIDAY, MARCH 26, 2010 1739 N Baker N Barnard Y Battles Bearden E Beasley-Teague N Bell N Benfield N Benton E Black N Brooks N Bruce N Bryant N Buckner E Burkhalter N Burns Y Butler N Byrd Carter N Casas Y Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins, D N Collins, T Cooper N Cox N Dodson Y Dollar N Dooley N Drenner N Dukes N Ehrhart N England N Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon N Greene N Hamilton E Hanner Y Harbin N Harden, B N Harden, M N Hatfield E Heard E Heckstall N Howard E Hudson N Hugley N Jackson N Jacobs E James N Jerguson N Johnson N Jones, J N Jones, S N Jordan N Kaiser N Keen Y Keown Y Kidd N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey N Long Loudermilk Lucas N Lunsford N Maddox, B N Maddox, G N Mangham N Manning Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal N Nix N Oliver N O'Neal N Parrish Y Parsons N Peake N Porter N Powell, A Y Powell, J Y Pruett N Purcell E Ramsey N Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A N Sinkfield Y Smith, B N Smith, E N Smith, K Smith, L N Smith, R N Smith, T N Smyre N Stephens, M N Stephens, R N Stephenson N Stout N Talton N Taylor N Teilhet N Thomas N Thompson VACANT N Walker Y Weldon N Wilkinson Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the motion, the ayes were 28, nays 125. The motion was lost. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1364. By Representative Rogers of the 26th: 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 Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances; to provide for legislative intent; to provide for definitions; to provide for exceptions to certain provisions relative to the liability of the pool and the filing of claims with the pool; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1740 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 Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Chambers Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper N Cox Y Crawford Y Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard E Heckstall N Hembree Y Henson N Hill, C Y Hill, C.A Y Holt N Horne Houston Y Howard E Hudson N Hugley Y Jackson N Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Marin Y Martin N Maxwell N May E Mayo Y McCall Y McKillip Meadows Y Millar Y Mills Y Mitchell Y Morgan Morris Y Mosby N Murphy Neal Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey 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 Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker N Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 130, nays 23. The Bill, having received the requisite constitutional majority, was passed. Representatives Reese of the 98th and Scott of the 2nd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon. FRIDAY, MARCH 26, 2010 1741 Representative Cooper of the 41st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. 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. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Marin Y Martin Y Maxwell May E 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix 1742 JOURNAL OF THE HOUSE Y Cooper Cox E Heard E Heckstall Y Mangham Y Manning Y Rynders Scott, A Y Yates Ralston, Speaker On the adoption of the Resolution, the ayes were 160, nays 1. The Resolution, having received the requisite constitutional majority, was adopted. 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. Due to a mechanical malfunction, the votes of Representatives Cox of the 102nd and Scott of the 153rd were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1402. By Representatives O`Neal of the 146th and Talton of the 145th: A BILL to be entitled an Act to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for deferment of repayment for Peace Corps volunteers for recipients of certain service cancelable loans in the engineering field; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the 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 N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Hembree Y Henson Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Marin Y Martin Y Maxwell Y May E 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 Parrish N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout Y Talton FRIDAY, MARCH 26, 2010 1743 E Burkhalter Y Burns Y Butler Byrd Y Carter 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 Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard E Heckstall Y Keown N Kidd 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 Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Roberts Y Rogers Y Rynders Y Scott, A Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 155, nays 7. The Bill, having received the requisite constitutional majority, was passed. Representatives Hill of the 21st and Roberts of the 154th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1343. By Representatives Powell of the 171st, Smith of the 131st, Chambers of the 81st, Martin of the 47th and Collins of the 27th: A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings for and determinations of probation in criminal cases, so as to change the amount of certain fees charged to probationers; to change provisions relating to the waiver of such fees under certain circumstances and sanctions for failure to pay fees; to provide for the mandatory nature of fees charged to defendants sentenced to day reporting centers as a condition of probation; 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 42-8-34 of the Official Code of Georgia Annotated, relating to hearings for and determinations of probation in criminal cases, so as to change the amount of certain fees charged to probationers; to change provisions relating to the waiver of such fees under certain circumstances and sanctions for failure to pay fees; to provide for the mandatory nature of fees charged to defendants sentenced to day 1744 JOURNAL OF THE HOUSE reporting centers as a condition of probation; 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 hearings for and determinations of probation in criminal cases, is amended by revising subsection (d) 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 $30.00 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. The sentencing court shall impose sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings unless payment has been waived by the department. 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 17-1513, 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 shall 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 FRIDAY, MARCH 26, 2010 1745 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, 2010, and shall apply with respect to sentences entered on or after that effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 N Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler N Byrd N Carter N Casas Y Chambers Channell N Cheokas Y Coan N Cole Y Coleman N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs N Dodson N Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt N Horne N Houston N Howard E Hudson N Hugley Y Jackson Y Jacobs E James N Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Kidd Y Knight N Knox Y Lane, B N Lane, R Y Levitas Y Lindsey N Long Loudermilk N Lucas N Lunsford N Marin Y Martin Y Maxwell May E Mayo Y McCall N McKillip Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Peake N Porter Y Powell, A Y Powell, J Y Pruett Purcell E Ramsey N Randall N Reece N Reese Y Rice N Scott, M N Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L Y Smith, R N Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT N Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M 1746 JOURNAL OF THE HOUSE Y Collins, D N Collins, T Y Cooper Cox N Harden, M N Hatfield E Heard E Heckstall Y Maddox, B Y Maddox, G N Mangham Y Manning Y Roberts Y Rogers N Rynders Y Scott, A N Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 72, nays 89. The Bill, having failed to receive the requisite constitutional majority, was lost. 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 161. By Senators Grant of the 25th, Williams of the 19th, Johnson of the 1st, Thomas of the 54th, Cowsert of the 46th 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. SB 362. By Senators Weber of the 40th and Seabaugh of the 28th: A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to eliminate provisions stating that a mechanic or materialman who has executed a waiver and release upon payment shall be presumed to have received payment if the mechanic or materialman does not file an affidavit of nonpayment within a certain period of time; to eliminate other provisions relative to the affidavit of nonpayment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th: FRIDAY, MARCH 26, 2010 1747 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 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. SB 451. By Senators Sims of the 12th, Unterman of the 45th, Hooks of the 14th, Crosby of the 13th, Jackson of the 2nd and others: A BILL to be entitled an Act to amend Code Section 20-1A-13 of the Official Code of Georgia Annotated, relating to the emergency placement of monitors in early care and education programs, so as to provide for certain procedures subsequent to a death occurring in a family day-care home, group day-care home, or a day-care center; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 456. By Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th: A BILL to be entitled an Act to amend Chapter 61 of Title 36 of the Official Code of Georgia Annotated, relating to urban redevelopment, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 490. By Senators Tolleson of the 20th and Bulloch of the 11th: 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 amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; 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 889. By Representatives Walker of the 107th, Bearden of the 68th, Coan of the 101st and Levitas of the 82nd: 1748 JOURNAL OF THE HOUSE A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes; to change and provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, so as to limit recognizance bonds for persons charged with certain crimes and entering pretrial release, pretrial intervention, or pretrial diversion programs; to change and 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 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions for bonds and recognizances, is amended by revising subsection (i) of Code Section 17-6-1, relating to where offenses are bailable and the procedure, as follows: "(i) As used in this Code section, the term 'bail' shall include the releasing of a person on such person's own recognizance, except as limited by the provisions of Code Section 17-6-12." SECTION 2. Said article is further amended by revising Code Section 17-6-12, relating to the discretion of the court to release persons charged with a crime on the person's own recognizance only, as follows: "17-6-12. (a) As used in this Code section, the term 'bail restricted offense' means the person is charged with: (1) A serious violent felony as such term is defined in Code Section 17-10-6.1; or (2) A felony offense of: (A) Aggravated assault; (B) Aggravated battery; (C) Hijacking a motor vehicle (D) Aggravated stalking; (E) Child molestation; (F) Enticing a child for indecent purposes; (G) Pimping; FRIDAY, MARCH 26, 2010 1749 (H) Robbery; (I) Bail jumping; (J) Escape; (K) Possession of a firearm or knife during the commission of or attempt to commit certain crimes; (L) Possession of firearms by convicted felons and first offender probationers; (M) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (N) Participating in criminal street gang activity; (O) Habitual violator; or (P) Driving under the influence of alcohol, drugs, or other intoxicating substances. (b) A person charged with a bail restricted offense shall not be released on bail on his or her own recognizance for the purpose of entering a pretrial release program, a pretrial release and diversion program, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or Article 5 of Chapter 8 of Title 42, or pursuant to Uniform Superior Court Rule 27. (c) Except as provided in subsection (b) of this Code section and in In addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person upon his or her own recognizance only. (b)(d) Upon the failure of a person released on his or her own recognizance only to appear for trial, if the release is not otherwise conditioned by the court, the court may summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Representative Mills of the 25th moved the previous question. Representative Willard of the 49th moved that HB 889 be placed upon the table. On the motion, 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 N Baker N Barnard Y Battles N Bearden E Beasley-Teague Crawford N Davis Y Dawkins-Haigler Day N Dempsey N Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner Y Dukes N Hembree Y Henson Y Hill, C N Hill, C.A N Holt N Horne Y Houston N Howard E Hudson Y Hugley Y Jackson Y Jacobs Y Marin N Martin N Maxwell N May E Mayo Y McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Scott, M N Sellier N Setzler Y Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L 1750 JOURNAL OF THE HOUSE Y Bell Y Benfield N Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter N Burns N Butler N Byrd Y Carter N Casas N Chambers Channell N Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Y Cooper N Cox Y Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton N Golick Y Gordon N Greene N Hamilton E Hanner N Harbin N Harden, B N Harden, M N Hatfield E Heard N Heckstall E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown N Kidd N Knight Y Knox N Lane, B Y Lane, R N Levitas N Lindsey N Long N Loudermilk Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham N Manning N Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal N Parrish N Parsons N Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Purcell E Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A N Smith, R N Smith, T Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Stout N Talton Y Taylor N Teilhet Y Thomas N Thompson VACANT N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 74, nays 89. The motion was lost. Representative Mills of the 25th withdrew his motion for the previous question. The Committee substitute was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes Y Hembree N Henson Y Hill, C N Hill, C.A Y Holt Y Horne N Houston N Howard E Hudson Y Hugley N Jackson N Jacobs Marin Y Martin Y Maxwell Y May E Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L FRIDAY, MARCH 26, 2010 1751 N Bell N Benfield Y Benton E Black N Brooks N Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Greene Y Hamilton E Hanner Y Harbin Y Harden, B Harden, M N Hatfield E Heard N Heckstall E James Y Jerguson Y Johnson Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen N Keown Y Kidd N Knight N Knox Y Lane, B N Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas Lunsford N Maddox, B Y Maddox, G N Mangham N Manning Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A N Powell, J Pruett Y Purcell E Ramsey Y Randall N Reece Y Reese N Rice Y Roberts Y Rogers Y Rynders N Scott, A Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor Y Teilhet N Thomas Y Thompson VACANT Y Walker N Weldon Y Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 105, nays 56. The Bill, having received the requisite constitutional majority, was passed, by substitute. 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 "aye" thereon. HB 1198. By Representative Manning of the 32nd: A BILL to be entitled an Act to amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, so as to change the definition of taxable nonresident; 1752 JOURNAL OF THE HOUSE to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-7-1 of the Official Code of Georgia Annotated, relating to definitions regarding income taxes, is amended by revising paragraph (11) as follows: "(11) 'Taxable nonresident' means: (A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not or casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident of another state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00; (B) Every individual who is not otherwise a resident of this state for income tax purposes and who sells, exchanges, or otherwise disposes of tangible property which at the time of the sale, exchange, or other disposition has a taxable situs within this state or who sells, exchanges, or otherwise disposes of intangible personal property which has acquired at the time of the sale, exchange, or other disposition a business or commercial situs within this state; (C) Every individual who is not otherwise a resident of this state for income tax purposes and who receives the proceeds of any lottery prize awarded by the Georgia Lottery Corporation; and (D) Every individual who is not a resident of this state for income tax purposes and who makes a withdrawal as provided for in paragraph (10) of subsection (b) of Code Section 48-7-27; and (E) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly or casually or intermittently engaged in a prior year within this state, by himself or herself, in activity for financial gain or profit and who receives income from such activity in the form of deferred compensation or income from the exercise of stock options and such income exceeds the lesser of 5 percent of the income received by the person in all places during the taxable year or $5,000.00; provided, however, that this subparagraph shall not apply in the case of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law." FRIDAY, MARCH 26, 2010 1753 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, 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: Y Abdul-Salaam Y Abrams Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Collins, D Y Collins, T Y Cooper Y Cox Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner 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 Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y 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 E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 1754 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 158, nays 3. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Benton of the 31st moved that the Rules be temporarily suspended so that a Bill could be introduced, read for the first time and referred to Committee. 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 E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N 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 E James Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Kidd 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 Mangham Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall McKillip Meadows Y Millar Y Mills Mitchell N Morgan Y Morris Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey N 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 Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix N Yates Ralston, Speaker On the motion, the ayes were 103, nays 51. The motion was lost. FRIDAY, MARCH 26, 2010 1755 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 Benton of the 31st moved that the House reconsider its action in failing to temporarily suspend the Rules so that a Bill could be introduced, read for the first time and referred to Committee. 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 N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley N Drenner Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton Y Gardner Y Geisinger N Glanton Y Golick N Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N 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 E James Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Kidd 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 N Marin Y Martin Y Maxwell Y May N Mayo Y McCall 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix N Yates Ralston, Speaker On the motion, the ayes were 108, nays 52. The motion prevailed. 1756 JOURNAL OF THE HOUSE Representative Benton of the 31st moved that the Rules be temporarily suspended so that a Bill could be introduced, read for the first time and referred to Committee. 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 Bell N Benfield Y Benton E Black N Brooks N Bruce N Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dodson Y Dollar N Dooley Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson Y Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N 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 E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Yates Ralston, Speaker On the motion, the ayes were 110, nays 52. The motion was lost. 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 1405. By Representatives O`Neal of the 146th, Ralston of the 7th, Keen of the 179th, Jones of the 46th, Bryant of the 160th and others: FRIDAY, MARCH 26, 2010 1757 A BILL to be entitled an Act to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: A BILL To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the 2010 Special Council on Tax Reform and Fairness for Georgians and the Special Joint Committee on Georgia Revenue Structure; to state legislative findings and intent; to make provisions relative to legislative procedure for consideration of legislation recommended by the council and the special joint committee; to provide for related matters; to provide for automatic repeal; 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 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new chapter to read as follows: "CHAPTER 12 28-12-1. (a) The General Assembly finds and determines that: (1) It has been many years since there has been any systematic study of the State of Georgia's revenue structure, and there exists a need for such study today; (2) Such study and the formulation of recommendations for tax structure changes which may be recommended as a result can be best carried out through the council established by this chapter; and (3) Enactment of the recommendations from such process, if deemed appropriate at the 2011 session of the General Assembly, may be best carried out through a deliberative and specific legislative process. (b) It is the intention of the General Assembly that: (1) The 2010 Special Council on Tax Reform and Fairness for Georgians created in Code Section 28-12-2 shall during 2010 conduct a thorough study of the state's current revenue structure and make a report of its findings and recommendations for 1758 JOURNAL OF THE HOUSE legislation to the Speaker of the House and the Lieutenant Governor no later than January 10, 2011; (2) The Special Joint Committee on Georgia Revenue Structure created in Code Section 28-12-3 shall during the 2011 legislative session cause to be introduced in the House of Representatives one or more bills or resolutions incorporating without significant changes the recommendations of the council, and such legislation shall, after its introduction, be referred directly and only to the special joint committee; (3) If the special joint committee recommends that one or more bills or resolutions referred to it do pass or do pass by committee substitute, the measure or measures recommended by the special joint committee shall then be in order for consideration only by the House of Representatives at any time fixed by the Speaker of the House. Any such bill or resolution shall be reported directly to the floor of the House and shall receive an up or down vote as reported from the special joint committee without amendment; (4) If one or more bills or resolutions referred by the special joint committee are passed by the House of Representatives, the measure or measures shall then be in order for consideration only by the Senate at any time fixed by the President of the Senate. Any such bill or resolution shall be reported directly to the floor of the Senate and shall receive an up or down vote as reported from the House without amendment; (5) Any bills or resolutions considered as provided for in this Code section shall be read three times on three separate days in each house and shall be considered in compliance with all other requirements of the Constitution; (6) The rules of the Senate and the House of Representatives for the 2011 legislative session may, as adopted or as amended, contain such provisions as may be necessary or appropriate to comply with the legislative process specified by this Code section. 28-12-2. (a) There is created the 2010 Special Council on Tax Reform and Fairness for Georgians which shall consist of 12 members as follows: (1) Four economists: Dr. David Sjoquist of Georgia State University, Dr. Jeffrey Humphreys of the University of Georgia, Dr. Roger Tutterow of Mercer University, and Dr. Christine Ries of Georgia Tech; (2) Governor Sonny Perdue; (3) Former Governor, Lieutenant Governor, and United States Senator Zell Miller; (4) The 2010 chairperson of the Georgia Chamber of Commerce and the 2010 Georgia chairperson of the National Federation of Independent Business; and (5) Two members appointed by the Lieutenant Governor and two members appointed by the Speaker of the House. (b) Any member of the council unable to serve shall be replaced at the discretion of the Speaker of the House and the Lieutenant Governor; (c) All departments and agencies of the state, including the Department of Revenue, shall, upon request of the council or the Governor, provide requested services, FRIDAY, MARCH 26, 2010 1759 information, and staff support for the council, notwithstanding any other law to the contrary. (d) Members of the council shall receive no compensation for their services, except that any members who are state officers or employees may be reimbursed for expenses incurred in the performance of their duties by the agency or department in which they serve as an officer or employee. 28-12-3. (a) There is created the Special Joint Committee on Georgia Revenue Structure which shall consist of 12 members as follows: (1) The President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; (2) The majority leader of the Senate and the majority leader of the House of Representatives; (3) The minority leader of the Senate and the minority leader of the House of Representatives; (4) The chairpersons of the Senate Finance Committee and the House Committee on Ways and Means; (5) Two members of the Senate to be appointed by the President of the Senate, one from the majority party and one from the minority party; and (6) Two members of the House of Representatives to be appointed by the Speaker of the House, one from the majority party and one from the minority party. (b) The chairpersons of the Senate Finance Committee and the House Committee on Ways and Means shall serve as co-chairpersons of the special joint committee. 28-12-4. This chapter shall stand repealed by operation of law on July 1, 2012." 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 Keen of the 179th and Ralston of the 7th move to amend the substitute to HB 1405 (LC 18 9150S) by substituting "11" for "12" on line 52; By deleting line 57; By substituting "(3)" for "(4)" on line 58; 1760 JOURNAL OF THE HOUSE By substituting "(4)" for "(5)" on line 60. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce Y Bryant N Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes Y 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 N Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown N Kidd 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 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey N 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 Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 55. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. FRIDAY, MARCH 26, 2010 1761 Representatives Dobbs of the 53rd 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 "nay" thereon. House of Representatives Atlanta, Georgia HB 1405 contains an unconstitutional delegation of legislative power to an unelected council, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 The Speaker announced the House in recess until 2:00 o'clock, this afternoon. 1762 JOURNAL OF THE HOUSE 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 496. By Senators Hill of the 4th, Seabaugh of the 28th, Harp of the 29th, Douglas of the 17th, Smith of the 52nd and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to establish the HOPE needs based scholarship; to provide for a definition; to provide for eligibility requirements; to provide for scholarship amounts; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 512. By Senator Hill of the 4th: 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 provide the state revenue commissioner with the authority to collect sales and use taxes from businesses that may otherwise not be obligated to collect and remit such taxes; 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 bills of the House: HB 964. By Representative Lane of the 167th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for McIntosh County, approved April 4, 1997 (Ga. L. 1997, p. 3861); to specify the vehicle registration period for McIntosh County; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1763 HB 1210. By Representatives Stephens of the 164th and Lane of the 158th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, particularly by an Act approved March 30, 1971 (Ga. L. 1971, p. 2337), so as to provide that the board shall prescribe by resolution the time, place, and dates for its regular meetings; to provide for called meetings and special sessions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1254. By Representatives Purcell of the 159th, Day of the 163rd and Stephens of the 164th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Pooler, approved May 17, 2004 (Ga. L. 2004, p. 3726), so as to provide for four-year terms for the mayor and councilmembers; to provide for a referendum; to repeal conflicting laws; and for other purposes. The following Resolutions of the House were read and referred to the Committee on Rules: HR 1860. By Representative Ralston of the 7th: A RESOLUTION commending Ms. Jennifer Nettles and inviting her to be recognized by the House of Representatives; and for other purposes. HR 1861. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th and Dawkins-Haigler of the 93rd: A RESOLUTION commending Mr. Michael W. Breedlove and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1862. By Representatives Collins of the 95th, Ralston of the 7th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd and Mangham of the 94th: A RESOLUTION recognizing and commending Mr. Willie Brown and inviting him to be recognized by the House of Representatives; and for other purposes. HR 1863. By Representative O`Neal of the 146th: A RESOLUTION inviting W. Daniel Ebersole to be recognized by the House of Representatives; and for other purposes. 1764 JOURNAL OF THE HOUSE HR 1864. By Representative Keen of the 179th: A RESOLUTION commending Georgia Institute of Technology Football Head Coach Paul Johnson on being named the 2009 Atlantic Coast Conference Coach of the Year and inviting him to be recognized by the House of Representatives; and for other purposes. The following Resolutions of the House were read and adopted: HR 1827. By Representatives Frazier of the 123rd, Howard of the 121st, Brooks of the 63rd, Williams of the 89th, Jackson of the 142nd and others: A RESOLUTION honoring the life and memory of Mrs. Madeline Spann Freeman; and for other purposes. HR 1828. By Representative Ralston of the 7th: A RESOLUTION recognizing and commending Gilmer High School's Coach Herb Horton; and for other purposes. HR 1829. By Representative McCall of the 30th: A RESOLUTION honoring the life and memory of Mr. Adger Moore, Sr.; and for other purposes. HR 1830. By Representative Sheldon of the 105th: A RESOLUTION recognizing and commending Miss Dacula Sweetheart 2009 Brittany Cairer; and for other purposes. HR 1831. By Representatives Morgan of the 39th, Taylor of the 55th and Ashe of the 56th: A RESOLUTION recognizing and commending Mr. Tony Torrence; and for other purposes. HR 1832. By Representative Kaiser of the 59th: A RESOLUTION recognizing and commending the Black Crowes; and for other purposes. HR 1833. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: FRIDAY, MARCH 26, 2010 1765 A RESOLUTION recognizing and commending Georgia's African American Horse Council Rodeo Cowboy, Mr. Kevias Walker; and for other purposes. HR 1834. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Rodeo Cowboy, Mr. Anthony Monts; and for other purposes. HR 1835. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Rodeo Cowboy, Mr. Reese Queen; and for other purposes. HR 1836. By Representatives Benton of the 31st, Smith of the 113th, England of the 108th, Powell of the 29th, McCall of the 30th and others: A RESOLUTION recognizing and commending the Brigadier General T.R.R. Cobb Camp #97 of the Sons of Confederate Veterans on the occasion of its 25th anniversary; and for other purposes. HR 1837. By Representatives Hugley of the 133rd, Smyre of the 132nd, Buckner of the 130th, Smith of the 129th and Smith of the 131st: A RESOLUTION recognizing and commending Reverend Robert L. Holston on the occasion of his 40th pastoral anniversary; and for other purposes. HR 1838. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. "Big" Rick Reeves; and for other purposes. HR 1839. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowgirl, Ms. Stephanie Williams; and for other purposes. 1766 JOURNAL OF THE HOUSE HR 1840. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowgirl, Ms. Stephanie Reid; and for other purposes. HR 1841. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. James Harold Robinson; and for other purposes. HR 1842. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Ted Story; and for other purposes. HR 1843. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Dorsey "Fox" Solomon; and for other purposes. HR 1844. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Cecil White; and for other purposes. HR 1845. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. William Ray Higginbottom; and for other purposes. FRIDAY, MARCH 26, 2010 1767 HR 1846. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowgirl, Ms. Ruby Johnson; and for other purposes. HR 1847. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Thad Reye Heard; and for other purposes. HR 1848. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Jessie Davis; and for other purposes. HR 1849. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Clifton Ford; and for other purposes. HR 1850. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Reginald "Ray Ray" Gates; and for other purposes. HR 1851. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowgirl, Ms. Yvonne Edwards; and for other purposes. 1768 JOURNAL OF THE HOUSE HR 1852. By Representatives Collins of the 95th, Smith of the 122nd, Greene of the 149th, Mangham of the 94th, Dawkins-Haigler of the 93rd and others: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Lawrence Henderson; and for other purposes. HR 1853. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Daryl Brown; and for other purposes. HR 1854. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Joey Cameron; and for other purposes. HR 1855. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Julius Mitchell; and for other purposes. HR 1856. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Daymetrie D. Williams; and for other purposes. HR 1857. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Dawkins-Haigler of the 93rd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Willie Joe Johnson; and for other purposes. FRIDAY, MARCH 26, 2010 1769 HR 1858. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Dawkins-Haigler of the 93rd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Jerome Lawrence; and for other purposes. HR 1859. By Representatives Collins of the 95th, Smith of the 122nd, Mangham of the 94th, Stephenson of the 92nd and Williams of the 89th: A RESOLUTION recognizing and commending Georgia's African American Horse Council Community Advocate Cowboy, Mr. Charles "Chucky" Brown; 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 1268. By Representative Knox of the 24th: A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by revising Code Section 33-24-21.1, relating to conversion privilege and continuation right provisions for group accident and sickness insurance, as follows: 1770 JOURNAL OF THE HOUSE "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 and as extended by the Department of Defense Appropriations Act of 2010. (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 (L) A Peace Corps Act health benefit plan. (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. (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. (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 FRIDAY, MARCH 26, 2010 1771 group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (6) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (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), as amended, 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 15 additional policy months upon payment of the premium to the insurer by cash, certified check, or money order, 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. An assistance eligible individual who is in a transition period as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, shall be treated for purposes of any COBRA continuation provision as having timely paid such premium if such individual was covered under the COBRA continuation coverage to which such premium relates for the period immediately preceding such transition period and such individual pays the amount of such premium not later than 60 days after December 19, 2009, or 30 days after the date of provision of the notification required by Section 1010 of the Department of Defense Appropriations Act, 2010, whichever is later. 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), as amended, 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. 1772 JOURNAL OF THE HOUSE (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), as amended, 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 expiration of the premium subsidy made available to individuals pursuant to Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) and the Department of Defense Appropriations Act of 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. The period of continuation of coverage for an assistance eligible individual shall continue for the fractional policy month remaining, if any, at termination plus 15 additional policy months upon payment of the premium as specified in subsection (a.1) of this Code section. 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 time between May 5, 2009, and 60 days after receiving notice from the employer's FRIDAY, MARCH 26, 2010 1773 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), as amended if: (A) The individual was involuntarily terminated from employment between September 1, 2008, and February 17, 2009 28, 2010, as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended; (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 15 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), as amended. (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. 1774 JOURNAL OF THE HOUSE (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 FRIDAY, MARCH 26, 2010 1775 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 1776 JOURNAL OF THE HOUSE 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) 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, 2009, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 2009. FRIDAY, MARCH 26, 2010 1777 (2) The provisions of paragraphs (1), (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. (l) As soon as practicable, but no later than June 4, 2009, 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 or extensions to that Act which are enacted on and after May 5, 2009." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Bryant Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 Hembree Y Henson Y Hill, C Y Hill, C.A Holt Y Horne Y Houston Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Jordan Y Kaiser Y Marin Martin Y Maxwell Y May E Mayo Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Scott, M Y Sellier E Setzler Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Smith, B Y Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout 1778 JOURNAL OF THE HOUSE Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Casas Y 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 Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Keen Y Keown Y Kidd 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Rynders Y Scott, A Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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 Howard of the 121st, Jordan of the 77th and Maddox of the 127th stated that 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 1055. By Representatives Levitas of the 82nd, Rice of the 51st, Ramsey of the 72nd and Cole of the 125th: 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 the fees for issuance of temporary licenses or identification cards; to change the fees and terms for certain permanent commercial and noncommercial drivers' licenses and identification cards; 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 provisions of the Official Code of Georgia Annotated relating to fees; to change the amount of the fees; to provide for new fees; to change fees and certain other provisions regarding special license plates; to change fees and certain other provisions regarding bona fide coin operated amusement machines; to correct cross-references in the Official Code of Georgia Annotated; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. FRIDAY, MARCH 26, 2010 1779 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-1-5, relating to license fees for grain dealers, commercial feed dealers, and grain warehousemen, as follows: "2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $2,000.00 less than $1,500.00." SECTION 2. Said Title 2 is further amended by revising Code Section 2-2-8.1, relating to the Farmers and Consumers Market Bulletin, as follows: "2-2-8.1. The Commissioner is authorized to publicize and request, by means of publication of appropriate notices in the Farmers and Consumers Market Bulletin, contributions to be used exclusively collect subscription fees of $10.00 per year for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin and subscription fees of $20.00 per year for the Poultry Market News. Any voluntary contribution made subscription fee collected for such purpose shall be received by the Commissioner, shall be separately accounted for, need not and shall be deposited in the state treasury, and shall be used and expended solely for the purpose donated." SECTION 3. Said Title 2 is further amended by revising subsection (f) of Code Section 2-7-55, relating to registration of pesticides, as follows: "(f) The applicant desiring to register a pesticide shall pay an annual registration fee to the Commissioner for each pesticide registered for such applicant. The amount of such fee shall be established by the Commissioner in an amount not to exceed less than $100.00 per annum. All such registrations shall expire on December 31 of any one year, provided that if the Commissioner adopts a multiple-year registration period, the annual registration fee per product shall be compounded for the number of years included in the multiple-year registration. A registration for a special local need pursuant to subsection (i) of this Code section which is disapproved by the administrator of the Environmental Protection Agency shall expire on the effective date of the administrator's disapproval." SECTION 4. Said Title 2 is further amended by revising subsection (b) of Code Section 2-7-57, relating to licensing of restricted use pesticide dealers, as follows: "(b) Application for a license shall be accompanied by a $15.00 $55.00 annual license fee, shall be on a form prescribed by the Commissioner, and shall include the full name 1780 JOURNAL OF THE HOUSE of the person applying for such license. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officers of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner." SECTION 5. Said Title 2 is further amended by revising paragraph (1) of subsection (a) and subparagraph (b)(2)(C) of Code Section 2-7-99, relating to a pesticide contractor's license, as follows: "(1) Required; additional requirement; fee. No person shall engage in the business of contracting for the application of any pesticide to the lands of another within this state at any time without a pesticide contractor's license issued by the Commissioner for each business location. In addition to the pesticide contractor's license, each business location must maintain, in full-time employment during all periods of operation, at least one certified commercial pesticide applicator. The Commissioner shall require an annual fee of $15.00 $55.00 for each pesticide contractor's license issued." "(C) Issuance; fees; renewal. If the Commissioner finds the applicant qualified to apply pesticides in the classification or classifications he or she has applied for, the Commissioner shall issue a certified commercial pesticide applicator's license. Effective August 21, 1980, all new certified commercial pesticide applicator licenses shall be issued for a period of five years from the date of certification. The fee for the five-year license shall be $25.00 $90.00. Licenses shall be subject to renewal on the day following expiration, based on such recertification requirements as the Commissioner may establish by regulation, provided that all such licenses previously issued on an annual basis and expiring December 31, 1980, shall be renewable January 1, 1981, for the remaining portion of their five-year certification period. Fees for such license renewals shall be: Expiration Date of Current Certification 1982 1983 1984 1985 February 20 $____ $11.00 $16.00 $21.00 April 20 ____ 12.00 17.00 21.00 June 20 ____ 13.00 18.00 23.00 August 20 ____ 14.00 19.00 24.00 October 20 10.00 15.00 20.00 ____ December 20 10.00 15.00 20.00 ____ " SECTION 6. Said Title 2 is further amended by revising Code Section 2-9-33, relating to licenses for grain dealers, as follows: FRIDAY, MARCH 26, 2010 1781 "2-9-33. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-36, he or she shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-34, a state license entitling the applicant to conduct business as a dealer in grain. A fee in an amount fixed The fee unless increased by rule or regulation of the Commissioner at not more than of $100.00 per annum shall be charged for such license. All such licenses shall be renewed annually on or before June 30. Any license which is not renewed on or before such date shall expire on June 30." SECTION 6.1. Said Title 2 is further amended by revising subsection (a) of Code Section 2-11-26, relating to licenses for retail and wholesale seed dealers, as follows: "(a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each point of sale, from which seed are sold, offered for sale, or exposed for sale. Out-of-state wholesale and retail seed dealers who sell or ship seed into this state shall obtain a license in the same manner. Such licenses shall be renewable in August of every third year following issuance. Seed dealer license fees shall be established $70.00 per license unless increased by rule promulgated under this article." SECTION 7. Said Title 2 is further amended by revising subsection (a) and paragraph (1) of subsection (c) of Code Section 2-12-4, relating to fertilizer licenses, as follows: "(a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $50.00 $100.00 per year, and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation." "(c)(1) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 $60.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $50.00 $60.00 shall be due each July 1." 1782 JOURNAL OF THE HOUSE SECTION 8. Said Title 2 is further amended by revising subsection (a) of Code Section 2-12-8, relating to fertilizer inspection fees, as follows: "(a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 30 60 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate." SECTION 9. Said Title 2 is further amended by revising Code Section 2-12-43, relating to licensing agricultural liming material, as follows: "2-12-43. (a)(1) Each person whose name appears on the label of an agricultural liming material or who is responsible for guaranteeing such liming material must obtain a lime license from the Commissioner before distributing such product in Georgia. (2) All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by or otherwise acceptable to the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00 $70.00. Thereafter, the license fee shall be based on the annual tonnage of liming materials sold in Georgia by the licensee in the previous 12 month period ending June 30, in accordance with the following: (A) A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming materials in this state; or (B) A $50.00 $70.00 annual fee for licensees having sales of less than 10,000 tons of liming materials in this state. A lime license must be renewed annually and fees shall be received by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. (b)(1) No licensee shall distribute in this state an agricultural liming material until such product is registered with the Commissioner by the licensee whose name appears on the label. An application for registration for each brand and product name of liming materials shall be made on forms furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name shall accompany the application. The registration fee shall be $50.00 $70.00 per product. Such fee shall be submitted with the registration, and a renewal fee of $50.00 $70.00 shall be due each July 1. If renewal registration fees are not received by July 1 of each calendar year, the registration fee shall increase in the manner prescribed in the rules and regulations. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registrations shall be considered permanent so long FRIDAY, MARCH 26, 2010 1783 as no changes or deviations are made in the labels of such products and so long as the registration fees are paid as specified in this article and the rules and regulations of the Commissioner. Such registrations may be canceled for cause, after due notice and hearing, for a violation of this article or any rules and regulations adopted by the Commissioner pursuant to this article. (2) A distributor shall not be required to register any brand of agricultural liming material which is already registered under this article by another person, provided the label does not differ in any respect." SECTION 10. Said Title 2 is further amended by revising subsection (c) of Code Section 2-12-73, relating to registration of soil amendments, as follows: "(c) The registration fee shall be $50.00 $55.00 per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date." SECTION 11. Said Title 2 is further amended by revising subsections (b) and (d) of Code Section 2-136, relating to a commercial feed license, as follows: "(b) All licenses shall expire on December 31 of each year. Licenses are not transferable and no credit or refund may be granted for licenses held for less than one full year. All commercial feed licenses must be renewed by January 1 of each year. The license fee shall be based upon the number of tons of commercial feed distributed in this state during the preceding 12 month period ending December 31, provided that tonnage of small-package products subject to registration as specified in subsection (d) of this Code section shall not be used in calculating the license fee due. The amount of the license fee shall be based upon the schedule as prescribed in the rules and regulations of the Commissioner but shall not be less than $50.00 $75.00 nor more than $1,000.00 per annum." "(d) No licensee shall distribute in this state a pet food or a specialty pet food in packages of ten pounds or less which has not been registered. The application for registration shall be submitted to the Commissioner on forms furnished by, or acceptable to, the Commissioner. All registrations expire on December 31 of each year. An annual registration fee of an amount prescribed in the rules and regulations of the Commissioner is due by January 1. Such registration fee shall be $25.00 $40.00 per product registered, provided that the total of all such registration fees shall not exceed $1,000.00 per annum for any licensee." SECTION 12. Said Title 2 is further amended by revising subsections (a) and (b) of Code Section 2-14102, relating to a license for timber preservative treating, as follows: "(a) Each person, firm, or corporation engaging in the business of treating timber or timber products with preservatives in this state shall secure an annual processor's 1784 JOURNAL OF THE HOUSE license from the Commissioner of Agriculture before such treatment is undertaken. The annual fee for this license shall be $25.00 $120.00. (b) Each person, firm, or corporation shipping into the state for sale or bringing into the state for sale any treated timber or timber products processed outside the state shall secure an annual dealer's license from the Commissioner. The annual fee for this license shall be $25.00 $120.00." SECTION 13. Said Title 2 is further amended by revising subsection (e) of Code Section 2-21-4, relating to registration of organic products, as follows: "(e) On and after January 1, 2003, no person shall produce, process, distribute, or handle in this state any advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product unless such person has first registered with the department; provided, however, that retail food sales establishments licensed under Article 2 of this chapter that do not process or repackage certified organic commodities shall be exempt from registration provisions set forth in this chapter. On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $25.00 $75.00 nor more than $500.00 per annum and may establish classes of certifying entities with different registration fees for each class." SECTION 14. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising subsection (a) of Code Section 4-4-82, relating to licenses for poultry dealers, brokers, and market operators, as follows: "(a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be a fee of $25.00 $35.00 per annum for such license." SECTION 15. Said Title 4 is further amended by revising subsection (b) of Code Section 4-10-5, relating to licensing of bird dealers, as follows: "(b) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses. The department shall fix fees for licenses so that the FRIDAY, MARCH 26, 2010 1785 revenue derived from licenses shall approximate the total direct and indirect costs of administering this chapter; but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00." SECTION 16. Said Title 4 is further amended by revising subsection (c) of Code Section 4-11-3, relating to licensing of pet dealers and kennel, stable, and animal shelter operators, as follows: "(c) Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct cost of administering this article. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00." SECTION 17. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising paragraph (2) of subsection (b) Code Section 7-1-1011, relating to fees paid by mortgage lenders and mortgage brokers, as follows: "(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 $10.00. 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." SECTION 18. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising paragraph (5) of Code Section 8-2-135, relating to licenses for manufacturers of manufactured homes, as follows: "(5) The license and renewal license fee shall be $300.00 $440.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $300.00 $440.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $200.00 $300.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee." 1786 JOURNAL OF THE HOUSE SECTION 19. Said Title 8 is further amended by revising subsection (a) of Code Section 8-2-135.1, relating to the payment of a manufacturing inspection fee by manufactured home manufacturers, as follows: "(a) During such time as the Commissioner's office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $20.00 $30.00 for each certification label, as defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $10.00 $15.00 additional fee shall be charged." SECTION 20. Said Title 8 is further amended by revising paragraph (1) of Code Section 8-2-161, relating to rules regulating installations of manufactured homes and mobile homes, as follows: "(1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $200.00 $300.00; and" SECTION 21. Said Title 8 is further amended by revising paragraph (2) of Code Section 8-2-164, relating to licensing installers of manufactured homes and mobile homes, as follows: "(2) In addition to the requirements of paragraph (1) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner. The cost of such permit shall be $40.00 $60.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation." SECTION 22. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-1-157, relating to inspections of samples of petroleum products, as follows: "10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or FRIDAY, MARCH 26, 2010 1787 analyzed by the state oil chemist. The state oil chemist shall certify, under oath, an analysis of each such sample and such certificate shall be competent evidence of the composition of such petroleum product in any legal proceeding. The Commissioner is authorized to collect a reasonable fee for each analysis performed, to be not less than $100.00 per test." SECTION 23. Said Title 10 is further amended by adding a new subsection to Code Section 10-1-159, relating to inspections of self-measuring pumps, as follows: "(g) The Commissioner shall collect a fee of $156.00 per gas sample inspected pursuant to this Code section." SECTION 24. Said Title 10 is further amended by repealing Code Section 10-1-161, relating to inspection of gasoline, and designating it as "Reserved." SECTION 25. Said Title 10 is further amended by revising Code Section 10-1-203, relating to evaluation of test reports of antifreeze offered for sale within this state, as follows: "10-1-203. Before any antifreeze shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a current certified test report thereof prepared by an independent laboratory recognized by the Department of Agriculture to do such testing must be submitted and evaluated under the supervision of the state oil chemist in the Department of Agriculture. Under Upon application of the manufacturer or packer or distributor, submission of container label, and the payment of a license fee of $25.00 $50.00 for each brand or type of antifreeze submitted, the state oil chemist shall evaluate the test report so submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Commissioner of Agriculture, and if the antifreeze is not a type or kind that is in violation of this part, the Commissioner shall issue the applicant a written license or permit authorizing the wholesale and retail sale by the applicant and by others of such antifreeze in this state for the fiscal year in which the license is issued, which license or permit shall be subject to renewal annually. If the Commissioner shall find at a later date that the antifreeze product or substance to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated or that a change has been made in the name, brand, or trademark under which the antifreeze is sold or that it violates this part, the Commissioner is authorized to revoke or suspend the license or permit issued under this part of the licensee found in violation of this part after notice and hearing before the Commissioner. No license or permit for the sale of antifreeze in this state shall be issued until the application, fee, and label submission have been made as provided by this part, the certified test report has been evaluated by the state oil chemist, and the 1788 JOURNAL OF THE HOUSE state oil chemist notifies the Commissioner of Agriculture that said antifreeze meets the requirements of this part." SECTION 26. Said Title 10 is further amended by revising Code Section 10-2-42, relating to licensing certified public weighers, as follows: "10-2-42. Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $5.00 $15.00 shall be paid to the Commissioner by each person so licensed at the time application is filed. A fee of $5.00 $15.00 shall be required for each renewal of a license as a certified public weigher. In addition thereto, the applicant shall pay the actual cost of seals required under this article." SECTION 27. Said Title 10 is further amended by revising subsection (a) of Code Section 10-4-12, relating to a warehouseman's bond, as follows: "(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 15 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00 $300,000.00." SECTION 28. Said Title 10 is further amended by revising Code Section 10-4-17, relating to licensing fees for warehouses, as follows: "10-4-17. Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or FRIDAY, MARCH 26, 2010 1789 regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The amount paid shall be based on storage capacity and shall be at least $500.00 and no more than $2,000.00 $600.00 for grain or cotton warehouses and $500.00 to $1,000.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on June 30 of each year, and each application for license must be accompanied by the license fee." SECTION 29. Said Title 10 is further amended by revising Code Section 10-4-101, relating to licensing fees for the sale of flue-cured leaf tobacco, as follows: "10-4-101. No person, real or corporate, shall operate, hold, or conduct an auction sale for the sale of flue-cured leaf tobacco within this state without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire at the end of the regular selling season. The regular selling season shall be deemed to have ended at the close of business on the marketing day any regulatory group or committee shall cause any of the sets of buyers normally assigned to the Georgia flue-cured leaf tobacco auction markets to be withdrawn for the purpose of reassigning them to auction markets in other tobacco belts. The Commissioner, in his or her discretion, may issue additional licenses to warehousemen at the end of the regular selling season as he or she deems necessary and desirable for 'clean-up' sales or special sales, such licenses to terminate at the conclusion of the 'clean-up' or special sale. The license fee shall be $100.00 $150.00 for each regular selling season with no additional fee for licenses issued for 'clean-up' or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner shall prescribe." SECTION 30. Said Title 10 is further amended by revising subsection (a) of Code Section 10-4-115, relating to a nonauction tobacco dealer's license, as follows: "(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 $150.00 per annum. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season." 1790 JOURNAL OF THE HOUSE SECTION 31. Said Title 10 is further amended by revising Code Section 10-4-142, relating to a carryover leaf tobacco storage and sale license, as follows: "10-4-142. No person, real or corporate, shall operate a service for receiving within this state fluecured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner shall prescribe. The license fee shall be $10.00 $40.00 for each year. Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed without cost under this part upon application to the Commissioner. This part shall not require licensing of any federal agency, its agents, or contractors who receive carry-over tobacco." SECTION 32. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-6-93, relating to appropriations necessary to carry out fire protection in forests, as follows: "12-6-93. (a) The funds required to carry out this part and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia may be provided from annual appropriations made by the General Assembly for this purpose. (b) In the event any county desires forest fire protection, the county shall enter into an agreement with the State Forestry Commission, and such agreement shall provide for the payment to the commission of 4 10 per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service survey for Georgia. (c) Any agreement in existence on July 1, 1967 2010, between a county and the commission providing for a different percentage or amount of payment shall be changed so as to provide for the payment of 4 10 per forest acre. (d) Any county may levy a tax to provide the additional funds required for fire protection under this part." SECTION 33. 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. 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: FRIDAY, MARCH 26, 2010 1791 Document Fee (1) Articles of incorporation .............................................................................$ 100.00 (2) Application for certificate of authority........................................................ 225.00 (3) Annual registration ...................................................................................... 30.00 50.00 (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...$5.00 per corporation but not less than .............................................................................. 20.00 (12) Application for reinstatement.................................................................... 100.00 (13) Certificate of conversion ........................................................................... 95.00 (14) Any other document required or permitted to be filed by this chapter . . 20.00" SECTION 34. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: "14-9-1101. The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership .............................................................$ 100.00 (2) A registration of a foreign limited partnership............................................ 225.00 (3) An annual registration ................................................................................. 30.00 50.00 (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" 1792 JOURNAL OF THE HOUSE SECTION 35. 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 fee (7) Certificate of termination ..................................................................... No Fee 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 14-11- No fee 703............................................................................................................... (13) Certificate of judicial dissolution ....................................................... No fee (14) Annual registration (foreign or domestic).......................................... 30.00 50.00 (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." SECTION 36. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Chapter 21A of Title 15 relating to judicial accounting, by adding a new Code section as follows: "15-21A-6.1. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $100.00, to be known as a judicial operations fund fee, in each civil action or case filed in the superior and state courts FRIDAY, MARCH 26, 2010 1793 except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Each clerk of court subject to this Code section shall collect the fees provided in this Code section and the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (c) The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter. It is the intent of the General Assembly that such funds shall be made available for appropriation and may be appropriated for the purposes of funding salaries of judges and the operational needs of the judicial system in this state." SECTION 37. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-4, relating to powers and duties of the Department of Early Care and Learning, as follows: "20-1A-4. The Department of Early Care and Learning shall have the following powers and duties: (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall 1794 JOURNAL OF THE HOUSE help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state; (8)(9) 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; (9)(10) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10)(11) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services." SECTION 38. Said Title 20 is further amended by revising subsection (k) of Code Section 20-1A-10, relating to consultation by the Department of Early Care and Learning on early care and education programs and other matters, as follows: "(k)(1) Application for a license, commission, or registration for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or commission for a one-year period. (2) On and after the effective date of this paragraph, the following annual fees shall apply to applications for licensure, registration, or commission as a day-care center or child care learning center: (A) Capacity of fewer than 25 children................................................... $50.00 (B) Capacity of 26 to 50 children............................................................ 100.00 (C) Capacity of 51 to 100 children.......................................................... 150.00 (D) Capacity of 101 to 200 children........................................................ 200.00 (E) Capacity of more than 200 children .................................................. 250.00" SECTION 39. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (l) of Code Section 21-5-34, relating to disclosure reports, as follows: "(l) In addition to other penalties provided under this chapter, an additional a filing fee of $25.00 $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine." FRIDAY, MARCH 26, 2010 1795 SECTION 40. Said Title 21 is further amended by adding a new paragraph to subsection (a) of Code Section 21-5-50, relating to filing of financial disclosure statements, to read as follows: "(6) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each financial disclosure statement that is filed late. In addition, a filing fee of $100.00 shall be imposed on the fifteenth day after the due date if the statement has still not been filed. A fine of $250.00 shall be imposed on the fortyfifth day after the due date for such statement if the statement has not been filed by such date. Such fine shall be paid from the personal funds of the person required to file such statement and no other funds from any source may be used to pay such fine." SECTION 41. Said Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (f) Code Section 21-5-71, relating to registration of lobbyists, as follows: "(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00. (2) The commission shall collect the following fees: (A) Annual lobbyist registration or renewal filed pursuant to this Code section ........................................................................................ $200.00 $250.00 (B) Lobbyist supplemental registration filed pursuant to this Code section ................................................................................................. 10.00 (C) Each copy of a lobbyist identification card issued pursuant to this Code section ................................................................................. 5.00 20.00 (D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. When such a fine is imposed, such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine." SECTION 42. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, 1796 JOURNAL OF THE HOUSE is amended by revising subsection (a) of Code Section 25-2-4.1, relating to fees and charges for regulating fire and other hazards, as follows: "(a) The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows: (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee .................... $ 100.00 150.00 (2) Annual license for manufacture of explosives other than fireworks......... 100.00 150.00 (3) Annual license for manufacture, storage, or transport of fireworks ......... 1,000.00 1,500.00 (4) Carnival license ......................................................................................... 100.00 150.00 (5) Certificate of occupancy............................................................................ 100.00 (6) Construction plan review: (A) Bulk storage construction ...................................................................... 100.00 150.00 (B) Building construction, 10,000 square feet or less.................................. 100.00 150.00 (C) Building construction, more than 10,000 square feet ............................ .015 per square foot (D) Other construction ................................................................................. 100.00 150.00 (7) Fire sprinkler contractor certificate of competency .................................. 100.00 150.00 (8) Liquefied petroleum gas storage license: (A) 2,000 gallons or less .............................................................................. 100.00 150.00 (B) More than 2,000 gallons ........................................................................ 500.00 600.00 (9) Building construction inspection: (A) 80 percent completion, 100 percent completion, annual, and first follow-up ....................................................................................................... none (B) Second follow-up................................................................................... 100.00 150.00 (C) Third and each subsequent follow-up.................................................... 150.00 220.00 (10) Purchase, storage, sale, transport, or use of explosives other than fireworks: (A) 500 pounds or less ................................................................................. 50.00 75.00 FRIDAY, MARCH 26, 2010 1797 (B) More than 500 pounds ........................................................................... (11) New self-service gasoline station permit one-time fee ........................... (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee .............................................................................................. 100.00 150.00 100.00 150.00 100.00 150.00" SECTION 43. Said Title 25 is further amended by revising Code Section 25-10-5, relating to licensing of fireworks dealers or displays, as follows: "25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,000.00 $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations." SECTION 44. Said Title 25 is further amended by revising subsection (a) Code Section 25-11-4, relating to certificates of competency for fire protection sprinkler contractors, as follows: "(a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $100.00 $150.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." SECTION 45. Said Title 25 is further amended by revising subsections (b) and (d) of Code Section 2511-5, relating to licenses for fire protection sprinkler contractors, as follows: "(b) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms 1798 JOURNAL OF THE HOUSE prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(d) A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 46. Said Title 25 is further amended by revising subsections (a) and (c) of Code Section 2511-6, relating to fire protection sprinkler system inspector licenses, as follows: "(a) Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fees shall not be prorated for portions of a year." "(c) A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 47. Said Title 25 is further amended by revising subsections (a) and (c) of Code Section 2511-7, relating to fire protection system designer licenses, as follows: "(a) Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(c) A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 48. Said Title 25 is further amended by revising Code Section 25-12-8, relating to permits for fire suppression systems and fire extinguishers testing, as follows: "25-12-8. Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must possess a valid and subsisting permit issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00 FRIDAY, MARCH 26, 2010 1799 $75.00. Such permit shall not be required for any individual employed by any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such individuals shall remain subject to the rules and regulations adopted pursuant to this chapter." SECTION 49. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising Code Section 26-2-25, relating to licensing of food sales establishments, as follows: "26-2-25. (a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked renewed annually and shall not be transferable with respect to persons or location. There shall be no fee for such license. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article. (b) The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section: (1) Large grocery (15,000 square feet and up)......................................... $550.00 (2) Small grocery (less than 15,000 square feet)...................................... 350.00 (3) Convenience store with food service.................................................. 300.00 (4) Convenience store without food service............................................. 150.00" SECTION 50. Said Title 26 is further amended by revising subsection (a) of Code Section 26-2-312, relating to a wholesale fish dealer license, as follows: "(a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows: (1) The annual license fee for each resident wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable; 1800 JOURNAL OF THE HOUSE (2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $50.00 $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state." SECTION 51. Said Title 26 is further amended by revising subsection (a) of Code Section 26-2-411, relating to a sale of meat, poultry, or seafood from mobile vehicles license, as follows: "(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $50.00 $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee." SECTION 52. Title 32 of the Official Code of Georgia, relating to highways, bridges, and ferries, is amended by revising Code Section 32-6-75.2, relating to the Roadside Enhancement and Beautification Fund, as follows: "32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to Code Section 40-2-49.2 paragraph (5) of subsection (l) of Code Section 40-2-86, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. 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 department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and FRIDAY, MARCH 26, 2010 1801 administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2 paragraph (5) of subsection (l) of Code Section 40-2-86, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request." SECTION 53. Said Title 32 is further amended by revising subsection (a) of Code Section 32-9-4, relating to designation of travel lanes, as follows: "(a) The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of: (1) Buses; (2) Motorcycles; (3) Passenger vehicles occupied by two persons or more; (4) Vehicles bearing alternative fueled vehicle license plates issued under Code Section 40-2-76 paragraph (7) of subsection (l) of Code Section 40-2-86.1; or (5) Other vehicles as designated by the department. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed." SECTION 54. Said Title 32 is further amended by revising subsection (b) of Code Section 32-9-8, relating to airport licensing, as follows: "(b) It is declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons, and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of $10.00 $100.00 per runway, up to a maximum of $400.00, for each original license and each renewal thereof. All licenses shall be renewed biennially. In promulgating the rules and regulations establishing minimum standards, the department shall consult with the Georgia Aviation Trades Association." 1802 JOURNAL OF THE HOUSE SECTION 55. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (g) Code Section 33-2-24, relating to enforcement of laws and regulations by the Commissioner of Insurance, as follows: "(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor, administrator, or adjuster on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules and regulations or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a monetary penalty of up to $1,000.00 $2,000.00 for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner, unless the insurer, agent, broker, counselor, solicitor, administrator, or adjuster knew or reasonably should have known he or she was in violation of this title or of the rules and regulations or orders of the Commissioner, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation." SECTION 56. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to county name decals on license plates, as follows: "40-2-9. Any metal special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates." SECTION 57. Said Title 40 is further amended by revising Code Section 40-2-22, relating to applications to local tag agents, as follows: "40-2-22. License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner. License plates and revalidation decals may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter or by the commissioner on an appropriate application forwarded to him by the local tag agent where the type of license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The commissioner shall not be authorized to receive any applications for license plates or revalidation decals except those received through the local tag agents as provided for in this chapter." FRIDAY, MARCH 26, 2010 1803 SECTION 58. Said Title 40 is further amended by revising Code Section 40-2-30, relating to purchasing license plates by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 59. Said Title 40 is further amended by revising subsections (b), (b.1), and (d) of Code Section 40-2-31, relating to the design of license plates and revalidation decals, as follows: "(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal license plate shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new metal license plates and to implement the other provisions of this Code section. (b.1) Repealed. Notwithstanding the provisions of Code Sections 40-2-131 and 48-217, the commissioner is authorized to retain a per plate fee as designated in the General Appropriations Act." "(d) In those years in which a metal new license plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the 1804 JOURNAL OF THE HOUSE previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal." SECTION 60. Said Title 40 is further amended by revising subsection (b) of Code Section 40-2-33, relating to issuance of license plates and compensation of tag agents, as follows: "(b) Except as provided for in Code Section 40-2-22, the The amount of commission permitted as compensation to tag agents under this Code section shall be $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34." SECTION 61. Said Title 40 is further amended by revising subsection (a) of Code Section 40-2-60, relating to prestige license plates, as follows: "(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 $35.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 $35.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." SECTION 62. Said Title 40 is further amended by revising subsections (c), (d), and (h) of Code Section 40-2-60.1, relating to the standardized administrative process for the issuance of special license plates, as follows: "(c) As used in this Code section, the term: (1) 'Manufacturing fee' means a $25.00 fee paid at the time an application is submitted or upon the issuance of a special license plate. (2) 'Registration fee' means the fees as set forth in Code Section 40-2-151. (3) 'Special license plate' means a metal license plate that is authorized under this Code section that commemorates an event or supports an agency, fund, or program beneficial to the people of this state or is specifically authorized by the General Assembly for certain persons or vehicles. (4) 'Special license plate fee' means a $25.00 $35.00 fee paid at the time a special license plate is issued. FRIDAY, MARCH 26, 2010 1805 (5) 'Special license plate renewal fee' means a $25.00 $35.00 fee paid at the time a special license plate is renewed and a revalidation decal is issued. (c.1) Any special license plate issued under the provisions of this Code section shall be subject to the manufacturing fee, special license plate fee, and special license plate renewal fee provided for in this Code section. (d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefited by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Spaces for county name labels are required for license plates authorized under this Code section unless expressly eliminated by the request of the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed." "(h) After July 1, 2007, any Any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000.00 to serve as surety for moneys collected from applicants by the sponsor. The commissioner shall review and approve or disapprove all applications within 30 days of receipt by the department. Upon approval of the design by the commissioner, the special license plate authorized pursuant to this subsection shall not be issued except upon the receipt by the department of at least 1,000 prepaid applications together with the manufacturing fees within two years after the date of approval by the commissioner. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees held by the department and the sponsor shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications, the sponsor shall not be entitled to a refund." SECTION 63. Said Title 40 is further amended by revising Code Section 40-2-61, relating to special license plates for certain governmental officials, as follows: "40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The 1806 JOURNAL OF THE HOUSE special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 $35.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 402-34." SECTION 64. Said Title 40 is further amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 $35.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80." SECTION 65. Said Title 40 is further amended by revising subsection (b) of Code Section 40-2-64.1, relating to special license plates for foreign organizations, as follows: "(b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of the regular license fee, any registration fees, including the $25.00 manufacturing fee and the $35.00 special license plate fee or the $35.00 special license plate renewal fee, as applicable, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle." FRIDAY, MARCH 26, 2010 1807 SECTION 66. Said Title 40 is further amended by reserving the following Code sections: (1) Code Section 40-2-32, relating to license plates commemorating colleges and universities; (2) Code Section 40-2-75, relating to special license plates for amateur radio operators; (3) Code Section 40-2-76, relating to special license plates for vehicles using alternative fuels; (4) Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles; and (5) Code Section 40-2-78, relating to special license plates for firefighters. SECTION 67. Said Title 40 is further amended by repealing the following Code sections: (1) Code Section 40-2-32.1, relating to license plates for Georgia organizations; (2) Code Sections 40-2-48 through 40-2-49.1, which were reserved; (3) Code Section 40-2-49.2, relating to license plates promoting the conservation of wildflowers; (4) Code Section 40-2-49.3, relating to license plates promoting dog and cat reproductive sterilizations; (5) Code Section 40-2-86, which was reserved; (6) Code Section 40-2-86.1, relating to special license plates for square and round dancers; (7) Code Section 40-2-86.2, relating to a special license plate commemorating the Shrine hospitals for children; (8) Code Section 40-2-86.3, which was reserved; (9) Code Section 40-2-86.4, relating to a special license plate commemorating public schools; (10) Code Section 40-2-86.5, relating to a special license plate honoring educators; (11) Code Section 40-2-86.6, which was reserved; (12) Code Section 40-2-86.7, relating to a special license plate commemorating the National Rifle Association; (13) Code Section 40-2-86.8, relating to a special license plate supporting breast cancer programs for the medically indigent; (14) Code Section 40-2-86.9, relating to a special license plate commemorating Rotary International; (15) Code Section 40-2-86.10, relating to a special license plate commemorating police officers wounded in the line of duty; (16) Code Section 40-2-86.11, relating to a special license plate commemorating the Benevolent and Protective Order of the Elks; (17) Code Section 40-2-86.12, relating to a special license plate displaying the EMS Star of Life symbol; (18) Code Section 40-2-86.13, which was reserved; 1808 JOURNAL OF THE HOUSE (19) Code Section 40-2-86.14, relating to a special license plate commemorating licensed physicians; (20) Code Sections 40-2-86.15 through 40-2-86.17, which were reserved; (21) Code 40-2-86.19, relating to a special license plate supporting the Global War on Terrorism and the Operation Enduring Freedom; and (22) Code Section 40-2-86.20, relating to a special license plate supporting the Global War on Terrorism and Iraqi freedom. SECTION 68. Said Title 40 is further amended by redesignating and revising Code Section 40-2-86.18, relating to a special license plate honoring family members of service members killed in action, as follows: "40-2-86.18 40-2-85.3. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after July 1, 2007, any Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall FRIDAY, MARCH 26, 2010 1809 be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. (j) Gold Star license plates shall be issued within 30 days of application. (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section." SECTION 69. Said Title 40 is further amended by redesignating and revising Code Section 40-2-86.21, relating to revenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, and Code Section 40-286.22, relating to nonrevenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, as follows: "40-2-86.21 40-2-86. (a)(1) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special license plate fee' means a $35.00 fee paid at the time a special license plate is issued. 1810 JOURNAL OF THE HOUSE (C) 'Special tag license plate renewal fee' means a $25.00 $35.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (o) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsections (m) and (n) of this Code section shall continue to be issued so long as they meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. Any new special license plates adopted after July 1, 2010, that share a portion of the revenue raised with any agency, fund, nonprofit organization, or other similar entity shall allocate the revenue in accordance with the formula contained in subsection (l) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, FRIDAY, MARCH 26, 2010 1811 upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of the manufacturing fee and the special tag renewal fee appropriate fees in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (o) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (o) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f)(e) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g)(f) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate if issued under subsection (m) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under subsections (n) and (o) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag license plate renewal fee. (h)(g) On or after July 1, 2010, no No special license plate authorized pursuant to subsection (o)(l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications. The special license plate shall have an application period of two years after the date on which the application period becomes effective for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications the sponsor shall not be entitled to a refund. 1812 JOURNAL OF THE HOUSE (i)(h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special tag license plate renewal fee, if applicable, which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 402-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j)(i) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k)(j) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(l)(1) The General Assembly has determined that the following existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall not be subject to a manufacturing fee, a special tag license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; (B) Special license plate fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution; and (C) Special license plate renewal fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (2) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such FRIDAY, MARCH 26, 2010 1813 license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (5) Special license plates promoting the conservation of wildflowers within this state. The funds raised by the sale of these special license plates shall be disbursed to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund established by Code Section 32-6-75.2 and shall be expended only for the purposes enumerated in Code Section 32-6-75.2 and Article III, Section IX, Paragraph VI(l) of the Constitution of the State of Georgia. (6) Special license plates promoting the dog and cat reproductive sterilization support program of the Georgia Department of Agriculture. The funds raised by the sale of these special license plates shall be disbursed to the Georgia Department of Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia. (7) Special license plates to honor Georgia educators and financially benefit the Georgia Public School Personnel Indemnification Fund. The funds raised by the sale of these special license plates shall be disbursed to a charitable foundation designated by the State School Superintendent and used to fund educational programs, grants to teachers, and scholarships. The license plates shall display the phrase 'Georgia Educators Make A Difference' and a ripe Red Delicious apple shall be depicted to the left of the identifying number of each plate. (8)(A) The commissioner in cooperation with a college or university may design a special license plate to be issued commemorating that college or university, which license plate shall be similar in design to the license plate issued to all other 1814 JOURNAL OF THE HOUSE residents of the state except that the logo or emblem of the college or university shall be placed on the license plate along with the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal. (B) Any college or university that enters into an agreement with the commissioner pursuant to this paragraph shall waive any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this paragraph. (C) Each college or university located in Georgia that enters into an agreement with the commissioner pursuant to this paragraph shall designate a charitable foundation which shall annually receive an allocation from the special license plate and special license plate renewal fees collected as provided in paragraph (1) of this subsection. Special license plates issued under this paragraph shall be transferred between vehicles as provided in Code Section 40-2-42. (D) The funds allocated for colleges and universities located in Georgia shall be delivered by the department to the charitable foundation designated by the particular college or university to support needs based, academic, financial aid scholarships for eligible undergraduate students enrolled in the college or university. The funds otherwise allocated for colleges and universities located outside the State of Georgia shall be placed into the general fund. (E) Each college or university shall review and approve plans for the implementation of these scholarship programs by the applicable charitable foundation. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients. (o)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. (2)(9) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3)(10) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4)(11) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. FRIDAY, MARCH 26, 2010 1815 (5)(12) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6)(13) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7)(14) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8)(15) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9)(16) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10)(17) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids' Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11)(18) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. 1816 JOURNAL OF THE HOUSE (12)(19) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13)(20) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14)(21) 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 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. (15)(22) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. The design of the special license plate provided for in this paragraph shall include the words 'Joanna McAfee Childhood Cancer Foundation' horizontally across the bottom of the plate in lieu of the county name. (16)(23) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17)(24) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18)(25) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Georgia National Guard Family Support Foundation, Incorporated. (19)(26) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. (20)(27) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21)(28) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22)(29) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. FRIDAY, MARCH 26, 2010 1817 (23)(30) 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 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. (24)(31) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25)(32) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26)(33) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27)(34) A special license plate supporting programs for persons with brain-related brain related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related brain related disorders in Georgia. (28)(35) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29)(36) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. (30)(37) A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia. (31)(38) A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation. (32)(39) A special license plate promoting the arts in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Council for the Arts. (33)(40) 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 Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia. (34)(41) A special license plate honoring the work of The Garden Club of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed to The 1818 JOURNAL OF THE HOUSE Garden Club of Georgia, Inc., and used to fund scholarships that are awarded by the club. (35)(42) A special license plate promoting the Georgia Junior Golf Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Junior Golf Foundation. (36)(43) A special license plate commemorating 100 years of scouting in the United States. The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (37)(44) A special license plate supporting Cobb County Public Schools. The funds raised by the sale of this special license plate shall be disbursed to the Cobb County Public Schools Educational Foundation and used to fund educational programs, grants to teachers, and scholarships in the Cobb County Public School System. (38)(45) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash. (39)(46) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend 'gasoccer.org'. (40)(47) 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. (n)(m)(1) The General Assembly has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall be subject to a special tag renewal fee. The special license plates listed in this subsection shall be subject to a manufacturing fee, a special license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; FRIDAY, MARCH 26, 2010 1819 (B) Special license plate fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (C) Special license plate renewal fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the United States Disabled Athletes Fund. (3) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Article 5 of Chapter 7 of Title 50. (4) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (5) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (6) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (7) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (8) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 $35.00 special license plate renewal fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, $10.00 shall be deposited in the general fund, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. 1820 JOURNAL OF THE HOUSE (9) A special license plate to support breast cancer related programs for the medically indigent. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of breast cancer license plates authorized under this paragraph, $12.95 shall be deposited in the general fund and $22.05 shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related to programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. Such design shall include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast cancer awareness pink ribbon symbol. 40-2-86.22 40-2-86.1. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (l) of this Code section shall be issued by the department beginning on January 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any FRIDAY, MARCH 26, 2010 1821 special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the regular motor vehicle registration fee, shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates, with the addition of a $35.00 special license plate renewal fee. (e) The manufacturing fee, special license plate fee, and special license plate renewal fee derived from the sale of special license plates contained in subsection (l) of this Code section shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached, upon the payment of any applicable registration fees, the manufacturing fee, and the special license plate fee. 1822 JOURNAL OF THE HOUSE (h) No special license plate authorized pursuant to subsection (l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications. The special license plate shall have an application period of two years after January 1, 2007, from the date of authorization for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications the sponsor shall not be entitled to a refund. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag $35.00 special license plate renewal fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(1) The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly. (2) A special license plate identifying persons with diabetes. The main purpose of the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund. (3) A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund. (4) A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist FRIDAY, MARCH 26, 2010 1823 people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund. (5) A special license plate honoring Georgia municipal clerks. The municipal clerk's office provides the professional link connecting citizens with their local governing bodies and agencies of government at other levels. The funds raised by the sale of this license plate shall be deposited in the general fund. (6) A special license plate identifying residents of the State of Georgia who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communication Commission. The special license plate shall be inscribed with the official amateur radio call letters of such applicant as assigned by the Federal Communication Commission. The funds raised by the sale of this license plate shall be deposited in the general fund. (7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term: (i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (ii) 'Alternative fueled vehicle' means: (I) Any vehicle fueled by alternative fuel as defined in division (i) of this subparagraph; or (II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that 1824 JOURNAL OF THE HOUSE make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (8) A special license plate for antique or hobby or special interest vehicles. As used in this paragraph, the term 'antique or hobby or special interest vehicle' means any motor vehicle or motor cycle or a motor vehicle which as been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades and similar uses but which may be used for general transportation. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state. The funds raised by the sale of this license plate shall be deposited in the general fund. (9)(A) A special license plate for owners of a private passenger car or truck used for personal transportation, who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $35.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special FRIDAY, MARCH 26, 2010 1825 and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (C) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 or were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this paragraph the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. (D) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry. (10) A special license plate supporting Rotary International. The design of the special license plate, excepting only the Rotary International logo and motto 'Service Above Self' and the years 1905-2005 and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The funds raised by the sale of this license plate shall be deposited in the general fund. (11) A special license plate for any Georgia resident who is the owner of a private passenger motor vehicle and provides proof of certification or licensure by the State of Georgia as an emergency medical technician, paramedic, or owner of a licensed ambulance service in the State of Georgia promoting the EMS Star of Life Symbol. Such license plate shall display the National Highway Traffic Safety Administration's EMS Star of Life Symbol and the initials 'EMS.' The funds raised by the sale of this license plate shall be deposited in the general fund." SECTION 70. Said Title 40 is further amended by revising paragraph (1) of subsection (g) Code Section 40-5-67.1, relating to chemical tests for drugs or alcohol and implied consent notices, as follows: "(g)(1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request 1826 JOURNAL OF THE HOUSE for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." SECTION 71. Said Title 40 is further amended by revising subsection (a) of Code Section 40-8-90, relating to restrictions on use of blue lights on vehicles, as follows: "(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary, except: (A) Motor vehicles owned or leased by any federal, state, or local law enforcement agency; (B) Motor vehicles with a permit granted by a state agency to bear such lights; or (C) Antique, hobby, and special interest vehicles, as defined in subsection (a) of Code Section 40-2-77 paragraph (8) of subsection (l) of Code Section 40-2-86.1, which may display a blue light or lights of up to one inch in diameter as part of any such vehicle's rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. SECTION 72. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-25-3, relating to licenses to operate a motor vehicle racetrack, as follows: "43-25-3. Application for a license to operate or conduct a racetrack or other place for the holding of motor vehicle races or exhibitions shall be made in writing to the Safety Fire Commissioner on a form prescribed by or furnished by the Safety Fire Commissioner. The application form shall require a full and complete address of the track or other place desired to be licensed, the name and address of the licensee, and the name and address of the promoter of such race or exhibition and shall contain such further information as the Safety Fire Commissioner may require in order to comply with Code Section 43-25-4. Such application shall be accompanied by a nonrefundable fee of $100.00 $150.00." SECTION 74. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is further amended by revising Code Section 45-9-76, relating to the Georgia Public School Personnel Indemnification Fund, as follows: "45-9-76. The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring FRIDAY, MARCH 26, 2010 1827 Georgia educators as provided by paragraph (7) of subsection (l) of Code Section 40-286.5 40-2-86. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse. SECTION 75. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (a) of Code Section 48-17-2, relating to license fees for coin operated amusement machines, as follows: "(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $1,000.00. (B) In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00 $1,500.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00 $2,500.00. (B) In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00 $2,500.00; or (3) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $5,000.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 $500.00 for a level one license, $1,050.00 $1,250.00 for a level two license, or $1,750.00 $2,500.00 for a level three license. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year." SECTION 76. Said Title 48 is further amended by revising subsections (a) and (d) of Code Section 4817-9, relating to payment and collection of the annual permit fee, as follows: 1828 JOURNAL OF THE HOUSE "(a) Every owner, except an owner holding a coin operated machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $25.00 $200.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 $200.00 payment for each coin operated machine. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year." "(d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00 $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." SECTION 77. Said Title 48 is further amended by revising Code Section 48-17-11, relating to permit fees for additional coin operated machines, as follows: "48-17-11. If an owner purchases or receives additional coin operated machines during the calendar year, the $25.00 $200.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 $10,000.00 shall be assessed by the commissioner for every machine in operation being illegally operated with or without a permit sticker. In addition to the penalty fee the commissioner shall revoke the master license to operate coin operated machines of the owner of a machine in operation without a permit sticker and shall initiate an investigation to determine if the owner's license to sell alcohol or tobacco should be revoked." SECTION 78. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-7-70, relating to agricultural tourist attractions, as follows: "(d) Entities wishing to be recognized by the department as an agricultural tourist attraction shall submit an application to the department with a one-time application fee of up to $250.00 $300.00." FRIDAY, MARCH 26, 2010 1829 SECTION 79. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 80. All laws and parts of laws in conflict with this Act are repealed. The following substitute, offered by the Committee on Rules, was read and adopted: A BILL To amend provisions of the Official Code of Georgia Annotated relating to fees; to change the amount of the fees; to provide for new fees; to change fees and certain other provisions regarding special license plates; to change fees and certain other provisions regarding bona fide coin operated amusement machines; to correct cross-references in the Official Code of Georgia Annotated; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by revising Code Section 2-1-5, relating to license fees for grain dealers, commercial feed dealers, and grain warehousemen, as follows: "2-1-5. An individual conducting business as a grain dealer, commercial feed dealer, and grain warehouseman shall pay an annual license fee in an amount not to exceed $2,000.00 less than $1,500.00." SECTION 2. Said title is further amended by revising Code Section 2-2-8.1, relating to the Farmers and Consumers Market Bulletin, as follows: "2-2-8.1. The Commissioner is authorized to publicize and request, by means of publication of appropriate notices in the Farmers and Consumers Market Bulletin, contributions to be used exclusively collect subscription fees of $10.00 per year for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin and subscription fees of $20.00 per year for the Poultry Market News. Any voluntary contribution made subscription fee collected for such purpose shall be received by the Commissioner, shall be separately accounted for, need not and shall be deposited in the state treasury, and shall be used and expended solely for the purpose donated." 1830 JOURNAL OF THE HOUSE SECTION 3. Said title is further amended by revising subsection (f) of Code Section 2-7-55, relating to registration of pesticides, as follows: "(f) The applicant desiring to register a pesticide shall pay an annual registration fee to the Commissioner for each pesticide registered for such applicant. The amount of such fee shall be established by the Commissioner in an amount not to exceed less than $100.00 per annum. All such registrations shall expire on December 31 of any one year, provided that if the Commissioner adopts a multiple-year registration period, the annual registration fee per product shall be compounded for the number of years included in the multiple-year registration. A registration for a special local need pursuant to subsection (i) of this Code section which is disapproved by the administrator of the Environmental Protection Agency shall expire on the effective date of the administrator's disapproval." SECTION 4. Said title is further amended by revising subsection (b) of Code Section 2-7-57, relating to licensing of restricted use pesticide dealers, as follows: "(b) Application for a license shall be accompanied by a $15.00 $55.00 annual license fee, shall be on a form prescribed by the Commissioner, and shall include the full name of the person applying for such license. If the applicant is a partnership, association, corporation, or organized group of persons, the full name of each member of the firm or partnership or the names of the principal officers of the association or corporation shall be given on the application. Such application shall further state the address of the outlet to be licensed, the principal business address of the applicant, and any other necessary information prescribed by the Commissioner." SECTION 5. Said title is further amended by revising paragraph (1) of subsection (a) and subparagraph (b)(2)(C) of Code Section 2-7-99, relating to a pesticide contractor's license, as follows: "(1) Required; additional requirement; fee. No person shall engage in the business of contracting for the application of any pesticide to the lands of another within this state at any time without a pesticide contractor's license issued by the Commissioner for each business location. In addition to the pesticide contractor's license, each business location must maintain, in full-time employment during all periods of operation, at least one certified commercial pesticide applicator. The Commissioner shall require an annual fee of $15.00 $55.00 for each pesticide contractor's license issued." "(C) Issuance; fees; renewal. If the Commissioner finds the applicant qualified to apply pesticides in the classification or classifications he or she has applied for, the Commissioner shall issue a certified commercial pesticide applicator's license. Effective August 21, 1980, all new certified commercial pesticide applicator licenses shall be issued for a period of five years from the date of certification. The fee for the five-year license shall be $25.00 $90.00. Licenses shall be subject to renewal on the day following expiration, based on such recertification requirements FRIDAY, MARCH 26, 2010 1831 as the Commissioner may establish by regulation, provided that all such licenses previously issued on an annual basis and expiring December 31, 1980, shall be renewable January 1, 1981, for the remaining portion of their five-year certification period. Fees for such license renewals shall be: Expiration Date of Current Certification 1982 1983 1984 1985 February 20 $_____ $11.00 $16.00 $21.00 April 20 _____ 12.00 17.00 21.00 June 20 _____ 13.00 18.00 23.00 August 20 _____ 14.00 19.00 24.00 October 20 10.00 15.00 20.00 _____ December 20 10.00 15.00 20.00 _____" SECTION 6. Said title is further amended by revising Code Section 2-9-33, relating to licenses for grain dealers, as follows: "2-9-33. Unless the Commissioner refuses the application on one or more of the grounds provided in Code Section 2-9-36, he or she shall issue to an applicant, upon the execution and delivery of a bond as provided in Code Section 2-9-34, a state license entitling the applicant to conduct business as a dealer in grain. A fee in an amount fixed The fee unless increased by rule or regulation of the Commissioner at not more than of $100.00 per annum shall be charged for such license. All such licenses shall be renewed annually on or before June 30. Any license which is not renewed on or before such date shall expire on June 30." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 2-11-26, relating to licenses for retail and wholesale seed dealers, as follows: "(a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each point of sale, from which seed are sold, offered for sale, or exposed for sale. Out-of-state wholesale and retail seed dealers who sell or ship seed into this state shall obtain a license in the same manner. Such licenses shall be renewable in August of every third year following issuance. Seed dealer license fees shall be established $70.00 per license unless increased by rule promulgated under this article." SECTION 8. Said title is further amended by revising subsection (a) and paragraph (1) of subsection (c) of Code Section 2-12-4, relating to fertilizer licenses, as follows: 1832 JOURNAL OF THE HOUSE "(a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $50.00 $100.00 per year, and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation." "(c)(1) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 $60.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $50.00 $60.00 shall be due each July 1." SECTION 9. Said title is further amended by revising subsection (a) of Code Section 2-12-8, relating to fertilizer inspection fees, as follows: "(a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 30 60 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate." SECTION 10. Said title is further amended by revising Code Section 2-12-43, relating to licensing agricultural liming material, as follows: "2-12-43. (a)(1) Each person whose name appears on the label of an agricultural liming material or who is responsible for guaranteeing such liming material must obtain a lime license from the Commissioner before distributing such product in Georgia. (2) All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by or otherwise acceptable to the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00 $70.00. Thereafter, the license fee shall be based on the annual tonnage of liming materials sold in Georgia by the licensee in the previous 12 month period ending June 30, in accordance with the following: (A) A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming materials in this state; or (B) A $50.00 $70.00 annual fee for licensees having sales of less than 10,000 tons of liming materials in this state. FRIDAY, MARCH 26, 2010 1833 A lime license must be renewed annually and fees shall be received by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. (b)(1) No licensee shall distribute in this state an agricultural liming material until such product is registered with the Commissioner by the licensee whose name appears on the label. An application for registration for each brand and product name of liming materials shall be made on forms furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name shall accompany the application. The registration fee shall be $50.00 $70.00 per product. Such fee shall be submitted with the registration, and a renewal fee of $50.00 $70.00 shall be due each July 1. If renewal registration fees are not received by July 1 of each calendar year, the registration fee shall increase in the manner prescribed in the rules and regulations. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registrations shall be considered permanent so long as no changes or deviations are made in the labels of such products and so long as the registration fees are paid as specified in this article and the rules and regulations of the Commissioner. Such registrations may be canceled for cause, after due notice and hearing, for a violation of this article or any rules and regulations adopted by the Commissioner pursuant to this article. (2) A distributor shall not be required to register any brand of agricultural liming material which is already registered under this article by another person, provided the label does not differ in any respect." SECTION 11. Said title is further amended by revising subsection (c) of Code Section 2-12-73, relating to registration of soil amendments, as follows: "(c) The registration fee shall be $50.00 $55.00 per year for each product. Registration shall expire on December 31, annually, unless an application for renewal has been received prior to the expiration date." SECTION 12. Said title is further amended by revising subsections (b) and (d) of Code Section 2-13-6, relating to a commercial feed license, as follows: "(b) All licenses shall expire on December 31 of each year. Licenses are not transferable and no credit or refund may be granted for licenses held for less than one full year. All commercial feed licenses must be renewed by January 1 of each year. The license fee shall be based upon the number of tons of commercial feed distributed in this state during the preceding 12 month period ending December 31, provided that tonnage of small-package products subject to registration as specified in subsection (d) of this Code section shall not be used in calculating the license fee due. The amount of the license fee shall be based upon the schedule as prescribed in the rules and 1834 JOURNAL OF THE HOUSE regulations of the Commissioner but shall not be less than $50.00 $75.00 nor more than $1,000.00 per annum." "(d) No licensee shall distribute in this state a pet food or a specialty pet food in packages of ten pounds or less which has not been registered. The application for registration shall be submitted to the Commissioner on forms furnished by, or acceptable to, the Commissioner. All registrations expire on December 31 of each year. An annual registration fee of an amount prescribed in the rules and regulations of the Commissioner is due by January 1. Such registration fee shall be $25.00 $40.00 per product registered, provided that the total of all such registration fees shall not exceed $1,000.00 per annum for any licensee." SECTION 13. Said title is further amended by revising subsections (a) and (b) of Code Section 2-14102, relating to a license for timber preservative treating, as follows: "(a) Each person, firm, or corporation engaging in the business of treating timber or timber products with preservatives in this state shall secure an annual processor's license from the Commissioner of Agriculture before such treatment is undertaken. The annual fee for this license shall be $25.00 $120.00. (b) Each person, firm, or corporation shipping into the state for sale or bringing into the state for sale any treated timber or timber products processed outside the state shall secure an annual dealer's license from the Commissioner. The annual fee for this license shall be $25.00 $120.00." SECTION 14. Said title is further amended by revising subsection (e) of Code Section 2-21-4, relating to registration of organic products, as follows: "(e) On and after January 1, 2003, no person shall produce, process, distribute, or handle in this state any advertised, promoted, identified, tagged, stamped, packaged, or labeled organic food or feed ingredient, article, commodity, or product unless such person has first registered with the department; provided, however, that retail food sales establishments licensed under Article 2 of this chapter that do not process or repackage certified organic commodities shall be exempt from registration provisions set forth in this chapter. On and after January 1, 2003, no organization, business, firm, or individual shall act as a certifying entity in this state unless such organization, business, firm, or individual has first registered with the department. The Commissioner shall establish by regulation registration standards for producers, processors, distributors, handlers, and certifying entities not inconsistent with this chapter. Registration shall be made upon forms prescribed and furnished by the department. Registrations shall expire on the last day of December of the year for which they are issued. The Commissioner shall establish by rule a registration fee for certifying entities in an amount of not less than $25.00 $75.00 nor more than $500.00 per annum and may establish classes of certifying entities with different registration fees for each class." FRIDAY, MARCH 26, 2010 1835 SECTION 15. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by revising subsection (a) of Code Section 4-4-82, relating to licenses for poultry dealers, brokers, and market operators, as follows: "(a) No poultry market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No poultry dealer or broker shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be a fee of $25.00 $35.00 per annum for such license." SECTION 16. Said title is further amended by revising subsection (b) of Code Section 4-10-5, relating to licensing of bird dealers, as follows: "(b) Bird dealers' licenses shall be issued for a period of one year and shall be annually renewable. The department may establish separate classes of licenses, including wholesale and retail licenses. The department shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct and indirect costs of administering this chapter; but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00." SECTION 17. Said title is further amended by revising subsection (c) of Code Section 4-11-3, relating to licensing of pet dealers and kennel, stable, and animal shelter operators, as follows: "(c) Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct cost of administering this article. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $25.00 $50.00 but shall not exceed $200.00." SECTION 18. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising paragraph (2) of subsection (b) Code Section 7-1-1011, relating to fees paid by mortgage lenders and mortgage brokers, as follows: "(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 $10.00. 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." 1836 JOURNAL OF THE HOUSE SECTION 19. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by revising paragraph (5) of Code Section 8-2-135, relating to licenses for manufacturers of manufactured homes, as follows: "(5) The license and renewal license fee shall be $300.00 $440.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $300.00 $440.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $200.00 $300.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee." SECTION 20. Said title is further amended by revising subsection (a) of Code Section 8-2-135.1, relating to the payment of a manufacturing inspection fee by manufactured home manufacturers, as follows: "(a) During such time as the Commissioner's office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $20.00 $30.00 for each certification label, as defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any reinspection, a $10.00 $15.00 additional fee shall be charged." SECTION 21. Said title is further amended by revising paragraph (1) of Code Section 8-2-161, relating to rules regulating installations of manufactured homes and mobile homes, as follows: "(1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $200.00 $300.00; and" SECTION 22. Said title is further amended by revising paragraph (2) of Code Section 8-2-164, relating to licensing installers of manufactured homes and mobile homes, as follows: "(2) In addition to the requirements of paragraph (1) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner. The cost of FRIDAY, MARCH 26, 2010 1837 such permit shall be $40.00 $60.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation." SECTION 23. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-1-157, relating to inspections of samples of petroleum products, as follows: "10-1-157. The Commissioner of Agriculture shall, from time to time, collect or cause to be collected samples of all petroleum products subject to regulation under this part which are sold, offered, or exposed for sale in this state and cause such samples to be tested or analyzed by the state oil chemist. The state oil chemist shall certify, under oath, an analysis of each such sample and such certificate shall be competent evidence of the composition of such petroleum product in any legal proceeding. The Commissioner is authorized to collect a reasonable fee for each routine analysis performed, to be not less than $156.00 per test. The Commissioner is further authorized to collect a reasonable fee, to be not less than $156.00, for each nonroutine analysis performed when a routine analysis reveals a violation of fuel standards. The Department of Agriculture shall have the power to implement rules and regulations necessary to collect the fees provided for by this Code section." SECTION 24. Said title is further amended by adding two new subsections to Code Section 10-1-159, relating to inspections of self-measuring pumps, as follows: "(g) The Commissioner shall collect a fee of $12.05 per gas sample inspected pursuant to this Code section. (h) The Department of Agriculture shall have the power to implement rules and regulations necessary to collect the fees provided for by this Code section." SECTION 25. Said title is further amended by repealing Code Section 10-1-161, relating to inspection of gasoline, and designating it as "Reserved." SECTION 26. Said title is further amended by revising Code Section 10-1-203, relating to evaluation of test reports of antifreeze offered for sale within this state, as follows: "10-1-203. Before any antifreeze shall be sold, exposed for sale, or stored, packed, or held with intent to sell within this state, a current certified test report thereof prepared by an independent laboratory recognized by the Department of Agriculture to do such testing must be submitted and evaluated under the supervision of the state oil chemist in the 1838 JOURNAL OF THE HOUSE Department of Agriculture. Under Upon application of the manufacturer or packer or distributor, submission of container label, and the payment of a license fee of $25.00 $50.00 for each brand or type of antifreeze submitted, the state oil chemist shall evaluate the test report so submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards established and promulgated by the Commissioner of Agriculture, and if the antifreeze is not a type or kind that is in violation of this part, the Commissioner shall issue the applicant a written license or permit authorizing the wholesale and retail sale by the applicant and by others of such antifreeze in this state for the fiscal year in which the license is issued, which license or permit shall be subject to renewal annually. If the Commissioner shall find at a later date that the antifreeze product or substance to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated or that a change has been made in the name, brand, or trademark under which the antifreeze is sold or that it violates this part, the Commissioner is authorized to revoke or suspend the license or permit issued under this part of the licensee found in violation of this part after notice and hearing before the Commissioner. No license or permit for the sale of antifreeze in this state shall be issued until the application, fee, and label submission have been made as provided by this part, the certified test report has been evaluated by the state oil chemist, and the state oil chemist notifies the Commissioner of Agriculture that said antifreeze meets the requirements of this part." SECTION 27. Said title is further amended by revising Code Section 10-2-42, relating to licensing certified public weighers, as follows: "10-2-42. Certified public weighers shall be licensed for a period of one year beginning on July 1 and ending on June 30, next. A fee of $5.00 $15.00 shall be paid to the Commissioner by each person so licensed at the time application is filed. A fee of $5.00 $15.00 shall be required for each renewal of a license as a certified public weigher. In addition thereto, the applicant shall pay the actual cost of seals required under this article." SECTION 28. Said title is further amended by revising subsection (a) of Code Section 10-4-12, relating to a warehouseman's bond, as follows: "(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond FRIDAY, MARCH 26, 2010 1839 applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 15 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00 $300,000.00." SECTION 29. Said title is further amended by revising Code Section 10-4-17, relating to licensing fees for warehouses, as follows: "10-4-17. Warehousemen coming under this article shall pay an annual license fee which includes all inspections in an amount based on storage capacity in an amount fixed by rule or regulation of the Commissioner. These fees shall not exceed actual cost of inspections and are inclusive. The amount paid shall be based on storage capacity and shall be at least $500.00 and no more than $2,000.00 $600.00 for grain or cotton warehouses and $500.00 to $1,000.00 for other agricultural products facilities desiring to come under this article. Each license so issued shall expire on June 30 of each year, and each application for license must be accompanied by the license fee." SECTION 30. Said title is further amended by revising Code Section 10-4-101, relating to licensing fees for the sale of flue-cured leaf tobacco, as follows: "10-4-101. No person, real or corporate, shall operate, hold, or conduct an auction sale for the sale of flue-cured leaf tobacco within this state without first having obtained a license for the regular selling season in which the sale is made from the Commissioner of Agriculture. Each license so issued shall automatically expire at the end of the regular selling season. The regular selling season shall be deemed to have ended at the close of business on the marketing day any regulatory group or committee shall cause any of the sets of buyers normally assigned to the Georgia flue-cured leaf tobacco auction markets to be withdrawn for the purpose of reassigning them to auction markets in other tobacco belts. The Commissioner, in his or her discretion, may issue additional licenses to warehousemen at the end of the regular selling season as he or she deems necessary and desirable for 'clean-up' sales or special sales, such licenses to terminate at the conclusion of the 'clean-up' or special sale. The license fee shall be $100.00 $150.00 for each regular selling season with no additional fee for licenses issued for 'clean-up' 1840 JOURNAL OF THE HOUSE or special sales. Licenses shall be subject to renewal from one regular selling season to another under such rules and regulations as the Commissioner shall prescribe." SECTION 31. Said title is further amended by revising subsection (a) of Code Section 10-4-115, relating to a nonauction tobacco dealer's license, as follows: "(a) Any person, firm, or corporation purchasing flue-cured leaf tobacco from producers other than at auction sales shall be required to apply to and obtain from the Commissioner of Agriculture a nonauction tobacco dealer's license prior to engaging in such purchase operations. Such license shall be renewable on an annual basis. There shall be an annual fee for each such license issued by the Commissioner. The amount of such fee shall be established by the Commissioner in an amount not to exceed $100.00 $150.00 per annum. Each applicant for a nonauction tobacco dealer's license shall indicate in writing to the Commissioner each year before the first auction sale of the tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers other than at auction in order to be eligible for a nonauction tobacco dealer's license for that selling season." SECTION 32. Said title is further amended by revising Code Section 10-4-142, relating to a carry-over leaf tobacco storage and sale license, as follows: "10-4-142. No person, real or corporate, shall operate a service for receiving within this state fluecured leaf tobacco for the purpose of weighing, redrying, and storing said tobacco from the year of production until the subsequent selling season for sale at that time without first having obtained a license from the Commissioner of Agriculture. Each license so issued shall automatically expire at the termination of the storage period and be subject to renewal annually under such rules and regulations as the Commissioner shall prescribe. The license fee shall be $10.00 $40.00 for each year. Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed without cost under this part upon application to the Commissioner. This part shall not require licensing of any federal agency, its agents, or contractors who receive carry-over tobacco." SECTION 33. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-6-93, relating to appropriations necessary to carry out fire protection in forests, as follows: "12-6-93. (a) The funds required to carry out this part and provide for the coordinated protection of uncontrolled fire on all forest lands in the State of Georgia may be provided from annual appropriations made by the General Assembly for this purpose. (b) In the event any county desires forest fire protection, the county shall enter into an agreement with the State Forestry Commission, and such agreement shall provide for FRIDAY, MARCH 26, 2010 1841 the payment to the commission of 4 10 per forest acre of privately owned forest land. Forest acres of privately owned land shall be based upon the most recent United States Forest Service survey for Georgia. (c) Any agreement in existence on July 1, 1967 2010, between a county and the commission providing for a different percentage or amount of payment shall be changed so as to provide for the payment of 4 10 per forest acre. (d) Any county may levy a tax to provide the additional funds required for fire protection under this part." SECTION 34. 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. 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 50.00 (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" SECTION 35. Said title is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: "14-9-1101. The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership ....................................................... $ 100.00 1842 JOURNAL OF THE HOUSE (2) A registration of a foreign limited partnership...................................... 225.00 (3) An annual registration ........................................................................... 30.00 50.00 (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" SECTION 36. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 14-10-4, relating to formation of professional associations, as follows: "(2) Recording; fees. The clerk shall record the articles of association and any amendments thereto or instruments of dissolution thereof in the same manner as required for articles of incorporation and shall receive a fee as required by paragraph (17) of subsection (g) of Code Section 15-6-77. Articles shall not be required to be published or recorded elsewhere. Such record of the articles, when so recorded, shall be notice of the articles to the world as well as to all parties dealing with such association." SECTION 37. Said title 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 fee (7) Certificate of termination ....................................................................... No Fee fee (8) Application of withdrawal...................................................................... No fee FRIDAY, MARCH 26, 2010 1843 (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 14-11- No fee 703................................................................................................................. (13) Certificate of judicial dissolution ......................................................... No fee (14) Annual registration (foreign or domestic)............................................ 30.00 50.00 (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." SECTION 38. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (2) of subsection (e) and subsections (g) and (h) of Code Section 15-6- 77, relating to fees for superior court, as follows: "(2) Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions." "(g) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page ............................................................................................................... $ 5.00 Each page, after the first ............................................................................... 2.00 (2) Uncertified copies of documents, if no assistance is required from the office of the clerk of superior court, per page............................................... Uncertified copies, if assistance is required.................................................. Uncertified copies, if transmitted telephonically or electronically, first page Each page, after the first ............................................................................... (3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches .............................................................................................. (4) Certification or exemplification of record, including certificates and seals, first page.............................................................................................. .25 .50 1.00 2.50 1.00 2.00 2.50 1844 JOURNAL OF THE HOUSE Each page, after the first ............................................................................... .50 (5) Clerk's certificate.................................................................................... 1.00 (6) Court's seal ............................................................................................. 1.00 (7) The clerk may provide computer data or computer generated printouts of public records subject to disclosure maintained on computer by, or available to, the clerk, for each page or partial page of printed data or copies of such or its equivalent..................................................................... 2.50 Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized computer compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law. (8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40.................................................................................... 3.00 (9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4............................................... 13.00 20.00 (10) Registering and filing trade names pursuant to Code Section 10-1- 8.00 13.00 490 (11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each ............................................................................. 1.00 2.00 (12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page...................................................................................... 1.50 8.00 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of........................................................ 5.00 34.00 (13) Reserved. Issuing jury scrip or check, each .30 (14) For each day of service in attendance upon the courts......................... The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. Reserved. (15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases. (16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' and for filing statements of partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases. 50.00 FRIDAY, MARCH 26, 2010 1845 (17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 20.00 (h) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, $ 3.00 accusations (2) Reserved. Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 1.00 (3) Reserved. Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12 1.00 (4) Reserved. Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 5.00 (5) Reserved. (6) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page ....................................................................................1.50 3.00 Clerk's certificate ............................................................................................... 1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. (7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum." SECTION 39. Said title is further amended by revising paragraph (1) of subsection (e) and subsections (f) through (k) of Code Section 15-9-60, relating to costs for probate court, as follows: "(1) Except as otherwise provided, the cost in an initial proceeding regarding the estate of a decedent or of a missing individual believed to be dead shall be $90.00 $109.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such initial proceedings, exclusive of recording charges;" "(f) Costs in minor guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of a minor shall be $60.00 $73.00 for all services 1846 JOURNAL OF THE HOUSE rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for temporary letters of guardianship of the person of a minor; petition for letters of guardianship of person, property, or person and property of a minor by person other than natural guardian; petition for letters of guardianship of property of a minor, by natural guardian, with bond -- personal property over $5,000.00; petition for order that natural guardian not be required to become legally qualified guardian of the property; application of guardian for letters of dismission; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the person, property, or person and property of a minor; and (2) Except as otherwise provided, the costs for all services rendered by the judge or clerk of the probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of a minor, exclusive of recording charges: (A) Petition of guardian for leave to sell.................................................$ 50.00 61.00 (B) Petition to compromise doubtful claim of minor.............................. 50.00 61.00 (C) Petition for leave to encroach on corpus........................................... 25.00 30.00 (D) Petition to change accounting period ............................................... 25.00 (E) Inventory or annual, intermediate, or final return (each).................. 25.00 30.00 (F) Petition or motion for attorneys' fees ................................................ 50.00 61.00 (G) Petition to terminate temporary guardianship of minor ................... 25.00 30.00 (H) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of a minor......................................................... 25.00 30.00 (g) Costs in adult guardianship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of an adult alleged to be incapacitated shall be $150.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for the appointment of an emergency guardian for an alleged gravely incapacitated adult; petition for the appointment of an emergency and permanent guardian for an alleged gravely incapacitated adult; petition for the appointment of a guardian for an alleged incapacitated adult; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to an adult alleged to be incapacitated; and (2) Except as otherwise provided, the cost for all services rendered by the judge or clerk of the probate court shall be as set forth below for the following proceedings, pleadings, or documents regarding the person, property, or person and property of an incapacitated adult, exclusive of recording charges: (A) Petition of guardian for leave to sell.................................................$ 50.00 61.00 (B) Petition to compromise doubtful claim............................................. 50.00 61.00 (C) Petition for leave to encroach on corpus........................................... 25.00 30.00 FRIDAY, MARCH 26, 2010 1847 (D) Petition to change accounting period ............................................... 25.00 (E) Inventory or annual, intermediate, or final return (each).................. 25.00 30.00 (F) Petition or motion for attorneys' fees ................................................ 50.00 61.00 (G) Petition to terminate or modify guardianship of incapacitated adult.......................................................................................................... 50.00 61.00 (H) Application of guardian for letters of dismission ............................. 60.00 73.00 (I) Any other petition, application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding an existing guardianship of an adult ........................................................ 50.00 61.00 (h) Costs in matters involving sterilization, involuntary treatment, habilitation, or temporary placement: (1) Except as otherwise provided, the cost in a proceeding filed under Chapter 20 of Title 31, Chapter 36A of Title 31, or Chapter 3, 4, or 7 of Title 37 shall be $75.00 $91.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges; (2) There shall be no cost assessed for the receipt and consideration of affidavits in support of an order to apprehend under Part 1 of Article 3 of Chapter 3 of Title 37 or Part 1 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend; and (3) There shall be no cost assessed for the receipt and consideration of a petition in support of an order to apprehend under Part 3 of Article 3 of Chapter 3 of Title 37 or Part 3 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend a patient alleged to be in noncompliance with an involuntary outpatient treatment order. (i) Costs for hearings in contested matters: (1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms license before the probate court, the cost shall be $25.00 $30.00 per one-half day or portion thereof; (2) There shall be no additional cost for the initial hearing in adult guardianship matters or in matters involving sterilization, involuntary treatment, habilitation, or involuntary placement; and (3) There shall be no cost for any hearing in an uncontested matter. (j) Custodial accounts. For each account accepted by the judge of the probate court as custodian for a minor, incapacitated adult, or missing or unknown heir or beneficiary, there shall be a one-time fee of 8 percent of the fund deducted from the fund when first accepted. (k) Miscellaneous costs. Except as otherwise provided, the judge or clerk of the probate court shall be entitled to the following costs for the proceedings, pleading, documents, or services itemized: (1) Application for writ of habeas corpus .................................................... $ 75.00 (2) Petition to establish lost papers, exclusive of recording charges ........... 50.00 (3) Petition for or declaration of exemptions............................................... 25.00 (4) Petition to change birth certificate ......................................................... 60.00 73.00 1848 JOURNAL OF THE HOUSE (5) For all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for any application or petition by which the jurisdiction of the probate court is first invoked for which no cost is set forth in this Code section or other applicable law ............................................................................................... 50.00 61.00 (6) Issuance of any order, including a rule nisi, in any matter for which the costs set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording25.00 30.00 charges .......................................................................................................... (7) Motions, amendments, or other pleadings filed in any matter for which the cost set forth in this Code section does not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges, and no other cost is set forth in this Code section.......... 10.00 12.00 (8) For processing appeals to superior court, exclusive of recording charges .......................................................................................................... 25.00 30.00 (9) For issuance of writ of fieri facias (fi.fa.) .............................................. 10.00 (10) Reserved. For issuance of permit to discharge explosives 25.00 (11) For issuance of permit to discharge fireworks ..................................... 25.00 30.00 (12) Application for firearms license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records)............................................................................................... 15.00 18.00 (13) For issuance of a replacement firearms license.................................... 5.00 6.00 (14) Application for marriage license if the applicants have completed premarital education pursuant to Code Section 19-3-30.1 ........................... No fee (14.1) Application for a marriage license if the applicants have not completed premarital education pursuant to Code Section 19-3-30.1.......... 35.00 38.00 (15) For the safekeeping of a will ................................................................ 10.00 12.00 (16) For issuance of a veteran's license........................................................ No fee (17) For issuance of a peddler's license ....................................................... 10.00 12.00 (18) For issuance of a certificate of residency ............................................. 10.00 (19) Registration of junk dealer ................................................................... 10.00 (20) Certification of publication of application for insurance company charter............................................................................................................ 10.00 (21) Recording of marks and brands, each .................................................. 10.00 12.00 (22) Exemplification .................................................................................... 10.00 12.00 (23) Certification under seal of copies (plus copy cost) .............................. 5.00 6.00 (24) Certified copies of letters of personal representative, temporary administrator, or guardian, each, including copy cost .................................. 5.00 6.00 (25) For issuance of a subpoena, each ......................................................... 5.00 6.00 (26) For filing and recording of oath or bond of any official, officer, or employee of any municipality or authority within the county, each ............ 5.00 6.00 (27) For filing and recording of oath or bond of county official or officer . No fee FRIDAY, MARCH 26, 2010 1849 (28) For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name........................................................................ 5.00 6.00 (29) Recording, per page.............................................................................. 2.00 (30) Copies, per page ................................................................................... 0.25 1.00" SECTION 40. Said title is further amended by revising Code Section 15-10-80, relating to filing fees, service of process costs, and other costs in magistrate court, as follows: "15-10-80. (a) Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $20.00 $43.00 which shall cover all costs of the action except service of process. (b) Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs for serving process for each party to be served. (c) For issuing a writ of fieri facias the fee charged shall be $2.00 $4.00 which shall be paid by the person requesting the same. Such fee shall be charged and collected contemporaneously with or prior to the issuance of the writ of fieri facias but not before the entry of judgment in the action. (d) As between the parties, costs shall be taxed against the losing party." SECTION 41. Said title is further amended by revising Code Section 15-10-81, relating to costs upon conviction of violation of ordinance, as follows: "15-10-81. In cases of conviction of violation of county ordinances, costs of not more than $30.00 $63.00 may be taxed against the defendant." SECTION 42. Said title is further amended by revising Code Section 15-10-82, relating to hearing fee on application for search or arrest warrant or deposit account fraud citation, as follows: "15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $10.00 $16.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a 1850 JOURNAL OF THE HOUSE warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence." SECTION 43. Said title is further amended by revising subsections (b) and (c) of Code Section 15-16- 21, relating to fees for sheriff's services, as follows: "(b) For the services of the sheriff in civil cases, the following fees shall be charged: (1) Serving copy of process and returning original, per copy ...................$ 25.00 39.00 (2) Action from another county, to be paid in advance ............................. 25.00 38.00 (3) Summoning each witness ..................................................................... 6.00 9.00 (4) Each levy or writ of fieri facias ............................................................ 25.00 38.00 (5) Search and return of nulla bona............................................................ 13.00 20.00 (6) Serving summons of garnishment or rule against garnishee................ 25.00 38.00 If more than one, for each additional copy ................................................. 6.00 (7) Commissions on sales of property: On sums of $50.00 or less........................................................................... 8% On excess above $50.00 up to $550.00....................................................... 6% For all sums exceeding $550.00, on excess ................................................ 3% No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land ............................................... 25.00 38.00 If presented by purchaser ............................................................................ 13.00 20.00 (9) Executing bill of sale to personal property, when demanded by 13.00 20.00 purchaser ..................................................................................................... (10) Forthcoming bonds............................................................................. 13.00 (11) Serving process against tenant over or intruder upon land to dispossess them ........................................................................................... 25.00 38.00 (12) For dispossessing tenant or intruder................................................... 25.00 38.00 (13) Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted ...................................................... 13.00 20.00 (14) Settling each execution in his or her hands, settled without sale ....... 13.00 20.00 (15) Levying an attachment ....................................................................... 25.00 38.00 (16) Reserved. Following property out of county with attachment, for every mile going and returning .21 (17) Reserved. Attending superior, state, or city courts, per day 20.00 (18) Reserved. Probate courts, per day 15.00 (19) Reserved. At elections as required by law, each day 20.00 (20) Collecting tax fi. fas. $100.00 or less, each........................................ 5.00 8.00 (21) Collecting tax fi. fas. over $100.00, each........................................... 10.00 16.00 (c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the criminal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior FRIDAY, MARCH 26, 2010 1851 to the sheriff's rendering such service. For the services of the sheriff in criminal cases, the following fees shall be charged: (1) Removing prisoner when habeas corpus is sought for his or her relief . $ 15.00 (2) Removing prisoners under habeas corpus when no mileage is paid, 15.00 per day........................................................................................................... (3) Attending persons taken by warrant to judge's chamber, for each time 4.50 (4) Conducting prisoner before judge or court to and from jail................... 4.50 (5) Executing and returning any warrant ..................................................... 25.00 (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant ........................ 25.00 (7) Summoning each witness ....................................................................... 6.00 9.00 (8) Taking bonds in criminal cases .............................................................. 13.00 20.00 (9) Executing a warrant of escape................................................................ 10.00 (10) Service in every criminal case before a judge or a judge and jury ...... 10.00" SECTION 44. Said title is further amended by revising Chapter 21A, relating to judicial accounting, by adding two new Code sections to read as follows: "15-21A-6.1. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $100.00, to be known as a judicial operations fund fee, in each civil action or case filed in a superior court except that municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to all adoptions, certiorari, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the superior court and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Each superior court clerk shall collect the fees provided in this Code section and the moneys shall be paid over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (c) The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the House Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter. It is the intent of the General Assembly that such funds shall be made available for appropriation and may be appropriated for the purposes of funding salaries of judges and the operational needs of the judicial system in this state. 15-21A-6.2. (a) In addition to all other legal costs, there shall be charged to the filing party and collected by the clerk an additional filing fee of $50.00, to be known as a judicial operations fund fee, in each civil action or case filed in a state court except that 1852 JOURNAL OF THE HOUSE municipalities, counties, and political subdivisions shall be exempt from such fee. Without limiting the generality of the foregoing, such fee shall apply to any matter which is docketed upon the official dockets of the state court and to which a number is assigned, whether such matter is contested or not. (b) Each state court clerk shall collect the fees provided in this Code section and the moneys shall be paid over to the local governing authority." SECTION 45. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-4, relating to powers and duties of the Department of Early Care and Learning, as follows: "20-1A-4. The Department of Early Care and Learning shall have the following powers and duties: (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state; (8)(9) 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; (9)(10) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10)(11) To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services." FRIDAY, MARCH 26, 2010 1853 SECTION 46. Said title is further amended by revising subsections (k), (m), and (r) of Code Section 201A-10, relating to consultation by the Department of Early Care and Learning on early care and education programs and other matters, and by adding a new subsection to read as follows: "(k)(1) Application for a license, commission, or registration for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or commission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or commission for a one-year period. (2) On and after the effective date of this paragraph, the following annual fees shall apply to applications for licensure, registration, or commission as a day-care center, child care learning center, group day-care home, or family day-care home: (A) Capacity of fewer than 25 children................................................... $ 50.00 (B) Capacity of 26 to 50 children............................................................ 100.00 (C) Capacity of 51 to 100 children.......................................................... 150.00 (D) Capacity of 101 to 200 children........................................................ 200.00 (E) Capacity of more than 200 children .................................................. 250.00" "(m) The department shall refuse to issue a license, registration, or commission upon a showing of: (1) Noncompliance with the rules and regulations for day-care centers, family daycare homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention of the law; or (3) Prior license, registration, or commission denial or revocation within one year of application; or (4) Failure to pay the annual fee for licensure, registration, or commission of early care and education programs." "(r) If abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, including failure to pay the annual fee for licensure, registration, or commission, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, registration, or commission of such program in the manner prescribed in this Code section." SECTION 46A. Said title is further amended by revising subsection (b) of Code Section 20-1A-12, relating to actions authorized by department in event of violations, as follows: 1854 JOURNAL OF THE HOUSE "(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 holder of a license 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 early care and education program; (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 program; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to pay the annual fee for licensure, registration, or commission of early care and education programs; or (4)(5) Failed to comply with any provisions of this Code section." SECTION 47. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising subsection (l) of Code Section 21-5-34, relating to disclosure reports, as follows: "(l) In addition to other penalties provided under this chapter, an additional a filing fee of $25.00 $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine." SECTION 48. Said title is further amended in subsection (a) of Code Section 21-5-50, relating to filing of financial disclosure statements, by adding a new paragraph to read as follows: "(6) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each financial disclosure statement that is filed late. In addition, a filing fee of $100.00 shall be imposed on the fifteenth day after the due date if the statement has still not been filed. A fine of $250.00 shall be imposed on the fortyfifth day after the due date for such statement if the statement has not been filed by such date. Such fine shall be paid from the personal funds of the person required to file such statement and no other funds from any source may be used to pay such fine." SECTION 49. Said title is further amended by revising subsection (f) Code Section 21-5-71, relating to registration of lobbyists, as follows: "(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or FRIDAY, MARCH 26, 2010 1855 authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00. (2) The commission shall collect the following fees: (A) Annual lobbyist registration or renewal filed pursuant to this Code section ....................................................................................... $200.00 $300.00 (B) Lobbyist supplemental registration filed pursuant to this Code section ................................................................................................ 10.00 (C) Each copy of a lobbyist identification card issued pursuant to this Code section ................................................................................ 5.00 20.00 (D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. When such a fine is imposed, such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine." SECTION 50. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising subsection (a) of Code Section 25-2-4.1, relating to fees and charges for regulating fire and other hazards, as follows: "(a) The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows: (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee...................................................................................... $ 100.00 150.00 (2) Annual license for manufacture of explosives other than fireworks .......................................................................................... 100.00 150.00 (3) Annual license for manufacture, storage, or transport of fireworks .......................................................................................... 1,000.00 1,500.00 (4) Carnival license ......................................................................... 100.00 150.00 (5) Certificate of occupancy............................................................ 100.00 (6) Construction plan review: (A) Bulk storage construction ...................................................... 100.00 150.00 (B) Building construction, 10,000 square feet or less.................. 100.00 150.00 (C) Building construction, more than 10,000 square feet ............ .015 per square foot (D) Other construction ................................................................. 100.00 150.00 1856 JOURNAL OF THE HOUSE (7) Fire sprinkler contractor certificate of competency .................. (8) Liquefied petroleum gas storage license: (A) 2,000 gallons or less .............................................................. (B) More than 2,000 gallons ........................................................ (9) Building construction inspection: (A) 80 percent completion, 100 percent completion, annual, and first follow-up......................................................................... (B) Second follow-up................................................................... (C) Third and each subsequent follow-up.................................... (10) Purchase, storage, sale, transport, or use of explosives other than fireworks: (A) 500 pounds or less ................................................................. (B) More than 500 pounds ........................................................... (11) New self-service gasoline station permit one-time fee ........... (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee .............................................................. 100.00 150.00 100.00 150.00 500.00 600.00 none 100.00 150.00 150.00 220.00 50.00 75.00 100.00 150.00 100.00 150.00 100.00 150.00" SECTION 51. Said title is further amended by revising Code Section 25-10-5, relating to licensing of fireworks dealers or displays, as follows: "25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code Section 25-10-3.2 shall be $1,000.00 $1,500.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is also authorized and directed to promulgate safety regulations relating to the public exhibition or display of pyrotechnics and the licensing requirements of those conducting such public exhibitions or displays, as he or she deems necessary. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations." SECTION 52. Said title is further amended by revising subsection (a) Code Section 25-11-4, relating to certificates of competency for fire protection sprinkler contractors, as follows: "(a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. FRIDAY, MARCH 26, 2010 1857 Such individual shall remit with his or her application a nonrefundable certificate fee of $100.00 $150.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." SECTION 53. Said title is further amended by revising subsections (b) and (d) of Code Section 25-11-5, relating to licenses for fire protection sprinkler contractors, as follows: "(b) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(d) A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 54. Said title is further amended by revising subsections (a) and (c) of Code Section 25-11-6, relating to fire protection sprinkler system inspector licenses, as follows: "(a) Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fees shall not be prorated for portions of a year." "(c) A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." SECTION 55. Said title is further amended by revising subsections (a) and (c) of Code Section 25-11-7, relating to fire protection system designer licenses, as follows: "(a) Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 $100.00 plus a one-time filing fee of $50.00 $75.00. Such fee shall not be prorated for portions of a year." "(c) A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 $75.00 on or before the date determined by the rules and regulations of each year." 1858 JOURNAL OF THE HOUSE SECTION 56. Said title is further amended by revising Code Section 25-12-8, relating to permits for fire suppression systems and fire extinguishers testing, as follows: "25-12-8. Each individual actually performing the installing, inspecting, repairing, recharging, servicing, or testing activities must possess a valid and subsisting permit issued by the Commissioner. The annual fee for said permit shall be as established by the Commissioner by rule or regulation, but such permit fee shall not exceed $25.00 $75.00. Such permit shall not be required for any individual employed by any firm or governmental entity that engages only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Such individuals shall remain subject to the rules and regulations adopted pursuant to this chapter." SECTION 57. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising Code Section 26-2-25, relating to licensing of food sales establishments, as follows: "26-2-25. (a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Licenses issued under this article shall be valid until suspended or revoked renewed annually and shall not be transferable with respect to persons or location. There shall be no fee for such license. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article. (b) The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section: (1) Large grocery (15,000 square feet and up)......................................... $550.00 (2) Small grocery (less than 15,000 square feet)...................................... 350.00 (3) Convenience store with food service.................................................. 550.00 (4) Convenience store without food service............................................. 150.00 (c) The Department of Agriculture shall have the power to implement rules and regulations necessary to collect the fees provided for by this Code section." FRIDAY, MARCH 26, 2010 1859 SECTION 58. Said title is further amended by revising subsection (a) of Code Section 26-2-312, relating to a wholesale fish dealer license, as follows: "(a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. The annual license fee applicable to and required of wholesale fish dealers shall be as follows: (1) The annual license fee for each resident wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable; (2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $50.00 $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $50.00 $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state." SECTION 59. Said title is further amended by revising subsection (a) of Code Section 26-2-411, relating to a sale of meat, poultry, or seafood from mobile vehicles license, as follows: "(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $50.00 $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee." SECTION 60. Title 32 of the Official Code of Georgia, relating to highways, bridges, and ferries, is amended by revising Code Section 32-6-75.2, relating to the Roadside Enhancement and Beautification Fund, as follows: "32-6-75.2. There is established a special fund to be known as the 'Roadside Enhancement and Beautification Fund.' This fund shall consist of all moneys collected under Code 1860 JOURNAL OF THE HOUSE Section 32-6-75.3, any appropriations by the General Assembly to the fund, revenues derived from the sale of any special and distinctive wildflower motor vehicle license plates issued pursuant to Code Section 40-2-49.2 paragraph (5) of subsection (l) of Code Section 40-2-86, any contributions to the fund from any other source, and all interest thereon. All moneys collected under Code Section 32-6-75.3 and manufacturing fees for any special and distinctive wildflower motor vehicle license plates shall be paid into the fund. 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 department shall administer the fund and expend moneys held in the fund in furtherance of roadside enhancement and beautification projects along public roads in this state and administration of the tree and vegetation trimming permit program under Code Section 32-6-75.3. In addition to the foregoing, the department may, without limitation, promote and solicit voluntary contributions, promote the sale of motor vehicle license tags authorized under Code Section 40-2-49.2 paragraph (5) of subsection (l) of Code Section 40-2-86, and develop any fund raising or other promotional techniques deemed appropriate by the department. Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. The department shall prepare, by February 1 of each year, an accounting of the funds received and expended from the fund. The report shall be made available to the members of the State Transportation Board, the Senate Transportation Committee, the Transportation Committee of the House of Representatives, and to members of the public on request." SECTION 61. Said title is further amended by revising subsection (a) of Code Section 32-9-4, relating to designation of travel lanes, as follows: "(a) The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of: (1) Buses; (2) Motorcycles; (3) Passenger vehicles occupied by two persons or more; (4) Vehicles bearing alternative fueled vehicle license plates issued under Code Section 40-2-76 paragraph (7) of subsection (l) of Code Section 40-2-86.1; or (5) Other vehicles as designated by the department. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed." SECTION 62. Said title is further amended by revising subsection (b) of Code Section 32-9-8, relating to airport licensing, as follows: FRIDAY, MARCH 26, 2010 1861 "(b) It is declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons, and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of $10.00 $100.00 per runway, up to a maximum of $400.00, for each original license and each renewal thereof. All licenses shall be renewed biennially. In promulgating the rules and regulations establishing minimum standards, the department shall consult with the Georgia Aviation Trades Association." SECTION 63. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (g) Code Section 33-2-24, relating to enforcement of laws and regulations by the Commissioner of Insurance, as follows: "(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor, administrator, or adjuster on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules and regulations or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a monetary penalty of up to $1,000.00 $2,000.00 for each and every act in violation of this title or of the rules, regulations, or orders of the Commissioner, unless the insurer, agent, broker, counselor, solicitor, administrator, or adjuster knew or reasonably should have known he or she was in violation of this title or of the rules and regulations or orders of the Commissioner, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation." SECTION 64. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-9, relating to county name decals on license plates, as follows: "40-2-9. Any metal special, distinctive, or prestige license plate, except those provided for in Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise expressly provided in this chapter, shall contain a space for a county name decal. The provisions of this chapter relative to county name decals shall be applicable to all such license plates." SECTION 65. Said title is further amended by revising Code Section 40-2-22, relating to applications to local tag agents, as follows: 1862 JOURNAL OF THE HOUSE "40-2-22. License plates and revalidation decals shall be issued only upon applications made to the local tag agent or the commissioner. License plates and revalidation decals may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter or by the commissioner on an appropriate application forwarded to him by the local tag agent where the type of license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The commissioner shall not be authorized to receive any applications for license plates or revalidation decals except those received through the local tag agents as provided for in this chapter." SECTION 66. Said title is further amended by revising Code Section 40-2-30, relating to purchasing license plates by mail, as follows: "40-2-30. An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his or her residence along with a bank check or money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee." SECTION 67. Said title is further amended by revising subsections (b), (b.1), and (d) of Code Section 40-2-31, relating to the design of license plates and revalidation decals, as follows: "(b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in bold boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal license plate shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new metal license plates and to implement the other provisions of this Code section. FRIDAY, MARCH 26, 2010 1863 (b.1) Repealed. Notwithstanding the provisions of Code Sections 40-2-131 and 48-217, the commissioner is authorized to retain a per plate fee as designated in the General Appropriations Act." "(d) In those years in which a metal new license plate is not issued, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal." SECTION 68. Said title is further amended by revising subsection (b) of Code Section 40-2-33, relating to issuance of license plates and compensation of tag agents, as follows: "(b) Except as provided for in Code Section 40-2-22, the The amount of commission permitted as compensation to tag agents under this Code section shall be $1.00 per license plate or revalidation decal issued during any calendar year. Twenty-five cents for each license plate or revalidation decal sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as provided in Code Section 40-2-34." SECTION 69. Said title is further amended by revising subsection (a) of Code Section 40-2-60, relating to prestige license plates, as follows: "(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and, except as provided in subsection (c) of this Code section, upon the payment of a fee of $25.00 $35.00 in addition to the regular motor vehicle registration fee, shall be issued special personalized prestige license plates by the commissioner. Special personalized license plates issued pursuant to this Code section shall be subject to an additional annual registration fee of $25.00 $35.00 as a condition of obtaining an annual revalidation decal for such license plate which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34." SECTION 70. Said title is further amended by revising subsections (c), (d), and (h) of Code Section 402-60.1, relating to the standardized administrative process for the issuance of special license plates, as follows: "(c) As used in this Code section, the term: 1864 JOURNAL OF THE HOUSE (1) 'Manufacturing fee' means a $25.00 fee paid at the time an application is submitted or upon the issuance of a special license plate. (2) 'Registration fee' means the fees as set forth in Code Section 40-2-151. (3) 'Special license plate' means a metal license plate that is authorized under this Code section that commemorates an event or supports an agency, fund, or program beneficial to the people of this state or is specifically authorized by the General Assembly for certain persons or vehicles. (4) 'Special license plate fee' means a $25.00 $35.00 fee paid at the time a special license plate is issued. (5) 'Special license plate renewal fee' means a $25.00 $35.00 fee paid at the time a special license plate is renewed and a revalidation decal is issued. (c.1) Any special license plate issued under the provisions of this Code section shall be subject to the manufacturing fee, special license plate fee, and special license plate renewal fee provided for in this Code section. (d) The agency, fund, or nonprofit corporation sponsoring a special license plate, in cooperation with the commissioner, shall design a special distinctive license plate appropriate to promote the program benefited by the issuance of the special license plate. Special license plates for groups of individuals and vehicles shall be readily recognizable by the insertion of an appropriate logo or graphic identifying the special nature of the license plate. All special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. Spaces for county name labels are required for license plates authorized under this Code section unless expressly eliminated by the request of the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed." "(h) After July 1, 2007, any Any party requesting a special license plate not previously authorized by this chapter shall make application with the department. The application shall include a design of the proposed license plate and a bond of $50,000.00 to serve as surety for moneys collected from applicants by the sponsor. The commissioner shall review and approve or disapprove all applications within 30 days of receipt by the department. Upon approval of the design by the commissioner, the special license plate authorized pursuant to this subsection shall not be issued except upon the receipt by the department of at least 1,000 prepaid applications together with the manufacturing fees within two years after the date of approval by the commissioner. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees held by the department and the sponsor shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications, the sponsor shall not be entitled to a refund." FRIDAY, MARCH 26, 2010 1865 SECTION 71. Said title is further amended by revising Code Section 40-2-61, relating to special license plates for certain governmental officials, as follows: "40-2-61. The commissioner shall design and issue distinctive license plates to each United States Senator and Congressman elected from the State of Georgia, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and each Justice of the Supreme Court and each Judge of the Court of Appeals to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's elected office and no county name decal need be affixed to such plate. The special license plate authorized by this Code section shall be issued to such elected official upon application and payment of a manufacturing fee of $25.00 $35.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and shall be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 402-34." SECTION 72. Said title is further amended by revising Code Section 40-2-62, relating to special license plates for members of the General Assembly, as follows: "40-2-62. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before the owner's registration period each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 $35.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 $35.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80." 1866 JOURNAL OF THE HOUSE SECTION 73. Said title is further amended by revising subsection (b) of Code Section 40-2-64.1, relating to special license plates for foreign organizations, as follows: "(b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment of the regular license fee, any registration fees, including the $25.00 manufacturing fee and the $35.00 special license plate fee or the $35.00 special license plate renewal fee, as applicable, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle." SECTION 74. Said title is further amended by reserving the following Code sections: (1) Code Section 40-2-32, relating to license plates commemorating colleges and universities; (2) Code Section 40-2-75, relating to special license plates for amateur radio operators; (3) Code Section 40-2-76, relating to special license plates for vehicles using alternative fuels; (4) Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles; and (5) Code Section 40-2-78, relating to special license plates for firefighters. SECTION 75. Said title is further amended by repealing the following Code sections: (1) Code Section 40-2-32.1, relating to license plates for Georgia organizations; (2) Code Sections 40-2-48 through 40-2-49.1, which were reserved; (3) Code Section 40-2-49.2, relating to license plates promoting the conservation of wildflowers; (4) Code Section 40-2-49.3, relating to license plates promoting dog and cat reproductive sterilizations; (5) Code Section 40-2-86, which was reserved; (6) Code Section 40-2-86.1, relating to special license plates for square and round dancers; (7) Code Section 40-2-86.2, relating to a special license plate commemorating the Shrine hospitals for children; (8) Code Section 40-2-86.3, which was reserved; (9) Code Section 40-2-86.4, relating to a special license plate commemorating public schools; (10) Code Section 40-2-86.5, relating to a special license plate honoring educators; (11) Code Section 40-2-86.6, which was reserved; FRIDAY, MARCH 26, 2010 1867 (12) Code Section 40-2-86.7, relating to a special license plate commemorating the National Rifle Association; (13) Code Section 40-2-86.8, relating to a special license plate supporting breast cancer programs for the medically indigent; (14) Code Section 40-2-86.9, relating to a special license plate commemorating Rotary International; (15) Code Section 40-2-86.10, relating to a special license plate commemorating police officers wounded in the line of duty; (16) Code Section 40-2-86.11, relating to a special license plate commemorating the Benevolent and Protective Order of the Elks; (17) Code Section 40-2-86.12, relating to a special license plate displaying the EMS Star of Life symbol; (18) Code Section 40-2-86.13, which was reserved; (19) Code Section 40-2-86.14, relating to a special license plate commemorating licensed physicians; (20) Code Sections 40-2-86.15 through 40-2-86.17, which were reserved; (21) Code 40-2-86.19, relating to a special license plate supporting the Global War on Terrorism and the Operation Enduring Freedom; and (22) Code Section 40-2-86.20, relating to a special license plate supporting the Global War on Terrorism and Iraqi freedom. SECTION 76. Said title is further amended by redesignating and revising Code Section 40-2-86.18, relating to a special license plate honoring family members of service members killed in action, as follows: "40-2-86.18 40-2-85.3. (a) There shall be issued beginning July 1, 2007, special license plates honoring the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plate shall be officially designated as the Gold Star license plate. (b) The commissioner, in cooperation with supporters of this license plate, shall design a special license plate for the family members of service members who have been killed in action while serving in the armed forces of the United States. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. The license plate shall bear in a conspicuous place a gold star with blue fringe on a white background with a red border. This is the symbol for a fallen service member. In the indented area normally used for the county of residence decal, the words 'Gold Star Family' shall be displayed. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. (c) Notwithstanding the provisions of subsections (a) and (b) of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, 1868 JOURNAL OF THE HOUSE through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of such special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) On and after July 1, 2007, any Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. One Gold Star license plate per eligible family member is free of charge, after payment of all ad valorem taxes and other fees due at registration of a motor vehicle. In order to qualify as a family member, the person must be directly related to the fallen service member as a spouse or legal mother or father. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate. (e) Whether a service member is deemed to have been killed in action shall be determined by the classification of death as listed by the United States Department of Defense and may be verified from documentation directly from the Department of Defense. (f) The Gold Star license plate shall be issued only to family members of service members who resided in Georgia at the time of the death of the service member. (g) Renewal decals shall be issued at no cost to the eligible family member upon the payment of ad valorem taxes and other registration fees, provided that the renewal is applied for on or within 30 days prior to the renewal date of the eligible family member. If the eligible family member fails to renew within such time, he or she shall pay a standard renewal fee and be subject to the standard penalties for late payment of ad valorem taxes due on the motor vehicle. (h) An eligible family member may request a Gold Star license plate at any time during his or her registration period. If such a license plate is to replace a current valid license plate, the license plate shall be issued with appropriate renewal decals attached. (i) License plates issued pursuant to this Code section shall not be transferred between vehicles as provided in Code Section 40-2-42, unless the transfer is to another motor vehicle owned by the eligible family member. (j) Gold Star license plates shall be issued within 30 days of application. (k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section." FRIDAY, MARCH 26, 2010 1869 SECTION 77. Said title is further amended by redesignating and revising Code Section 40-2-86.21, relating to revenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, and Code Section 40-286.22, relating to nonrevenue-sharing special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, as follows: "40-2-86.21 40-2-86. (a)(1) As used in this Code section, the term: (A) 'Manufacturing fee' means a $25.00 fee paid at the time a metal special license plate is issued. (B) 'Special license plate fee' means a $35.00 fee paid at the time a special license plate is issued. (C) 'Special tag license plate renewal fee' means a $25.00 $35.00 fee paid at the time a revalidation decal is issued for a special license plate. (2) In accordance with Article III, Section IX, Paragraph VI(n) of the Constitution, the The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the special license plates listed in subsection (o) of this Code section shall be issued by the department beginning on July 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. The license plates listed in subsections (m) and (n) of this Code section shall continue to be issued so long as they meet the requirements of subsections (b), (c), (f), (g), (i), (j), and (k) of this Code section. Any new special license plates adopted after July 1, 2010, that share a portion of the revenue raised with any agency, fund, nonprofit organization, or other similar entity shall allocate the revenue in accordance with the formula contained in subsection (l) of this Code section. (b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a 1870 JOURNAL OF THE HOUSE licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of the manufacturing fee and the special tag renewal fee appropriate fees in addition to the regular motor vehicle registration fee shall be able to apply for a special license plate listed in subsection (o) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates. (e) The manufacturing fee and the special tag renewal fee derived from the sale of special license plates listed in subsection (o) of this Code section shall be apportioned as follows: $1.00 to the county tag agent, $2.00 to the department, $12.00 to be deposited into the general fund, and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (f)(e) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in subsections (m) and (n) of this Code section authorizing the dedication to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g)(f) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate if issued under subsection (m) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee but without payment of the special tag renewal fee. However, special license plates issued under FRIDAY, MARCH 26, 2010 1871 subsections (n) and (o) of this Code section shall be issued with appropriate decals attached upon payment of the manufacturing fee and the special tag license plate renewal fee. (h)(g) On or after July 1, 2010, no No special license plate authorized pursuant to subsection (o)(l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications. The special license plate shall have an application period of two years after the date on which the application period becomes effective for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications the sponsor shall not be entitled to a refund. (i)(h) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of the special tag license plate renewal fee, if applicable, which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 402-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j)(i) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k)(j) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(k) The commissioner is authorized and directed to establish procedures and promulgate rules and regulations to effectuate the purposes of this Code section. (m)(l)(1) The General Assembly has determined that the following existing special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall continue to be issued for the purposes indicated and that all of the funds raised from the manufacturing fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall not be subject to a manufacturing fee, a special tag license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; 1872 JOURNAL OF THE HOUSE (B) Special license plate fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution; and (C) Special license plate renewal fee $35.00 of which $25.00 is to be deposited into the general fund and $10.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation as permitted by Article III, Section IX, Paragraph VI(n) of the Constitution. (2) Special license plates promoting the Nongame-Endangered Wildlife Program of the Georgia Department of Natural Resources. The funds raised by the sale of these special license plates shall be disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural Resources for the purposes enumerated in subsection (b) of Code Section 12-3-602. Such license plates shall not include a space for a county name decal but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name of the county of issuance. (3) A special license plate promoting conservation and enhancement of trout populations. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to supplement trout restoration and management programs. (4) A special license plate supporting the Bobwhite Quail Restoration Initiative. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the Bobwhite Quail Restoration Initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the payment of incentives. Such license plate shall not include a space for a county decal but shall instead bear the legend 'Support Wildlife' in lieu of the name of the county of issuance. (5) Special license plates promoting the conservation of wildflowers within this state. The funds raised by the sale of these special license plates shall be disbursed to the Department of Transportation to be deposited in the Roadside Enhancement and Beautification Fund established by Code Section 32-6-75.2 and shall be expended only for the purposes enumerated in Code Section 32-6-75.2 and Article III, Section IX, Paragraph VI(l) of the Constitution of the State of Georgia. (6) Special license plates promoting the dog and cat reproductive sterilization support program of the Georgia Department of Agriculture. The funds raised by the sale of these special license plates shall be disbursed to the Georgia Department of FRIDAY, MARCH 26, 2010 1873 Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia. (7) Special license plates to honor Georgia educators and financially benefit the Georgia Public School Personnel Indemnification Fund. The funds raised by the sale of these special license plates shall be disbursed to a charitable foundation designated by the State School Superintendent and used to fund educational programs, grants to teachers, and scholarships. The license plates shall display the phrase 'Georgia Educators Make A Difference' and a ripe Red Delicious apple shall be depicted to the left of the identifying number of each plate. (8)(A) The commissioner in cooperation with a college or university may design a special license plate to be issued commemorating that college or university, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the logo or emblem of the college or university shall be placed on the license plate along with the letters and numbers on the license plate. The name of the college or university shall be imprinted on such special license plate in lieu of the county name decal. (B) Any college or university that enters into an agreement with the commissioner pursuant to this paragraph shall waive any royalty fees to which it might otherwise be entitled for use of its seal, symbol, emblem, or logotype as provided in this paragraph. (C) Each college or university located in Georgia that enters into an agreement with the commissioner pursuant to this paragraph shall designate a charitable foundation which shall annually receive an allocation from the special license plate and special license plate renewal fees collected as provided in paragraph (1) of this subsection. Special license plates issued under this paragraph shall be transferred between vehicles as provided in Code Section 40-2-42. (D) The funds allocated for colleges and universities located in Georgia shall be delivered by the department to the charitable foundation designated by the particular college or university to support needs based, academic, financial aid scholarships for eligible undergraduate students enrolled in the college or university. The funds otherwise allocated for colleges and universities located outside the State of Georgia shall be placed into the general fund. (E) Each college or university shall review and approve plans for the implementation of these scholarship programs by the applicable charitable foundation. These plans shall include, but need not be limited to, criteria for the awarding of the scholarships and procedures for determining the recipients. (o)(1) The General Assembly has determined that license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and with a portion of the revenue being disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The revenue disbursement for the special license plates in this subsection shall be as described in subsection (e) of this Code section. 1874 JOURNAL OF THE HOUSE (2)(9) A special license plate for the Georgia Center for the Book to support the purchase of books for public libraries in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for the Book. (3)(10) A special license plate for Children's Healthcare of Atlanta to support the work this pediatric hospital system does in the State of Georgia. The funds raised by the sale of this special license plate shall be disbursed to Children's Healthcare of Atlanta. (4)(11) A special license plate for the Georgia War Veterans Nursing Home to support the implementation and operation of the Georgia War Veterans Nursing Home. The funds raised by the sale of this special license plate shall be disbursed to the Department of Veterans Service for use in operating the Georgia War Veterans Nursing Home. (5)(12) A special license plate for the Georgia Automobile Racing Hall of Fame Association to promote the Georgia Automobile Racing Hall of Fame Association, which is devoted to preserving the history of automobile racing in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Automobile Racing Hall of Fame Association. (6)(13) A special license plate for the Alzheimer's Association, Georgia Chapter, to help eliminate Alzheimer's disease through the advancement of research and to enhance care and support for individuals, their families, and caregivers. The funds raised by the sale of this special license plate shall be disbursed to the Alzheimer's Association, Georgia Chapter. (7)(14) A special license plate for the school health and physical education program to help fund school health and physical education programs. The funds raised by the sale of this special license plate shall be disbursed to the Department of Education. (8)(15) A special license plate for stroke awareness, treatment, and prevention to support programs aiding stroke victims in Georgia. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Stroke Awareness' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Center for Telehealth of the Medical College of Georgia. (9)(16) A special license plate for Project Lifesaver promoting the establishment of a Project Lifesaver or similar type of program by local law enforcement agencies. Project Lifesaver's mission is to use state of the art technology in assisting those who care for victims of Alzheimer's disease and other related mental dysfunction disorders and victims who become lost. The funds raised by the sale of this special license plate shall be disbursed to the Department of Public Safety or a nonprofit corporation organized exclusively for the purpose of establishing a Project Lifesaver or similar type of program by local law enforcement agencies. (10)(17) A special license plate for pediatric cancer to raise funds to support the treatment of pediatric cancer. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Cure Kids' Cancer' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall FRIDAY, MARCH 26, 2010 1875 be disbursed to the Department of Community Health to be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. (11)(18) A special license plate for the child care industry to promote the child care industry by encouraging higher educational standards and providing for professional camaraderie for child care providers. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Support Improved Child Care' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Minority Alliance for Child Care Development Advocates, Inc., for the development of programs to help improve child care. (12)(19) A special license plate to display the motto, 'In God We Trust.' The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (13)(20) A special license plate for child abuse prevention. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds raised by the sale of this special license plate shall be disbursed to the Foster Family Foundation of Georgia for the development of programs to help victims of child abuse. (14)(21) 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 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. (15)(22) A special license plate for pediatric cancer research. The funds raised by the sale of this special license plate shall be disbursed to the Joanna McAfee Childhood Cancer Foundation for support of pediatric cancer research. The design of the special license plate provided for in this paragraph shall include the words 'Joanna McAfee Childhood Cancer Foundation' horizontally across the bottom of the plate in lieu of the county name. (16)(23) A special license plate for supporting beautification projects in Cobb County. The funds raised by the sale of this special license plate shall be disbursed to Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb County. (17)(24) A special license plate for the AIDS Survival Project. The funds raised by the sale of this special license plate shall be disbursed to the AIDS Survival Project which is committed to providing people living with HIV the information and support they need to live healthy and productive lives. (18)(25) A special license endorsing 'Support Our Troops.' The funds raised by the sale of this special license plate shall be disbursed to the Georgia National Guard Family Support Foundation, Incorporated. (19)(26) A special license plate for the Sons of Confederate Veterans. The funds raised by the sale of this special license plate shall be disbursed to Georgia Sons of Confederate Veterans. 1876 JOURNAL OF THE HOUSE (20)(27) A special license plate for amyotrophic lateral sclerosis (ALS), also known as 'Lou Gehrig's disease,' to support research and education on amyotrophic lateral sclerosis. The funds raised by the sale of this special license plate shall be disbursed to the ALS Association of Georgia. (21)(28) A special license plate for foster parents to support programs for foster parents in Georgia. The funds raised by the sale of this special license plate shall be disbursed to The Adoptive and Foster Parent Association of Georgia, Inc., for support of foster parents in Georgia. (22)(29) A special license plate for the Atlanta Braves Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated. (23)(30) 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 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. (24)(31) A special license plate for supporting beautification projects in Georgia. The funds raised by the sale of this special license plate shall be disbursed to Keep Georgia Beautiful Foundation, Inc., for support of beautification projects in Georgia. (25)(32) A special license plate displaying the logo of Choose Life, Inc. The words 'Choose Life' must appear at the bottom. The funds raised by the sale of this special license plate shall be disbursed to Choose Life of Georgia, Inc., to be distributed among nonprofit corporations in Georgia that counsel women to consider adoption. (26)(33) A special license plate supporting education on the maritime history of Georgia's coast. The funds raised by the sale of this special license plate shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs supporting education on the maritime history of Georgia. (27)(34) A special license plate supporting programs for persons with brain-related brain related disorders and disabilities. The funds raised by the sale of this special license plate shall be disbursed to Pilot International, for support of programs for persons with brain-related brain related disorders in Georgia. (28)(35) A special license plate supporting agriculture in Georgia. The funds raised by the sale of this special license plate shall be evenly split between Georgia 4-H and the Georgia Association of Future Farmers of America to fund projects promoting agriculture in Georgia. (29)(36) A special license plate promoting the Georgia equine industry. The funds raised by the sale of this special license plate shall be disbursed to the Agricultural Commodity Commission for Equines. (30)(37) A special license plate promoting African American history and tourism in Georgia. The funds raised by the sale of this special license plate shall be disbursed to organizations dedicated to the preservation of African American history in Georgia. FRIDAY, MARCH 26, 2010 1877 (31)(38) A special license plate honoring veterans who have been awarded the Bronze Star. The funds raised by the sale of this special license plate shall be disbursed to the National Guard Family Foundation. (32)(39) A special license plate promoting the arts in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Council for the Arts. (33)(40) 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 Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia. (34)(41) A special license plate honoring the work of The Garden Club of Georgia, Inc. The funds raised by the sale of this special license plate shall be disbursed to The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded by the club. (35)(42) A special license plate promoting the Georgia Junior Golf Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Junior Golf Foundation. (36)(43) A special license plate commemorating 100 years of scouting in the United States. The funds raised by the sale of this special license plate shall be disbursed to the Boy Scouts of America for the development of scouting programs. (37)(44) A special license plate supporting Cobb County Public Schools. The funds raised by the sale of this special license plate shall be disbursed to the Cobb County Public Schools Educational Foundation and used to fund educational programs, grants to teachers, and scholarships in the Cobb County Public School System. (38)(45) A special license plate supporting the Georgia Sea Turtle Center. The funds raised by the sale of this special license plate shall be charged and disbursed to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and used to fund nongame wildlife conservation and education programs. The design of the license plate provided for in this paragraph shall include the words 'Jekyll Island Georgia's Jewel' horizontally across the bottom of the plate in lieu of the county name, with a diamond jewel symbol in place of the dash. (39)(46) A special license plate commemorating and supporting the sport of soccer in Georgia. The funds raised by the sale of this special license plate shall be disbursed to the Georgia State Soccer Association, Inc., for the development and promotion of soccer programs in the State of Georgia. Such license plate shall not include a space for a county decal but shall instead bear the legend 'gasoccer.org'. (40)(47) 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. 1878 JOURNAL OF THE HOUSE (n)(m)(1) The General Assembly has determined that the following special license plates supporting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and that all of the funds raised from the manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing fee to be paid to the department, shall be disbursed to the agency, fund, or nonprofit corporation indicated in this subsection. The special license plates listed in this subsection shall be subject to a special tag renewal fee. The special license plates listed in this subsection shall be subject to a manufacturing fee, a special license plate fee, and a special license plate renewal fee. The revenue disbursement for the special license plates listed in this subsection shall be as follows: (A) Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general fund and $1.00 to be paid to the local county tag agent; (B) Special license plate fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation; and (C) Special license plate renewal fee - $35.00 of which $13.00 is to be deposited into the general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or nonprofit corporation. (2) A special license plate promoting the United States Disabled Athletes Fund, for the support of disabled athletes. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the United States Disabled Athletes Fund. (3) A special license plate commemorating Civil War battlefields and historic sites. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Civil War Commission for the acquisition of Civil War battlefields and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Article 5 of Chapter 7 of Title 50. (4) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Natural Resources for use by the Historic Preservation Division to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law. (5) A special license plate promoting bicycle safety. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (6) A special license plate honoring families with a member serving in the military. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. FRIDAY, MARCH 26, 2010 1879 (7) A special license plate promoting 'Support Georgia Troops.' The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Veterans Service for use by the National Guard Foundation in carrying out such programs and purposes as may be contractually agreed upon by the department and the foundation. (8) A special license plate promoting NASCAR. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $25.00 $35.00 special license plate renewal fee charged for the issuance and renewal of the NASCAR license plates authorized under this paragraph, $10.25 shall be used by the department for purchasing plates from the supplier of the plates, as designated by NASCAR, and royalty costs, $10.00 shall be deposited in the general fund, and $14.75 shall be disbursed to the Governor's Highway Safety Program administered by the Office of Highway Safety in the Department of Public Safety. (9) A special license plate to support breast cancer related programs for the medically indigent. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of breast cancer license plates authorized under this paragraph, $12.95 shall be deposited in the general fund and $22.05 shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related to programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. Such design shall include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast cancer awareness pink ribbon symbol. 40-2-86.22 40-2-86.1. (a) The General Assembly has determined that the issuance of special license plates to support an agency or fund or a program beneficial to the people of this state that is administered by a nonprofit corporation organized under Section 501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the appropriation process of the General Assembly, appropriating a portion of the funds raised from the sale of these special license plates is in the best interests of the people of this state. Therefore, the license plates listed in subsection (l) of this Code section shall be issued by the department beginning on January 1, 2007, if all of the requirements of subsections (b) through (k) of this Code section have been satisfied. (b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended to promote the program benefited by the sale of the special license plate. The 1880 JOURNAL OF THE HOUSE special license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the provisions of subsection (b) of this Code section, no special license plate shall be produced until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to produce the special license plate. The design of the initial edition of any special license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning on January 1, 2007, any Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the regular motor vehicle registration fee, shall be able to apply for a special license plate listed in subsection (l) of this Code section. Revalidation decals shall be issued for special license plates in the same manner as provided for general issue license plates, with the addition of a $35.00 special license plate renewal fee. (e) The manufacturing fee, special license plate fee, and special license plate renewal fee derived from the sale of special license plates contained in subsection (l) of this Code section shall be deposited into the general fund. The sponsoring agency, fund, or nonprofit corporation, subject to the appropriation process of the General Assembly, may request that the funds derived from the sale of special license plates be appropriated to the department for disbursement to such agency, fund, or nonprofit corporation. (f) Before the department disburses to the agency, fund, or nonprofit corporation funds from the sale of special license plates, the agency, fund, or nonprofit corporation must provide a written statement stating the manner in which such funds shall be utilized. In addition, a nonprofit corporation must provide the department with documentation of its nonprofit status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. The purposes for which the funds shall be utilized must be the same as those specified in FRIDAY, MARCH 26, 2010 1881 subsection (l) of this Code section authorizing the potential appropriation to the agency, fund, or nonprofit corporation of revenue from the sale of special license plates. The agency, fund, or nonprofit corporation shall periodically provide to the commissioner an audit of the use of the funds or other evidence of use of the funds satisfactory to the commissioner. If it is determined that the funds are not being used for the purposes set forth in the statement provided by the agency, fund, or nonprofit corporation, the department shall withhold payment of such funds until such noncompliance issues are resolved. (g) An applicant may request a special license plate any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the special license plate shall be issued with appropriate decals attached, upon the payment of any applicable registration fees, the manufacturing fee, and the special license plate fee. (h) No special license plate authorized pursuant to subsection (l) of this Code section shall be issued except upon the receipt by the department of at least 1,000 prepaid applications. The special license plate shall have an application period of two years after January 1, 2007, from the date of authorization for payment of the manufacturing fee. After such time if the minimum number of applications is not met, the department shall not continue to accept the manufacturing fee, and all fees shall be refunded to applicants; provided, however, that once the department has received 1,000 prepaid applications the sponsor shall not be entitled to a refund. (i) The department shall not be required to continue to manufacture the special license plate if the number of active registrations falls below 500 registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31. A current registrant may continue to renew such special license plate during his or her annual registration period upon payment of an additional $25.00 annual special tag $35.00 special license plate renewal fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number of registrations. If the special license plate falls below 500 active registrations at any time during the period provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation shall be required again to obtain 1,000 prepaid applications accompanied by the manufacturing fee to continue to manufacture the special license plate. (j) Special license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. (k) Special license plates shall be issued within 30 days of application once the requirements of this Code section have been met. (l)(1) The General Assembly has determined that license plates promoting the agencies, funds, or nonprofit corporations listed in this subsection shall be issued for the purposes indicated and the revenue shall be deposited in the general fund, subject to the appropriation process of the General Assembly. 1882 JOURNAL OF THE HOUSE (2) A special license plate identifying persons with diabetes. The main purpose of the special license plate is that law enforcement officers and emergency personnel will be alerted to the potential for special needs before they approach the driver of a vehicle, especially if the vehicle has been involved in an accident. The funds raised by the sale of this special license plate shall be deposited in the general fund. (3) A special license plate honoring all veterans who have served in the armed services of the United States. All of these men and women have sacrificed a portion of their lives in order to serve their country and protect our freedom. The funds raised by the sale of this special license plate shall be deposited in the general fund. (4) A special license plate honoring the Georgia Association of Realtors. The Association is being honored for its long-standing support of housing opportunities for all citizens of this state, private property rights, and all organizations that assist people in achieving the American dream of home ownership. The funds raised by the sale of this special license plate shall be deposited in the general fund. (5) A special license plate honoring Georgia municipal clerks. The municipal clerk's office provides the professional link connecting citizens with their local governing bodies and agencies of government at other levels. The funds raised by the sale of this license plate shall be deposited in the general fund. (6) A special license plate identifying residents of the State of Georgia who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communication Commission. The special license plate shall be inscribed with the official amateur radio call letters of such applicant as assigned by the Federal Communication Commission. The funds raised by the sale of this license plate shall be deposited in the general fund. (7)(A) A special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the commissioner shall place a distinctive logo or emblem on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) As used in this paragraph, the term: (i) 'Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is FRIDAY, MARCH 26, 2010 1883 substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits. (ii) 'Alternative fueled vehicle' means: (I) Any vehicle fueled by alternative fuel as defined in division (i) of this subparagraph; or (II) A hybrid vehicle, which means a motor vehicle which draws propulsion energy from onboard sources of stored energy which include an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and, in the case of a passenger automobile or light truck, means for any 2000 and later model, a vehicle which has received a certificate of conformity under the Clean Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent qualifying California low-emission vehicle standard under Section 243(e)(2) of the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year or, for any 2004 and later model, a vehicle which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the administrator of the Environmental Protection Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for that make and model year vehicle and which achieves a composite label fuel economy greater than or equal to 1.5 times the Model Year 2002 EPA composite class average for the same vehicle class and which is made by a manufacturer. (8) A special license plate for antique or hobby or special interest vehicles. As used in this paragraph, the term 'antique or hobby or special interest vehicle' means any motor vehicle or motor cycle or a motor vehicle which as been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades and similar uses but which may be used for general transportation. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state. The funds raised by the sale of this license plate shall be deposited in the general fund. (9)(A) A special license plate for owners of a private passenger car or truck used for personal transportation, who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary. The funds raised by the sale of this license plate shall be deposited in the general fund. 1884 JOURNAL OF THE HOUSE (B) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $35.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chief's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (C) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 or were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this paragraph the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. (D) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry. (10) A special license plate supporting Rotary International. The design of the special license plate, excepting only the Rotary International logo and motto 'Service Above Self' and the years 1905-2005 and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The funds raised by the sale of this license plate shall be deposited in the general fund. (11) A special license plate for any Georgia resident who is the owner of a private passenger motor vehicle and provides proof of certification or licensure by the State of Georgia as an emergency medical technician, paramedic, or owner of a licensed ambulance service in the State of Georgia promoting the EMS Star of Life Symbol. Such license plate shall display the National Highway Traffic Safety Administration's FRIDAY, MARCH 26, 2010 1885 EMS Star of Life Symbol and the initials 'EMS.' The funds raised by the sale of this license plate shall be deposited in the general fund." SECTION 78. Said title is further amended by revising paragraph (1) of subsection (g) Code Section 405-67.1, relating to chemical tests for drugs or alcohol and implied consent notices, as follows: "(g)(1) A person whose driver's license is suspended or who is disqualified from operating a commercial motor vehicle pursuant to this Code section shall remit to the department a $150.00 filing fee together with a request, in writing, for a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded." SECTION 79. Said title is further amended by revising subsection (a) of Code Section 40-8-90, relating to restrictions on use of blue lights on vehicles, as follows: "(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary, except: (A) Motor vehicles owned or leased by any federal, state, or local law enforcement agency; (B) Motor vehicles with a permit granted by a state agency to bear such lights; or (C) Antique, hobby, and special interest vehicles, as defined in subsection (a) of Code Section 40-2-77 paragraph (8) of subsection (l) of Code Section 40-2-86.1, which may display a blue light or lights of up to one inch in diameter as part of any such vehicle's rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor." SECTION 80. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-25-3, relating to licenses to operate a motor vehicle racetrack, as follows: "43-25-3. Application for a license to operate or conduct a racetrack or other place for the holding of motor vehicle races or exhibitions shall be made in writing to the Safety Fire Commissioner on a form prescribed by or furnished by the Safety Fire Commissioner. The application form shall require a full and complete address of the track or other 1886 JOURNAL OF THE HOUSE place desired to be licensed, the name and address of the licensee, and the name and address of the promoter of such race or exhibition and shall contain such further information as the Safety Fire Commissioner may require in order to comply with Code Section 43-25-4. Such application shall be accompanied by a nonrefundable fee of $100.00 $150.00." SECTION 81. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is further amended by revising Code Section 45-9-76, relating to the Georgia Public School Personnel Indemnification Fund, as follows: "45-9-76. The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring Georgia educators as provided by paragraph (7) of subsection (l) of Code Section 40-286.5 40-2-86. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse." SECTION 82. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-5-70, relating to filing of articles with the clerk of court, as follows: "46-5-70. The applicants shall file the application, including the articles of incorporation and the order of the judge thereon, in the office of the clerk of the superior court of the county in which the principal office of the cooperative is to be located, and shall concurrently therewith deposit with and pay to said clerk the fee provided for in Code Section 46-5100." SECTION 83. Said title is further amended by revising Code Section 46-5-73, relating to duty of clerk to deliver to applicants certified copies of articles and of order thereon, as follows: "46-5-73. Upon the filing of the articles of incorporation and the order of the judge thereon with the clerk of the superior court and the fee being paid as required by Code Section 46-570, the clerk shall forthwith deliver to the applicants or their attorney two certified copies of the articles of incorporation and the order of the judge thereon, and the filing of the clerk thereon and receipt for the cost which has been paid to the clerk." SECTION 84. Said title is further amended by revising Code Section 46-5-100, relating to fees for rural telephone cooperatives, as follows: FRIDAY, MARCH 26, 2010 1887 "46-5-100. (a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings. (b) Each cooperative shall be charged by the Secretary of State the fees specified in Code Section 14-2-122 for the filing of documents and issuance of certificates." SECTION 85. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (a) of Code Section 48-17-2, relating to license fees for coin operated amusement machines, as follows: "(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay annual master license fees as follows: (1) Level one license. (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $1,000.00. (B) In the event such owner acquires a sixth or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter so that the total number of machines owned does not exceed 60 machines or more, such owner shall pay an additional master license fee of $1,250.00 $1,500.00; (2) Level two license. (A) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $1,500.00 $2,500.00. (B) In the event such owner acquires a sixty-first or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $1,000.00 $2,500.00; or (3) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $5,000.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the calendar year for $175.00 $500.00 for a level one license, $1,050.00 $1,250.00 for a level two license, or $1,750.00 $2,500.00 for a level three license. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year." 1888 JOURNAL OF THE HOUSE SECTION 86. Said title is further amended by revising subsections (a) and (d) of Code Section 48-17-9, relating to payment and collection of the annual permit fee, as follows: "(a) Every owner, except an owner holding a coin operated machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $25.00 $200.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $25.00 $200.00 payment for each coin operated machine. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year." "(d) The commissioner may provide a duplicate permit sticker if a valid permit sticker has been lost, stolen, or destroyed. The fee for a duplicate permit sticker shall be $10.00 $50.00. If a permit sticker is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the permit sticker was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed permit before a replacement permit can be issued. A permit for which a duplicate permit sticker has been issued is void." SECTION 87. Said title is further amended by revising Code Section 48-17-11, relating to permit fees for additional coin operated machines, as follows: "48-17-11. If an owner purchases or receives additional coin operated machines during the calendar year, the $25.00 $200.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 $10,000.00 shall be assessed by the commissioner for every machine in operation being illegally operated with or without a permit sticker. In addition to the penalty fee the commissioner shall revoke the master license to operate coin operated machines of the owner of a machine in operation without a permit sticker and shall initiate an investigation to determine if the owner's license to sell alcohol or tobacco should be revoked." SECTION 88. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-7-70, relating to agricultural tourist attractions, as follows: FRIDAY, MARCH 26, 2010 1889 "(d) Entities wishing to be recognized by the department as an agricultural tourist attraction shall submit an application to the department with a one-time application fee of up to $250.00 $300.00." SECTION 89. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 90. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles N Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Dooley Y Drenner Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson Floyd N Fludd N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger N Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Hembree N Henson Y Hill, C Hill, C.A Y Holt N Horne Y Houston N Howard E Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan Kaiser Y Keen Y Keown N Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Marin Y Martin Y Maxwell Y May Y Mayo N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan E Morris Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey N Randall N Reece N Reese Y Rice Y Roberts Rogers N Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix 1890 JOURNAL OF THE HOUSE Y Cooper Y Cox E Heard N Heckstall N Mangham Y Manning Y Rynders N Scott, A Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 100, nays 57. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Hill of the 180th and Rogers of the 26th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. Representatives Baker of the 78th and Long of the 61st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon. Representatives Everson of the 106th and Keown of the 173rd 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 This version of HB 1055 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 1055. /s/ Bobby Franklin Representative, District 43 House of Representatives Atlanta, Georgia HB 1055 contains an unconstitutional delegation of legislative power to the executive branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 FRIDAY, MARCH 26, 2010 1891 HB 1283. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide definitions; to provide legislative findings; to provide that all budget units of the state shall implement a policy to review and modify, if necessary, all user fees collected; to provide principles to be followed when reviewing user fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce Y Bryant N Buckner N Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper N Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier Y Fullerton N Gardner Y Geisinger N Glanton N Golick E Gordon N Greene Y Hamilton E Hanner Y Harbin Y Harden, B N Harden, M N Hatfield E Heard N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston N Howard N Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan Kaiser Y Keen N Keown Kidd 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 E Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett Y Purcell E Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A N Scott, M Y Sellier E Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R Stephenson N Stout Y Talton N Taylor N Teilhet Thomas N Thompson VACANT Y Walker N Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker 1892 JOURNAL OF THE HOUSE On the passage of the Bill, the ayes were 90, nays 73. The chair voted "aye." On the passage of the Bill, the ayes were 91, nays 73. The Bill, having received the requisite constitutional majority, was passed. House of Representatives Atlanta, Georgia HB 1283 contains an unconstitutional delegation of legislative power to the executive branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 Representative Fludd of the 66th moved that the House reconsider its action in giving the requisite constitutional majority to HB 1283. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield N Benton E Black Y Brooks Bruce N Bryant Y Buckner Burkhalter N Burns Y Crawford N Davis Y Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England N Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Kaiser N Keen N Keown N Kidd Y Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan E Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parrish N Parsons N Peake Scott, M N Sellier N Setzler Y Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield Y Smith, B Y Smith, E N Smith, K N Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M N Stephens, R Stephenson N Stout N Talton Y Taylor Y Teilhet FRIDAY, MARCH 26, 2010 1893 N Butler N Byrd Y Carter N Casas N Chambers N Channell Cheokas N Coan N Cole N Coleman N Collins, D Collins, T N Cooper N Cox Y Gardner N Geisinger Y Glanton N Golick E Gordon Y Greene N Hamilton E Hanner N Harbin N Harden, B N Harden, M Y Hatfield E Heard Y Heckstall N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey Y Long N Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning Y Porter Y Powell, A N Powell, J N Pruett N Purcell E Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A Thomas Y Thompson VACANT N Walker Y Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 56, nays 104. The motion was lost. Representative Cheokas of the 134th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. HB 1284. By Representatives Smith of the 131st, Jones of the 46th, Keen of the 179th, Harbin of the 118th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Code Section 45-12-92 of the Official Code of Georgia Annotated, relating to revenue collections to be paid to the state treasury on a monthly basis, so as to require the Office of Planning and Budget to maintain a record of all user fees collected by any department, agency, or other budget unit; to provide for publication of the record on the Open Georgia website; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Dollar Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Marin Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B 1894 JOURNAL OF THE HOUSE Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter 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 Y Dukes Y Ehrhart Y England 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Kaiser Y Keen Y Keown Y Kidd 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 Mills Y Mitchell Y Morgan Y Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Byrd of the 20th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Davis of the 109th and Fullerton of the 151st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. 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 and resolution of the Senate: SB 419. By Senators Ramsey, Sr. of the 43rd, Douglas of the 17th, Buckner of the 44th, Harbison of the 15th, Henson of the 41st and others: FRIDAY, MARCH 26, 2010 1895 A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide for the notation on drivers' licenses of a diagnosis of post traumatic stress disorder; to provide for certification; to provide for procedures; to repeal conflicting laws; and for other purposes. SB 501. By Senators Douglas of the 17th, Smith of the 52nd, Seabaugh of the 28th, Rogers of the 21st and Staton of the 18th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Transportation, so as to modify provisions relating to the State Transportation Board; to provide for the appointment of a treasurer of transportation; to require the treasurer and assistant treasurer to maintain certain certifications; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 505. By Senators Staton of the 18th, Mullis of the 53rd, Williams of the 19th, Douglas of the 17th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition, terms, and election of members of the State Transportation Board, so as to limit membership on the board to one five-year term; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SR 513. By Senators Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Stoner of the 6th, Pearson of the 51st and others: A RESOLUTION creating the Joint Georgia State Fire Services Study Committee; and for other purposes. Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 523. By Senators Cowsert of the 46th, Mullis of the 53rd, Heath of the 31st and Pearson of the 51st: A BILL to be entitled an Act to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with 1896 JOURNAL OF THE HOUSE conservation, natural resources, and cultural activities, so as to reconstitute the governance of the Georgia Sports Hall of Fame Authority; to provide for a new governing body for the authority and its members and their appointments, terms, vacancies, duties, and compensation; to provide for appropriate staff of the authority; to authorize the authority to create and enter into a nonprofit corporation to assist with certain functions of the authority; to provide that the Georgia Sports Hall of Fame Authority and the Georgia Music Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities; to repeal conflicting laws; and for other purposes. SB 526. By Senators Davis of the 22nd, Chance of the 16th and Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads, so as to provide for regulation of oversize and overweight loads on streets or highways; to change the designation of certain streets or highways; to provide for a certification program for drivers of oversized vehicle escorts; to provide for insurance coverage for certain permit holders; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to provide for vehicles approaching an intersection with a pedestrian hybrid beacon; to provide for evidence obtained by speed detection devices in a variable speed zone is inadmissible; 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 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. The following Committee substitute was read: FRIDAY, MARCH 26, 2010 1897 A BILL To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, so as to provide for a payment to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for a short title; to provide for definitions; to establish two segregated accounts within the Indigent Care Trust Fund for the deposit of provider payments; to provide for a method for calculating and collecting the provider payment; to authorize the Department of Revenue to inspect hospital records for purposes of auditing provider payments; to provide for penalties for failure to pay a provider payment; to authorize the Department of Revenue to recommend withholding of Medicaid payments equal to amounts owed as a provider payment and penalty; to provide for the collection of payments by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for automatic repeal; 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 "Provider Payment Agreement Act." SECTION 2. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the care and protection of indigent and elderly patients, is amended by adding a new article to read as follows: "ARTICLE 6C 31-8-179. This article is enacted pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. 31-8-179.1. As used in this article, the term: (1) 'Ambulatory surgical center' means any institution licensed pursuant to Chapter 7 of this title, which is a public or private facility, not part of a hospital, which provides surgical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. (2) 'Department' means the Department of Revenue. (3) 'Hospital' means an institution licensed pursuant to Chapter 7 of this title which is primarily engaged in providing to inpatients, by or under the supervision of 1898 JOURNAL OF THE HOUSE physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, rehabilitative, geriatric, osteopathic, and other specialty hospitals and freestanding ambulatory surgical centers, but shall not include psychiatric hospitals as defined in paragraph (7) of Code Section 37-3-1, critical access hospitals as defined in paragraph (3) of Code Section 33-21A-2, hospitals not authorized by law to accept Medicaid payments, or any state owned or state operated hospitals. (4) 'Net patient revenue' means the total gross patient revenue of a hospital less contractual adjustments; charity care; bad debt; Hill-Burton commitments; and indigent care as defined by and calculated in available audited Medicaid and medicare cost reports provided to the Department of Community Health, the Disproportionate Share Hospital Survey, or the Department of Community Health's annual financial survey. (5) 'Provider payment' means the payment imposed pursuant to this article for the privilege of operating a hospital. (6) 'Segregated account' means an account for the dedication and deposit of provider payments which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (7) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. 31-8-179.2. There are established within the trust fund two segregated accounts for revenues raised through the imposition of the provider payment. All revenues raised through provider payments from hospitals other than ambulatory surgical centers shall be credited to one segregated account within the trust fund and all revenues raised through provider payments from ambulatory surgical centers shall be credited to a second segregated account. All funds shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated accounts. 31-8-179.3. (a) Each hospital shall be assessed a provider payment, assessed uniformly upon all hospitals, in the amount of 1.45 percent of the net patient revenue of the hospital. (b) The provider payment shall be paid quarterly by each hospital to the department. The assessment shall be based on the hospital's most recent completed, available, and audited Medicaid and medicare cost reports as submitted to the Department of Community Health; provided, however, that for ambulatory surgical centers, the assessment shall be based on the annual financial survey submitted to the Department of Community Health. Payment of the provider payment shall be due at end of each calendar quarter; the first payment shall be due on September 30. FRIDAY, MARCH 26, 2010 1899 31-8-179.4. (a) The department shall collect the provider payments imposed pursuant to Code Section 31-8-179.3. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. (b) The department shall prepare and distribute a form upon which each hospital shall submit information to comply with this article. (c) Each hospital shall keep and preserve for a period of three years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a hospital for purposes of auditing the calculation of the provider payment. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record. (d) In the event the department determines that a hospital has underpaid or overpaid the provider payment, the department shall notify the hospital of the balance of the provider payment or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any hospital that fails to pay the provider payment pursuant to this article within the time required by this article shall pay, in addition to the outstanding provider payment, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a provider payment has not been received by the department by the last day of the month, the department shall recommend that the Department of Community Health withhold an amount equal to the provider payment and penalty owed from any medical assistance payment due such hospital under the Medicaid program. The provider payment levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account. 31-8-179.5. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the Department of Community Health for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from the segregated account for any purpose other than such medical assistance payments shall be void. (b) Revenues appropriated to the Department of Community Health pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. 1900 JOURNAL OF THE HOUSE (c) Appropriations from the segregated account to the Department of Community Health shall not lapse to the general fund at the end of the fiscal year. 31-8-179.6. The Department of Community Health shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the Department of Community Health pursuant to this article. 31-8-179.7. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department and the Department of Community Health in carrying out the purposes of this article. 31-8-179.8. This article shall stand repealed on June 30, 2013." SECTION 3. This Act shall become effective July 1, 2010. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representatives Ehrhart of the 36th, Keen of the 179th, and Hill of the 21st move to amend the substitute to HB 307 (LC 33 3733-ECS) by inserting after "hospitalization" and before the period on line 32 the following: ; provided, however, this term shall not include joint venture ambulatory surgical centers, as defined in paragraph (23) of Code Section 31-6-2, or single specialty ambulatory surgical centers, as defined in paragraph (33) of Code Section 31-6-2, which are exempt from Chapter 6 of this title pursuant to paragraphs (18) and (19) of Code Section 31-6-47 By striking the word "freestanding" on line 39. On the adoption of the amendment, the roll call was ordered and the vote was as follows: Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Hembree Y Henson Hill, C Hill, C.A Y Holt Y Marin Y Martin Y Maxwell Y May N Mayo Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon FRIDAY, MARCH 26, 2010 1901 Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell Y Benfield Benton E Black N Brooks Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Cooper Y Cox Y Dickson N Dobbs N Dodson E Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N Heckstall Y Horne Y Houston N Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas Y Thompson VACANT N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the amendment, the ayes were 135, nays 23. The amendment was adopted. Representatives Cooper of the 41st and Hill of the 21st stated that 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 Walker of the 107th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The 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. Pursuant to Rule 133, Representative Franklin of the 43rd was excused from voting on HB 307. 1902 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson E Dollar Dooley Y Drenner Y Dukes Y Ehrhart Y England Epps, C Y Epps, J N Everson Y Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston N Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R N 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 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 Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A N Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor N Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 23. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. HB 1242. By Representatives Hamilton of the 23rd, Sheldon of the 105th, Rogers of the 26th, England of the 108th, Meadows of the 5th and others: FRIDAY, MARCH 26, 2010 1903 A BILL to be entitled an Act to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions regarding ethics in government, so as to provide that members of the State Transportation Board are public officers for the purposes of Chapter 5 of Title 5, relating to ethics in 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. 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 E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson E Dollar Y Dooley Y Drenner Y 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E 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 E Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 158, nays 0. 1904 JOURNAL OF THE HOUSE The Bill, having received the requisite constitutional majority, was passed. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR FRIDAY, MARCH 26, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HB 567 HB 927 HB 1019 HB 1023 HB 1121 HR 1203 HR 1648 Crime Victims' Bill of Rights; rights of crime victims; change certain provisions (Substitute)(JudyNC-Parsons-42nd) Public schools disciplinary tribunals; bullying; expand definition (Substitute)(JudyNC-Jacobs-80th) State government; replacement permits, licenses, and identification cards; provisions (SI&P-Morgan-39th) Jobs, Opportunity, and Business Success Act of 2010; enact (Substitute)(SCSBDJ-Graves-12th) Quality Basic Education Act; state assessments tampering a misdemeanor; provisions (Substitute)(JudyNC-Ramsey-72nd) Sales and use tax; educational purposes; provide - CA (Substitute)(W&MParrish-156th) Public safety and transportation commissioners; increase maximum speed limit on parts of Interstate 185; urge (PS&HS-Smyre-132nd) Structured Rule HB 374 Income tax; withholding tax; seller subject to documentation requirements; provide (Substitute)(W&M-Crawford-16th) FRIDAY, MARCH 26, 2010 1905 HB 827 HB 993 HB 1020 HB 1393 Highway employees; death or disability; indemnification; change provisions (Judy-Sims-169th) Taxation; furnishings for accommodations; authorize (Substitute)(W&MLucas-139th) Sales and use tax; county tax for educational purposes; revise (Substitute)(W&M-Parrish-156th) Sales and use tax; cap exemption; metropolitan public transportation purposes; provide (Substitute)(W&M-Abdul-Salaam-74th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1019. By Representatives Morgan of the 39th, Barnard of the 166th, Murphy of the 120th, Gardner of the 57th, Johnson of the 37th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide that each state agency that issues permits, licenses, certificates, and identification cards to citizens of this state shall issue replacement permits, licenses, certificates, or identification cards without charge to citizens who apply for such replacement permits, licenses, certificates, or identification cards and who demonstrate that their original permits, licenses, certificates, or identification cards were lost or destroyed as the direct result of a natural disaster; 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 Y Austin Y Crawford Davis Y Dawkins-Haigler Y Day Dempsey Y Dickson Y Dobbs Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C 1906 JOURNAL OF THE HOUSE Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dodson E 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 Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representatives Davis of the 109th, Dempsey of the 13th and Powell of the 29th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker Pro Tem assumed the Chair. 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 FRIDAY, MARCH 26, 2010 1907 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. The following Committee substitute was read: A BILL To amend Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, so as to add and revise certain definitions; to provide for warnings posted in tanning facilities; to provide for licensure and inspection of tanning facilities; to provide for rules for operation of tanning facilities; to provide for inspections by county boards of health; to provide for inspection fees; to provide for penalties; 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. Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, is amended by revising Code Section 31-38-1, relating to definitions relative to tanning facilities, as follows: "31-38-1. As used in this chapter, the term: (1) 'CFR' means Code of Federal Regulations. (1.1) 'Consumer' means any individual who is provided access to a tanning facility as defined in this chapter. (1.2) 'Fitzpatrick Scale' means a scale based on skin types and sunburning and tanning history for classifying a skin type based on the skin's reaction to the first ten to 45 minutes of sun exposure after the winter season as follows: (A) Always burns easily, never tans: I; (B) Always burns easily, tans minimally: II; (C) Burns moderately, tans gradually: III; (D) Burns minimally, always tans well: IV; (E) Rarely burns, tans profusely: V; and (F) Never burns, deeply pigmented: VI. (2) 'Individual' means any human being. (3) 'Operator' means any individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. (4) 'Person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, 1908 JOURNAL OF THE HOUSE any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities. (4.1) 'Tanning booth' means any enclosed or semi-enclosed structure, whether vertical or horizontal, that is or contains a tanning device. (4.2) 'Tanning device' means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. (5) 'Tanning equipment' means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation. any tanning device and any accompanying equipment, such as protective eyewear, timers, and handrails. The term shall not include any of the following: (A) Phototherapy devices utilized by appropriate health care professionals under the direct supervision of a physician who is trained in the use of phototherapy devices; (B) Devices used for personal use in a private residence; and (C) Devices intended for purposes other than the irradiation of human skin. (6) 'Tanning facility' means any location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. 'Tanning facility' includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. (7) 'Ultraviolet radiation' means electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers." SECTION 2. Said chapter is further amended by revising Code Section 31-38-4, relating to warning sign to be posted and contents of warning sign, as follows: "31-38-4. (a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment. (b) The warning sign required in subsection (a) of this Code section shall use upper and lower case letters which are at least two inches and one inch in height, respectively, and shall have the following wording: 'DANGER - ULTRAVIOLET RADIATION -Follow instruction. -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. -Wear protective eyewear. FRIDAY, MARCH 26, 2010 1909 FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. -Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. -If you do not tan in the sun, you are unlikely to tan from the use of this product. MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED 15 MINUTES. According to the research and clinical experience of the American Academy of Dermatology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning. Do not sunbathe before or after exposure to ultraviolet radiation from sunlamps. Women who are pregnant or are taking oral contraceptives who use this device may develop discolored skin. A consumer may call the Department of Community Health at (insert telephone number) to report an alleged injury regarding this tanning facility.' (c) Each consumer shall be provided with a written warning statement requiring his or her signature prior to initial exposure and before renewals of contracts. The warning statement shall include all of the following information: (1) Failure to use the eye protection provided to the consumer by the tanning facility may result in damage to the eyes; (2) Overexposure to ultraviolet radiation produced by the tanning devices causes burns; (3) Repeated exposure to the ultraviolet radiation produced by the tanning devices may result in premature aging of the skin, skin cancer, or both; (4) Abnormal skin sensitivity to ultraviolet radiation or burning may be caused by reactions to certain foods, cosmetics, or medication. Such medication includes, but is not limited to, tranquilizers, diuretics, antibiotics, high blood pressure medicine, and birth control pills; (5) Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device; (6) A person with skin that always burns easily or never tans should avoid using a tanning device; and (7) A person with a family or past medical history of skin cancer should avoid using a tanning device. (d) Not later than September 1, 2010, the department shall post an approved example of the warning statement required by subsection (c) of this Code section on the department's Internet website in a form that is easily downloaded and printed by a tanning facility owner or operator. (e) A record of each consumer using a tanning device shall be maintained at the tanning facility for at least three years after the date of the consumer's last use of a 1910 JOURNAL OF THE HOUSE tanning device. The department by rule shall prescribe the form and content of the record. The record shall include: (1) Any injury or illness resulting from the use of a tanning device; and (2) The consumer's skin type, as determined by the consumer by using the Fitzpatrick Scale for classifying a skin type." SECTION 3. Said chapter is further amended by adding new Code sections to read as follows: "31-38-4.1. (a) No person shall establish, maintain, or operate a tanning facility without first having obtained a license issued by the department. (b) A person may apply for a license required under subsection (a) of this Code section by submitting an application to the department on a form prescribed by the department. The form shall require all of the following information: (1) The name, address, and telephone number of the tanning facility and owner; (2) The manufacturer, model number, and type of each ultraviolet lamp or tanning device used in the tanning facility; (3) The name of the equipment supplier, installer, and service agent of each ultraviolet lamp or tanning device used in the tanning facility; (4) A signed and dated certification that the applicant has read and understands the requirements of this chapter; (5) A copy of the operating and safety procedures of the tanning facility; and (6) Any additional information required by the department. (c) The department shall issue a license to an applicant upon determination that the applicant meets all of the requirements of this chapter. (d) An applicant shall be required to pay an annual license fee of $25.00 per tanning facility and an additional license fee of $15.00 per tanning device owned, leased, or otherwise used by the tanning facility. (e) A licensee shall post its license in a location clearly visible to its consumers. (f) A license shall expire annually on the date specified in the license. (g) A licensee shall file an application for renewal on a form prescribed by the department prior to expiration of its current license. (h) The department may conduct an initial inspection, after receipt of an application for a license under this chapter and before the license is granted, of a tanning facility and may inspect such facility annually thereafter. Inspections conducted by the department pursuant to this subsection may encompass any or all of the following matters: (1) The operation of the tanning facility; (2) Review of required records and training documentation; (3) Operator understanding and competency; and (4) Any other area concerning a requirement of this chapter. FRIDAY, MARCH 26, 2010 1911 31-38-4.2. (a)(1) Except as provided in paragraph (2) of this subsection, an operator shall be present when tanning equipment is operated. (2) The presence of an operator shall not be required when tanning equipment is operated if: (A) Access to the tanning equipment is controlled by security measures designed to permit access only by persons 18 years of age or older who: (i) Have been previously instructed, examined, and advised of maximum exposures pursuant to subsections (c) and (d) of this Code section; (ii) Have used a tanning device at the facility on at least three prior occasions with an operator on the premises; and (iii) Have access to an intercom or buzzer attended by an operator remotely or to an emergency response device such that emergency assistance and personnel can be summoned promptly; and (B) The absence of an on-premises operator is clearly indicated by warning signs posted at the entrance to the tanning facility and in each tanning booth. (b) The tanning equipment shall have a control that enables the consumer to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp or other tanning device. (c) Operators shall instruct consumers in all of the following: (1) The proper position to maintain relative to the equipment; (2) The position of the safety railing, if applicable; (3) The operation of the manual switching device to terminate radiation; and (4) The maximum time of exposure. (d) Operators must be able to recognize the skin type of the consumer based on the Fitzpatrick Scale and advise the customer accordingly regarding maximum time of exposure. (e) Contact surfaces of tanning devices shall be cleansed by the tanning facility or by the consumer when an operator is not present between uses with a cleansing agent approved by the department. After cleansing each time, a visible sign shall be placed on the bed or booth indicating that it has been properly cleansed. Bathrooms and dressing rooms shall also be properly sanitized and consumers shall be provided with clean towels and washcloths. The department shall promulgate rules and regulations related to the sanitation standards to be met in each tanning facility. These standards shall meet the minimum standards established for beauty salons. (f) The tanning facility shall limit session duration and frequency to maximums recommended by the manufacturer of the tanning device." SECTION 4. Said chapter is further amended by revising Code Section 31-38-8, relating to written report of injury requirement, use of tanning equipment by minors, and equipment maintenance requirements, as follows: 1912 JOURNAL OF THE HOUSE "31-38-8. (a) The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof and send the report to the department within five working days. Such report shall be maintained by the tanning facility for a period of not less than three years and shall be available for inspection and copying by any consumer. The report shall include: (1) The name of the affected individual; (2) The name and location of the tanning facility and identification of the specific tanning equipment involved; (3) The nature of the actual or alleged injury; and (4) Any other information relevant to the actual or alleged injury to include the date and duration of exposure. The department shall send reports of all injuries to the United States Food and Drug Administration. (b) The tanning facility owner or operator shall not allow minors under 14 years of age to use tanning equipment. The tanning facility owner or operator shall not allow minors 14 years of age or over but under 18 years of age to use tanning equipment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the parent or legal guardian at the tanning facility before the minor may use the equipment or facility. (c) The tanning facility owner or operator shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution. (d) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs. (e) A tanning facility shall not advertise or distribute promotional materials that claim that using a tanning device is safe or free from risk or that the use of a tanning device will result in medical or health benefits. Violation of the provisions of this subsection shall constitute an unfair or deceptive act pursuant to the terms of Part 2 of Article 15 of Chapter 1 of Title 10, the Georgia Fair Business Practices Act." SECTION 5. Said chapter is further amended by revising Code Section 31-38-9, relating to noncompliance with chapter, as follows: "31-38-9. (a) The department shall have access to any tanning facility during the hours the tanning facility is open to consumers to inspect such facility and its records and determine whether a violation of this chapter has occurred. (b) A license may be denied, suspended, or revoked by the department for any violation of this chapter, including but not limited to: FRIDAY, MARCH 26, 2010 1913 (1) Submission of false statements in an application, reports, plans, or specifications; (2) Maintenance of conditions which violate this chapter; (3) Operation of the tanning facility in a manner that threatens public health or safety; (4) Failure to allow representatives of the department to enter the tanning facility at reasonable hours for inspection or investigation; or (5) Failure to pay license fees imposed by this chapter. The department shall, prior to suspension or revocation of a license, provide written notice to the licensee of the facts or conduct which may warrant suspension or revocation and shall provide the licensee with an opportunity to demonstrate or achieve compliance. The licensee may request an administrative hearing upon receipt of the written notice. (c) Notwithstanding the provisions of subsection (b) of this Code section, if the department determines that an emergency exists that presents an immediate threat to the health and safety of the public, the department may immediately suspend the license of the tanning facility pending a hearing in accordance with the time frames and requirements for emergency hearings under Title 50 through the Office of State Administrative Hearings to determine whether cancellation, revocation, or other disciplinary action should be imposed on the licensee. (d) Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor." SECTION 6. Said chapter is further amended by adding a new Code section to read as follows: "31-38-9.1. (a) The appropriate staff of the county board of health may conduct inspection activities on behalf of the department in the manner and subject to the terms and conditions provided by this chapter. The county board of health shall provide a report of the results and findings of such inspections to the department. (b) The department shall notify any county board of health of any application for a license required by this chapter made by a tanning facility within the board of health's jurisdiction and shall provide a copy of such application. The department shall take action based upon the report and results of such inspections as prescribed by this chapter. (c) The county board of health may levy an annual inspection fee as provided by paragraph (6) of Code Section 31-3-4." SECTION 7. Said chapter is further amended by revising Code Section 31-38-11, relating to a permitted variance, as follows: 1914 JOURNAL OF THE HOUSE "31-38-11. (a) Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator shall be in writing and shall be drawn as narrowly as possible. (b) On or after January 1, 2011, the administrator shall not grant any variances pursuant to this Code section. Any variance granted pursuant to this Code section prior to January 1, 2011, shall no longer be valid and shall not relieve any tanning facility from complying with the provisions of Code Section 31-38-4." SECTION 8. Said chapter is further amended by revising Code Section 31-38-12, relating to effect of chapter on administrator and administrator's immunity, as follows: "31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the administrator from exercising any of his the administrator's duties, powers, or authority under any other law. The administrator shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11 prior to January 1, 2011." SECTION 9. This Act shall become effective on January 1, 2011. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representatives Drenner of the 86th, Cooper of the 41st, and Roberts of the 154th move to amend the House Committee on Health and Human Services substitute to HB 853 (LC 33 3710ERS) by adding "and" after "Code section;" on line 160. By striking lines 161 through 162. By striking "(iii)" on line 163 and inserting "(ii)" in lieu thereof. The Committee substitute, as amended, was adopted. FRIDAY, MARCH 26, 2010 1915 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 N Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper N Cox Y Crawford Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton N Golick E Gordon Y Greene N Hamilton E Hanner Y Harbin Y Harden, B N Harden, M N Hatfield E Heard Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James N Jerguson Y Johnson Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd 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 N May Y Mayo N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J N Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Rynders Y Scott, A N Scott, M Y Sellier E Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Weldon Y Wilkinson Y Willard Y Williams, A Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 28. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. Representative Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon. 1916 JOURNAL OF THE HOUSE House of Representatives Atlanta, Georgia 30334 This version of HB 853 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 853. /s/ Bobby Franklin Representative, District 43 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. The following Committee substitute was read and adopted: A BILL To amend Chapter 11 of Title 15, Title 17, and Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to juvenile proceedings, criminal procedure, and examination of witnesses, respectively, so as to expand provisions relative to victims' participation in the court system in juvenile and state courts; to change provisions relating to victim impact statements in delinquency proceedings; to provide that victims may be present in juvenile court hearings; to require courts to hear victim impact testimony; to require the court to make a finding regarding restitution in sentencing every accused person; to add legislative findings to the "Crime Victims' Bill of Rights"; to define certain terms; to expand the list of crimes covered by the "Crime Victims' Bill of Rights"; to change provisions relating to victim notification to the victim of matters relative to a criminal case; to provide for victim notification of events when an accused is committed to the Department of Behavioral Health and Developmental Disabilities; to change provisions relating to the prosecuting attorney's duties relative to victim notification and provide for notice to victims relating to restitution; to provide for procedures for a victim to be interviewed by an accused or his or her attorney or agent; to require that victims of crimes be present in the courtroom except under limited circumstances; to change FRIDAY, MARCH 26, 2010 1917 provisions relative to the rule of sequestration; to provide privilege protections to communications between victim assistance personnel and victims; to require the Attorney General to notify prosecuting attorneys of certain matters in death penalty cases; to provide for victims to prevent an accused from sending any form of written, text, or electronic communication to such victim, the victim's family, or the victim's household; 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 Code Section 15-11-64.2, relating to victim impact statements in delinquency proceedings, as follows: "15-11-64.2. (a) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense delinquent act that the victim may submit a victim impact statement form as provided in Code Section 17-101.1 if: (1) The allegedly delinquent child, in conduct which would constitute a felony if committed by an adult, caused physical, psychological, or economic injury to the victim; or (2) The allegedly delinquent child, in conduct which would constitute a misdemeanor if committed by an adult, caused serious physical injury or death to the victim. (b) The provisions of subsection (e) of Code Section 17-10-1.1 shall apply to the use and disclosure of the victim impact form. A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (c) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (d)(c) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's 1918 JOURNAL OF THE HOUSE attorney or a family member may complete the victim impact statement form on behalf of the victim. (e)(d) Prior to the imposition of a dispositional order for an allegedly delinquent child, the juvenile court shall permit the victim to address the juvenile court and present any information or opinions that concern the victim or the victim's family, including the impact of the delinquent act on the victim, the harm caused by the allegedly delinquent child and the delinquent act, the need for restitution, or the terms of the disposition order. Such statement shall be given in the presence of the allegedly delinquent child and shall be subject to cross-examination. The prosecuting attorney and the allegedly delinquent child shall be afforded the opportunity to explain, support, or deny the victim's statement. It shall be the duty of the juvenile court to advise the victim of the right to address the court prior to the entry of a dispositional order for a delinquent child. The victim shall have the discretion to exercise the right to be present and be heard at the dispositional hearing. If the victim is voluntarily absent from the dispositional hearing, such absence shall constitute a waiver of the rights provided by this subsection. The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements. (f)(e) Except as provided in subsection (d) of this Code section, no No disposition of the child shall be invalidated because of failure to comply with the provisions of this subsection Code section. This subsection Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission." SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-11-78, relating to exclusion of the public from juvenile court hearings, as follows: "(e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, the victim, 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." SECTION 3. Said chapter is further amended by revising subsection (b) of code Section 15-11-155, relating to dispositional hearing for mental competency plans, as follows: "(b) The persons required to be notified of the mental competency disposition hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's FRIDAY, MARCH 26, 2010 1919 condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement form to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child." SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsections (a) and (d) of Code Section 17-10-1.2, relating to oral victim impact statements, 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 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 evidence shall be given in the presence of the defendant and of the jury and shall be subject to cross-examination. (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 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. (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 shall allow evidence from the victim, as such term is defined in Code Section 17-17-3, the family of the victim, or such other witness having personal knowledge of the crime to testify about 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 evidence shall be given in the presence of the defendant and shall be subject to cross-examination. The admissibility of the evidence described in this paragraph shall be in the sole discretion of the judge and in any event testimony and evidence in support of such testimony 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. If the judge excludes the testimony or evidence in support of such testimony, the state shall be allowed to make a proffer of such testimony or evidence. (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 1920 JOURNAL OF THE HOUSE 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. (5) If the accused has been convicted of a serious violent felony as defined in Code Section 17-10-6.1, attempted murder or attempted kidnapping, or any violation of Code Section 16-5-90, 16-5-91, 16-7-82, 16-7-84, or 16-7-86, and the victim or a representative of the victim is not present at the presentence hearing, it shall be the duty of the court to inquire of the prosecuting attorney whether or not the victim has been notified of the presentence hearing as provided in Code Section 17-17-5. If the court finds that the prosecuting attorney has not made a reasonable attempt to notify the victim, the presentence hearing shall be recessed in order to provide the victim the opportunity to attend prior to sentence being imposed; provided, however, that prior to recessing the presentence hearing, the court shall allow the state or the accused to call any witnesses who were subpoenaed and are present at such presentence hearing. Following any such testimony, the presentence hearing shall be recessed and the victim shall be notified of the date, time, and location when the presentence hearing shall resume." "(d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person the victim, the state, or the accused; provided, however, that if the court intentionally fails to comply with this Code section, the victim may file a complaint with the Judicial Qualifications Commission." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 17-14-3, relating to the requirement of restitution by an offender as a condition of relief, generally, as follows: "(a) Subject to the provisions of Code Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a judge of any court of competent jurisdiction shall, in sentencing an offender, make a finding as to the amount of restitution due any victim, and order an offender to make full restitution to any such victim." SECTION 6. Said title is further amended by revising Code Section 17-17-1, relating to the declaration of policy for the "Crime Victims' Bill of Rights," as follows: FRIDAY, MARCH 26, 2010 1921 "17-17-1. The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights. These rights include: (1) The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings; (2) The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused; (3) The right not to be excluded from any scheduled court proceedings, except as provided in this chapter or as otherwise required by law; (4) The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused; (5) The right to file a written objection in any parole proceedings involving the accused; (6) The right to confer with the prosecuting attorney in any criminal prosecution related to the victim; (7) The right to restitution as provided by law; (8) The right to proceedings free from unreasonable delay; and (9) The right to be treated fairly and with dignity by all criminal justice agencies involved in the case." SECTION 7. Said title is further amended by revising Code Section 17-17-3, relating to definitions, as follows: "17-17-3. As used in this chapter, the term: (1) 'Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (1.1) 'Arrest' means an actual custodial restraint of a person or the person's submission to custody and includes the taking of a child into custody. (2) 'Arresting law enforcement agency' means any law enforcement agency, other than the investigating law enforcement agency, which arrests the accused. (3) 'Compensation' means awards granted by the Georgia Crime Victims Compensation Board pursuant to Chapter 15 of this title. (4) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relating to sexual offenses; Article 1 or Article 3; Article 1, 3, or 4 of Chapter 7 of Title 16, relating to burglary and arson; Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery; Code Section 16-12-100, relating to sexual exploitation of children; Chapter 9 of Title 16; Part 3 of Article 3 of Chapter 12 of Title 16; Code Section 30-5-8; Code Section 40-6-393, relating to homicide by vehicle; Code Section 40-6-393.1, relating to feticide by vehicle; or Code Section 40-6-394, relating to serious injury by vehicle. 1922 JOURNAL OF THE HOUSE (4.1) 'Criminal justice agency' means an arresting law enforcement agency, custodial authority, investigating law enforcement agency, prosecuting attorney, or the State Board of Pardons and Paroles. (5) 'Custodial authority' means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Department of Juvenile Justice, or any other law enforcement officer having actual custody of the accused. (6) 'Investigating law enforcement agency' means the law enforcement agency responsible for the investigation of the crime. (7) 'Notice,' 'notification,' or 'notify' means a written notice when time permits or, failing such, a documented effort to reach the victim by telephonic or other means. (8) 'Person' means an individual. (9) 'Prompt notice,' 'prompt notification,' or 'promptly notify' means notification given to the victim as soon as practically possible so as to provide the victim with a meaningful opportunity to exercise his or her rights pursuant to this chapter. (10) 'Prosecuting attorney' means the district attorney, the solicitor-general of a state court or the solicitor of any other court, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these. (11) 'Victim' means: (A) A person against whom a crime has been perpetrated or has allegedly been perpetrated; or (B) In the event of the death of the crime victim, the following relations if the relation is not either in custody for an offense or the defendant: (i) The spouse; (ii) An adult child if division (i) does not apply; (iii) A parent if divisions (i) and (ii) do not apply; (iv) A sibling if divisions (i) through (iii) do not apply; or (v) A grandparent if divisions (i) through (iv) do not apply; or (C) A parent, guardian, or custodian of a crime victim who is a minor or a legally incapacitated person except if such parent, guardian, or custodian is in custody for an offense or is the defendant." SECTION 8. Said title is further amended by revising Code Section 17-17-5, relating to notification to victim of accused's arrest, release from custody, and any judicial proceedings at which such release is considered, as follows: "17-17-5. (a) All victims, wherever practicable, shall be entitled to notification as defined by paragraph (7) of Code Section 17-17-3 of: (1) The the accused's arrest, of the; (2) The accused's release from custody, and of any; (3) Any judicial proceeding at which the release of the accused will be considered; (4) An escape by the accused and his or her subsequent rearrest; and FRIDAY, MARCH 26, 2010 1923 (5) If the accused is released from custody and the terms or conditions of such release require that the accused participate in an electronic release and monitoring program, the accused's violation of the terms or conditions of the electronic release and monitoring program, provided that an arrest warrant has been issued for the accused and the accused is prohibited from contacting the victim. (b) No such notification shall be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number current address and telephone number to which such notice can be directed. (b)(c) The investigating law enforcement agency, prosecuting attorney, or custodial authority who is required to provide notification pursuant to this chapter criminal justice agency having knowledge of an event described in subsection (a) of this Code section shall provide notice to the victim of such event. Such agency shall advise the victim of his or her right to notification pursuant to this chapter and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device current address and telephone number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate investigating law enforcement agency, prosecuting attorney, criminal justice agency or custodial authority as provided for in this chapter." SECTION 9. Said title is further amended by adding a new Code section to read as follows: "17-17-5.1. (a) If the accused is committed to the Department of Behavioral Health and Developmental Disabilities pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title, the department shall, upon the written request of the victim, mail to the victim at least ten days before the release or discharge of the accused notice of the release or discharge of the accused. (b) The Department of Behavioral Health and Developmental Disabilities shall mail to the victim immediately after the escape or subsequent readmission of the accused notice of such escape or subsequent readmission of the person who is placed by court order in the custody of the department pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title." SECTION 10. Said title is further amended by revising Code Section 17-17-8, relating to notification by prosecuting attorney of legal procedures and of victim's rights in relation thereto, as follows: "17-17-8. (a) Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: (1) The procedural steps in processing a criminal case including the right to restitution; 1924 JOURNAL OF THE HOUSE (2) The rights and procedures of victims under this chapter; (3) Suggested procedures if the victim is subjected to threats or intimidation; and (4) The names and telephone numbers of contact persons at both the office of the custodial authority and in the prosecuting attorney's office; and (5) The names and telephone numbers of contact persons at the office of the investigating agency where the victim may make application for the return of any of the victim's property that was taken during the course of the investigation, as provided by Code Section 17-5-50. (b) If requested in writing by the victim and to the extent possible, the prosecuting attorney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be limited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, restitution hearings, appellate review, and post-conviction relief. The prosecuting attorney shall notify all victims of the requirement to make such request in writing. (c)(1) In the event the victim seeks restitution, the victim shall provide the prosecuting attorney with his or her legal name, address, phone number, social security number, date of birth, and, if the victim has an e-mail address, his or her email address. The victim shall also provide such information, other than a social security number, to the prosecuting attorney for a secondary contact person in the event the victim cannot be reached after reasonable efforts are made to contact such victim. The prosecuting attorney shall advise the victim of any agency that will receive such information and advise the victim that he or she is responsible for updating such information with the prosecuting attorney while the case involving the victim is pending and that he or she should update the agency with such information after a restitution order has been entered. (2) The prosecuting attorney shall transmit the information collected in paragraph (1) of this subsection to the Department of Corrections, Department of Juvenile Justice, or the State Board of Pardons and Paroles, as applicable, if an order of restitution is entered. (3) The information collected pursuant to paragraph (1) of this subsection shall be treated as confidential and shall not be disclosed to any person outside of the disclosure provided by this subsection; such information shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding." SECTION 11. Said title is further amended by adding a new Code section to read as follows: "17-17-8.1. (a) A victim shall have the right to refuse to submit to an interview by the accused, the accused's attorney, or an agent of the accused. It shall be the duty of the prosecuting attorney to advise a victim that he or she has the right to agree to such an interview or to refuse such an interview. FRIDAY, MARCH 26, 2010 1925 (b) If a victim agrees to be interviewed, such victim may set conditions for such interview as he or she desires. Conditions may include, but shall not be limited to, the time, date, and location of the interview, what other persons may be present during the interview, any security arrangements for the interview, and whether or not the interview may be recorded. If requested by a victim, the prosecuting attorney or his or her agent may attend the interview. A victim has the right to terminate the interview at any time or to refuse to answer any question during the interview. (c) The accused, the accused's attorney, and any agent of the accused shall not contact a victim in an unreasonable manner; and if a victim has clearly expressed to any such party a desire not to be contacted, no contact shall be made. When making any permissible contact with the victim, the accused's attorney or an agent of the accused shall make a clear statement that he or she is contacting the victim on behalf of the accused. (d) For the purposes of this Code section, a peace officer shall not be considered a victim if the act that would have made the officer a victim occurs while the peace officer is acting within the scope of the officer's official duties. (e) Except as provided in this Code section, the prosecuting attorney shall not take any action to deny an accused's attorney access to a victim for the purpose of interviewing such victim." SECTION 12. Said title is further amended by revising Code Section 17-17-9, relating to separate victims' waiting areas, as follows: "17-17-9. (a) A victim has the right to be present at all criminal proceedings in which the accused has the right to be present. A victim or member of the immediate family of a victim shall not be excluded from any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify unless it is established that such victim or family member is a material and necessary witness to such hearing, trial, or proceeding and the court finds that there is a substantial probability that such person's presence would impair the conduct of a fair trial. The provisions of this Code section shall not be construed as impairing the authority of a judge to remove a person from a trial or hearing or any portion thereof for the same causes and in same manner as the rules of court or law provides for the exclusion or removal of the accused. A motion to exclude a victim or family members from the courtroom for any reason other than misconduct shall be made and determined prior to jeopardy attaching. (b) A victim of a criminal offense who has been or may be subpoenaed to testify at such hearing or trial shall be exempt from the provisions of Code Section 24-9-61 requiring sequestration; provided, however, that the court shall require that the victim be scheduled to testify as early as practical in the proceedings. (c) If the victim is excluded from the courtroom, the The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, 1926 JOURNAL OF THE HOUSE and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding." SECTION 13. Said title is further amended by adding a new Code section to read as follows: "17-17-9.1. Communications between a victim, other than a peace officer, and victim assistance personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required by law. Such work product shall be subject to other exceptions that apply to attorney work product generally." SECTION 14. Said title is further amended by revising subsection (b) of Code Section 17-17-12, relating to notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal, as follows: "(b) The Attorney General shall notify the prosecuting attorney of the filing of collateral attacks on convictions of this state which are being defended by the Attorney General. (b.1) In Upon the written request of the victim as defined in paragraph (11) of Code Section 17-17-3, in cases in which the accused is convicted of a capital offense and receives the death penalty, it shall be the duty of the Attorney General to shall: (1) Notify the prosecuting attorney and upon the written request of the victim notify the victim of the filing and disposition of all collateral attacks on such conviction which are being defended by the Attorney General, including, but not limited to, petitions for a writ of habeas corpus, and the time and place of any such proceedings and any changes in the time or place of those proceedings; and (2) Provide the prosecuting attorney and upon the written request of the victim provide the victim with a report on the status of all pending appeals, collateral attacks, and other litigation concerning such conviction which is being defended by the Attorney General at least every six months until the accused dies or the sentence or conviction is overturned or commuted or otherwise reduced to a sentence other than the death penalty." SECTION 15. Said title is further amended by adding a new Code section to read as follows: FRIDAY, MARCH 26, 2010 1927 "17-17-12.1. (a) As used in this Code section, the term 'mail' means any form of written communication, including, but not limited to, letters, cards, postcards, packages, parcels, and e-mail as defined by Code Section 16-9-100, text messaging, and any other form of electronic communication which is knowingly intended to be delivered to or received by a victim, any member of the victim's family, or any member of the victim's household. (b)(1) A victim shall have the right to request not to receive mail from an inmate who was convicted of committing a criminal offense against such victim or was adjudicated by the juvenile court of having committed a delinquent act or designed felony against such victim. (2) A victim's right to request not to receive mail from such inmate shall extend to any member of such victim's family or any member of such victim's household during the term of the sentence imposed or dispositional order for such offense. (3) As soon as practical following a conviction or adjudication, a victim shall be provided with the instructions for requesting that inmate mail be blocked as provided in subsection (c) of this Code section. If the conviction is from a state or superior court, it shall be the duty of the prosecuting attorney to provide a victim with such instructions. If the adjudication is from the juvenile court, such instructions shall be provided by the juvenile court. (c) The Department of Corrections and the Department of Juvenile Justice shall develop and provide to the prosecuting attorneys and juvenile courts, respectively, the procedures a victim shall follow in order to block inmate mail. Such procedures may include secure electronic means provided that an alternate, nonelectronic procedure is available for victims without access to a computer. Such departments shall also develop and implement appropriate administrative sanctions which shall be imposed against an inmate violating the provisions of this Code section. (d) If a victim submits a request to block inmate mail, the Department of Corrections, in the case of an adult, or the Department of Juvenile Justice, in the case of a juvenile, shall: (1) Notify any other custodial authority having actual custody of the inmate of the names and addresses of such victim and the family or household members denoted by such victim; (2) Notify the inmate of the request to have mail blocked and advise the inmate that sending mail directly or through any third party to such victim or the family or household members denoted by such victim is prohibited and will result in appropriate sanctions and review of all outgoing mail; and (3) Institute such procedures to insure that the inmate cannot send mail directly or through any third party to such victim or the family or household members denoted by such victim. (e) Any custodial authority having actual custody of an inmate with mail restrictions shall not knowingly forward mail addressed to any person who requests not to receive mail pursuant to this Code section. 1928 JOURNAL OF THE HOUSE (f) The imposition of sanctions by a custodial authority pursuant to this Code section shall not preclude the imposition of any other remedies provided by law, nor shall such sanctions bar prosecution of the inmate for any criminal offense which may have been committed in sending such mail. (g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, information concerning the names and addresses of a victim, and the family or household members denoted by such victim, who requests that inmate mail be blocked shall not be open to inspection by or made available to the public and shall not be subject to discovery in any civil or criminal case or administrative proceeding unless the court, after notice and a hearing, makes a finding of fact that such information is material and relevant to the case and that such information is not available from any other source." SECTION 16. Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, is amended by revising Code Section 24-9-61.1, relating to presence in the courtroom of the victim of a criminal offense, as follows: "24-9-61.1. (a) The Subject to the provisions of Code Section 17-17-9, the victim of a criminal offense may shall be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion of the judge to implement the provisions of this Code section and determine when to allow such victim to be present in such court and, if such victim is permitted to be present, to determine the order in which the testimony of such victim shall be given. (b) The failure of a victim to exercise any right granted by this Code section shall not be a cause or ground for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction." SECTION 17. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, 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 Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Hembree Y Henson Y Hill, C Y Hill, C.A Holt Y Horne Y Houston Y Howard Y Hudson Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B FRIDAY, MARCH 26, 2010 1929 Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler E Byrd Y Carter 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 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Kidd 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 E Mills Y Mitchell Y Morgan Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, 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 Davis of the 109th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. By unanimous consent, the following Bills of the House were withdrawn from the Rules Calendar and placed on the General Calendar: HB 938. By Representatives Peake of the 137th, Rice of the 51st, Ramsey of the 72nd, Lindsey of the 54th, Williams of the 178th 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 wireless telecommunications devices for sending or reading text messages while operating a motor vehicle; to provide penalties for violations; to 1930 JOURNAL OF THE HOUSE provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; 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 an effective date; to repeal conflicting laws; and for other purposes. HB 1184. By Representatives Ramsey of the 72nd, Graves of the 12th, Cole of the 125th, Pruett of the 144th, May of the 111th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to authorize the Commissioner of Insurance to explore and initiate reciprocity agreements with other states; 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 and Resolution of the House were taken up for consideration and read the third time: HB 1020. By Representatives Parrish of the 156th and Rynders of the 152nd: A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax FRIDAY, MARCH 26, 2010 1931 for educational purposes; 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 a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, so as to provide for the comprehensive revision of the sales and use tax for educational purposes; 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 a contingent effective date; 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. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use taxes, is amended by revising Part 2, relating to the sales tax for educational purposes, as follows: "Part 2 48-8-140. This part is enacted pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and it is the intent of the General Assembly in the enactment of this part to further define and implement such provision of the Constitution. 48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed and levied by such board or boards of education and collected by the commissioner on behalf of such board or 1932 JOURNAL OF THE HOUSE boards of education in the same manner as provided for under Part 1 of this article and the provisions of Part 1 of this article in particular, but without limitation, the provisions regarding the authority of the commissioner to administer and collect this tax, retain the 1 percent administrative fee, and promulgate rules and regulations governing this tax shall apply equally to such board or boards of education. 48-8-142. If general obligation debt is to be issued in conjunction with the imposition of the sales tax for educational purposes authorized by Article VIII, Section VI, Paragraph IV of the Constitution, the resolution or concurrent resolutions imposing such tax shall specify 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. If such general obligation debt is to be issued, the ballot shall have written or printed thereon, in addition to the descriptions required by Article VIII, Section VI, Paragraph IV(c) of the Constitution, the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ______________________ in the principal amount of $_________________ for the above purpose.' 48-8-143. The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed. 48-8-144. (a) As used in this Code section, the term: (1) 'Local charter school' means a local charter school as defined in paragraph (7) of Code Section 20-2-2062. (2) 'State chartered special school' means a state chartered special school as defined in paragraph (16) of Code Section 20-2-2062 and with respect to which the referendum required under Article VIII, Section V, Paragraph VII of the Constitution has been conducted and approved. (b) A county or independent board of education shall be authorized to include local charter schools, state chartered special schools, or both as capital outlay projects in projects specified in the ballot language for a proposed tax under Article VIII, Section VI, Paragraph IV of the Constitution and this part. 48-8-141. As used in this part, the term: FRIDAY, MARCH 26, 2010 1933 (1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Local charter school' means a local charter school as defined in paragraph (7) of Code Section 20-2-2062. (4) 'State chartered special school' means a state chartered special school as defined in paragraph (16) of Code Section 20-2-2062 and with respect to which the referendum required under Article VIII, Section V, Paragraph VII of the Constitution has been conducted and approved. 48-8-142. (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 education special districts. The geographical boundary of an education special district shall be as follows: (1) Such boundary shall be conterminous with the boundary of the county in each county in which no independent school district is located; or (2) In each county in which one or more independent school districts are located, such boundary shall be conterminous with the boundary of the county but shall only be so constituted upon the adoption of a concurrent resolution of the board of education of the county school district and the board of education of each independent school district located within such county. (b) When the imposition of a special district sales and use tax for educational purposes is authorized according to the procedures provided in this part within a special district, the local board or boards, as appropriate, of education may, subject to the requirement of referendum approval and the other requirements of this part, impose within the special district for a limited period of time a special sales and use tax which shall be known as the special district sales and use tax for education purposes. (c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. 48-8-143. Local charter schools, state chartered special schools, or both may be included as capital outlay projects in projects specified in the ballot language for a proposed tax under Article VIII, Section VI, Paragraph IV of the Constitution and this part. 1934 JOURNAL OF THE HOUSE 48-8-144. (a) The board of education of a school district in a county in which no independent school district is located voting to impose the tax authorized by this part within the special district shall notify the county superintendent by forwarding to the superintendent a copy of the resolution calling for the imposition of the tax. Such resolution shall specify the capital outlay projects for educational purposes for which the proceeds of the tax are to be used and may be expended, if applicable, 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 capital outlay projects for educational purposes 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; (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; and (4) The maximum amount of net proceeds to be expended on educational maintenance and operations, if applicable, and the amount of proceeds to be used to roll back the millage rate, if applicable. (b) Upon receipt of the resolution, 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 special district. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2540. The election superintendent shall cause the date and purpose of the election to be published once per 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 board of education, 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) The ballot shall have written or printed thereon the applicable parts of the following: '( ) YES Shall a 1 percent sales and use tax for educational purposes in the education special district consisting of __________ County be imposed for the following ( ) NO capital outlay purposes (list purposes here) for a period of time not to exceed __________ and for the raising of not more than $______ and for the raising of not more than $ _____for educational maintenance and operations and not more than $_______ for a millage rate reduction? FRIDAY, MARCH 26, 2010 1935 (2) If general obligation debt is to be issued in conjunction with the imposition of the sales and use tax for educational purposes under paragraph (1) of this subsection, the resolution calling for the imposition of such tax shall specify 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. If such general obligation debt is to be issued, the ballot shall also have written or printed thereon the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ______________________ 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 part; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the special district 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 board of education 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 board of education; 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 board of education of the special 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 part. 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 part. 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 part. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the board of education; and any liability on such debt which is not satisfied from the proceeds of 1936 JOURNAL OF THE HOUSE the tax authorized by this part shall be satisfied from the general funds of the board of education. 48-8-145. (a) The board of education of a county school district and the board of education of each independent school district located within such county voting to impose the tax authorized by this part within the special district shall notify the county superintendent by forwarding to the superintendent a copy of the concurrent resolution calling for the imposition of the tax. Such concurrent resolution shall specify the capital outlay projects for educational purposes for which the proceeds of the tax are to be used and may be expended, if applicable, and specify: (1) For the county school district: (A) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (B) The maximum cost of the capital outlay projects for educational purposes for the county school district which will be funded from the proceeds of the tax; (C) If general obligation debt is to be issued for the county school district 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; and (D) The maximum amount of net proceeds to be expended on educational maintenance and operations for the county school district, if applicable, and the amount of proceeds to be used to roll back the millage rate, if applicable. (2) For the independent school district: (A) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, which shall be the same as provided for the county school district under the concurrent resolution; (B) The maximum cost of the capital outlay projects for educational purposes for the independent school district which will be funded from the proceeds of the tax; (C) If general obligation debt is to be issued for the independent school district 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; and (D) The maximum amount of net proceeds to be expended on educational maintenance and operations for the independent school district, if applicable, and the amount of proceeds to be used to roll back the millage rate, if applicable. (b) Upon receipt of the concurrent resolution, 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 special district. 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 FRIDAY, MARCH 26, 2010 1937 election to be published once per 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 board or boards of education, 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) The ballot shall have written or printed thereon the applicable parts of the following: '( ) YES Shall a 1 percent sales and use tax for educational purposes in the education special district consisting of __________ County be ( ) NO imposed for the raising of not more than $_______ for the following capital outlay purposes (list purposes here) for the board of education of _______ County and for the raising of not more than $_______ for the following capital outlay purposes (list purposes here) of the board of education of the independent school district of the City of _______ for a period of time not to exceed __________ and for the raising of not more than $ _____for educational maintenance and operations and not more than $_______ for a millage rate reduction for the board of education of _______ County and for the raising of not more than $_______ for educational maintenance and operations and not more than $_______ for a millage rate reduction for the independent school district of the City of ________?' (2) If general obligation debt is to be issued in conjunction with the imposition of the sales and use tax for educational purposes under paragraph (1) of this subsection, the concurrent resolution imposing such tax shall specify separately for each board of education as applicable, 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. If such general obligation debt is to be issued, the ballot shall also have written or printed thereon the applicable parts of the following: 'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of the board of education of __________ County in the principal amount of $_______for the above purpose and approval of the issuance of general obligation debt of the board of education of the independent school district of the City of _______ in the principal amount of $_______ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes 1938 JOURNAL OF THE HOUSE cast are in favor of imposing the tax then the tax shall be imposed as provided in this part; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the special district 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 board of education 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 board or boards of education; 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 board or boards of education of the special 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 part. 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 part. 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 part. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the board of education; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this part shall be satisfied from the general funds of the board of education. 48-8-146. (a) If the imposition of the tax authorized by this part 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; provided, however, for services which are regularly billed on a monthly basis, the resolution shall become effective with respect to and the tax shall apply to services billed on or after such effective date. (b) The tax authorized by this part shall cease to be imposed on the earliest of the following dates: FRIDAY, MARCH 26, 2010 1939 (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 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 board of education net proceeds equal to or greater than the total aggregate amount specified as the maximum amount of net proceeds to be raised by the tax by the board or boards of education, as appropriate. (c)(1) At any time, no more than a single 1 percent tax authorized by this part may be imposed within a special district. (2) The board of education or boards of education, as appropriate, within a special district in which a tax authorized by this part is in effect may, while the tax is in effect, adopt a resolution or concurrent resolution, as appropriate, calling for the reimposition of a tax authorized by this part 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 the board or boards of education are 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 authorized by this part, the board or boards of education, as appropriate, may initiate proceedings for the reimposition of such tax in the same manner as provided in this part for initial imposition of such tax. 48-8-147. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the board or boards of education 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, 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 on behalf of the board or boards of education, as appropriate, 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 1940 JOURNAL OF THE HOUSE 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. 48-8-148. Each sales tax return remitting taxes collected under this part 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 part are collected and distributed according to situs of sale. 48-8-149. The proceeds of the tax collected by the commissioner in each special district under this part 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 either to the board of education within the special district for use as authorized under this part if the special district is established under paragraph (1) of subsection (a) of Code Section 48-8-142 or to the boards of education within the special district for use as authorized under this part if a special district is established under paragraph (2) of subsection (a) of Code Section 48-8-142 and, in that event, such distribution shall be in accordance with Article VIII, Section VI, Paragraph IV(i) of the Constitution. 48-8-150. The board of education of a school district receiving any proceeds of the tax may adjust annually the millage rate for ad valorem taxation of tangible property within such political subdivision as provided in this Code section. The board of education may compute the millage rate necessary to produce revenue from taxation of tangible property in that school district which, when combined with other revenues reasonably expected to be received by the school district during the year other than revenues derived from the tax imposed pursuant to this part, would provide revenues sufficient to defray the expenses of the school district for the year. Such millage rate may then be reduced by a millage rate which, if levied against the tangible property within the school district, would produce an amount equal to the distribution of the proceeds of the tax imposed by this part which were received by the school district during the preceding year. The board of education may provide for an alternative method or methods of computing a millage reduction which may result in a lesser reduction than would be derived under the manner authorized under this subsection. The tax authority of such FRIDAY, MARCH 26, 2010 1941 school district shall cause to be shown in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of reduction of ad valorem property taxes which the taxpayer has received as a result of any millage rate reduction under this subsection; provided, however, that the dollar amount of reduction of ad valorem property taxes shall not be calculated or shown on those forms used for the registration and taxation of motor vehicles or trailers. 48-8-151. 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 part 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 part, 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 part. 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 part 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 municipality or in a special district which includes the county or municipality. 48-8-152. No tax provided for in this part 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. 48-8-153. No tax provided for in this part 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. 48-8-154. 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 part. 1942 JOURNAL OF THE HOUSE 48-8-155. The tax authorized by this part shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a board of education to impose the tax authorized by this part and the imposition of the tax authorized by this part shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district. 48-8-156. (a)(1) The proceeds received from the tax authorized by this part shall be used by the board or boards of education within the special district, as appropriate, exclusively for the purposes specified in the resolution or concurrent resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the board of education receiving proceeds of the tax and shall not in any manner be commingled with other funds of such board of education prior to the expenditure. (2) The board of education receiving any proceeds from the tax 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 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 part unless the board of education 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 board of education will receive from the tax authorized by this part net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this part shall be payable first from the separate account in which are placed the proceeds received by the board of education from the tax authorized by this part. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the board of education; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this part shall be satisfied from the general funds of the board of education. (c) The resolution or concurrent resolution calling for the imposition of the tax authorized by this part 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 resolution or concurrent resolution so provides, it shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net FRIDAY, MARCH 26, 2010 1943 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. (d) The resolution or concurrent resolution 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 resolution or concurrent resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used. (e)(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 a board of education as agent for the special district receives from the tax net proceeds in excess of the maximum cost of the capital outlay projects for education purposes stated in the resolution 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. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-146 by reason of denial of validation of debt, then all net proceeds received by a board of education 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 board of education within the special district other than indebtedness incurred pursuant to this part. 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 a board of education, it being the intent that any funds so paid into the general fund of a board of education be used for the purpose of reducing ad valorem taxes. 48-8-157. Each board of education receiving any proceeds from the tax under this part 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 board of education receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such school system, a simple, nontechnical report which shows for each purpose in the resolution 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 board of education 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." 1944 JOURNAL OF THE HOUSE SECTION 2. (a) 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 of the State of Georgia so as to authorize the sales and use tax for educational purposes to be imposed in whole or in part for educational maintenance and operations. If such resolution is not ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011. (b) This Act shall apply to taxes imposed or to be imposed under any resolution adopted by a board of education on or after January 1, 2011; and this Act shall not apply to taxes imposed or to be imposed under such resolutions adopted prior to January 1, 2011. 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 N Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler E Byrd Y Carter Y Casas N Chambers Y Channell Y Cheokas Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Y Johnson Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Kidd Y Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long Y Marin Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows N Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson N Willard FRIDAY, MARCH 26, 2010 1945 Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 136, nays 19. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Davis of the 109th, Hembree of the 67th, Sims of the 119th 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. HR 1203. By Representatives Parrish of the 156th and Rynders of the 152nd: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools; 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 the sales and use tax for educational purposes may be imposed in whole or in part for maintenance and operation of public schools and may include a millage rate reduction; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI of the Constitution is amended by revising Paragraph IV as follows: "Paragraph IV. Sales tax for educational purposes. (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority 1946 JOURNAL OF THE HOUSE of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended general law. Proceedings for the reimposition of such tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) Educational maintenance and operation purposes which may include a reduction of the applicable millage rate against tangible property within the school district; or (3)(4) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; and (4) The maximum amount of net proceeds to be expended on educational maintenance and operations and whether a reduction of the applicable millage rate against tangible property in the school district will be applied. (d) If a concurrent resolution is required under subparagraph (a) of this Paragraph, the items enumerated under subparagraphs (c)(1), (c)(2), and (c)(4) of this Paragraph shall be specified separately for the board of education of the county school district and the FRIDAY, MARCH 26, 2010 1947 board of education of an independent school district. The same maximum period of time under subparagraph (c)(3) of this Paragraph shall be specified by the board of education of the county school district and the board of education of an independent school district. (d)(e) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e)(f) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f)(g) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g)(h) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h)(i) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. For purposes of this subparagraph, excess proceeds shall also be deemed to include any interest earned with respect to the proceeds of the tax. (i)(j) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. (j)(k)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(k)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law, or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(k)(1) of this Paragraph shall remain applicable with respect to 1948 JOURNAL OF THE HOUSE proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to provide that the sales and use tax for educational purposes may be imposed in part for ( ) NO maintenance and operation of public schools and may include a millage rate reduction?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to. On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker N Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter Y Crawford Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Y Fullerton Y Gardner Y Geisinger Y Glanton Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Jordan Y Kaiser E Keen Y Keown Y Kidd Y Knight N Knox Y Lane, B Y Marin Martin Y Maxwell N May Y Mayo Y McCall N McKillip Y Meadows N Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT FRIDAY, MARCH 26, 2010 1949 Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper N Cox Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Lane, R N Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Walker Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, by substitute, the ayes were 141, nays 19. The Resolution, having received the requisite constitutional majority, was adopted, by substitute. Representative Carter of the 175th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon. Representatives Davis of the 109th 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. The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate: SB 332. By Senators Jones of the 10th, Henson of the 41st, Jackson of the 2nd, Sims of the 12th, Golden of the 8th and others: A BILL to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 399. By Senators Hill of the 32nd, Rogers of the 21st, Wiles of the 37th, Shafer of the 48th, Butterworth of the 50th and others: 1950 JOURNAL OF THE HOUSE 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 regarding state government, so as to provide for legislative findings; to provide that no department or agency shall implement any provision of federal health care reform legislation unless the department or agency provides a certain report to the General Assembly and the General Assembly authorizes such implementation by statute; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 474. By Senators Thomas of the 54th, Hill of the 4th, Orrock of the 36th, Murphy of the 27th, Thompson of the 33rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, so as to provide that in general any person may take possession of a native wild animal which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of deer and bear; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 502. By Senators Hill of the 4th and Chapman of the 3rd: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to reimbursement of expenses, so as to provide that all nonelected members of state authorities, boards, commissions, councils, or other bodies shall be compensated only for their actual expenses incurred in service to such authority, board, commission, council, or other body and shall not be entitled to any expense allowance or per diem; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 519. By Senators Mullis of the 53rd, Jackson of the 24th, Murphy of the 27th, Davis of the 22nd, Staton of the 18th 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 modify the definition of motorized cart; to change the hours of operation of motorized carts; to provide that local governments can decide if operators of motorized carts should be licensed drivers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 520. By Senators Mullis of the 53rd, Rogers of the 21st, Pearson of the 51st, Williams of the 19th, Staton of the 18th and others: FRIDAY, MARCH 26, 2010 1951 A BILL to be entitled an Act to amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, so as to provide for an Intermodal Division within the department; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 529. By Senators Pearson of the 51st, Thomas of the 54th, Unterman of the 45th, Rogers of the 21st, Williams of the 19th and others: A BILL to be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to specify certain acts that constitute criminal abortion; to provide for certain criminal and civil remedies for criminal abortion; to provide for notification of certain investigations; to provide for definitions; to provide for prohibitions on the circumstances under which an abortion may be performed; to revise the definition of the term "racketeering activity" to include certain conduct relating to criminal abortion; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: HB 1104. By Representatives Pruett of the 144th, Ramsey of the 72nd, Cole of the 125th, Glanton of the 76th and Abrams of the 84th: A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for graduated sanctions and secure detention for children who violate the terms of their probation; to define terms; to provide for an administrative procedure for hearing alleged violations of probation; to change provisions relating to dispositions for delinquent children; 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 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children, so as to change provisions for the effective date for 1952 JOURNAL OF THE HOUSE increasing maximum dates of service that may be court ordered; 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 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children, is amended by revising subsection (b) 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 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. (2) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) 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) (4) of this subsection; (B) An an offense that would be a felony if committed by an adult; or (C) An 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 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. (3) 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 2013, 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. (2)(4) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting FRIDAY, MARCH 26, 2010 1953 or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention." SECTION 2. This Act shall become effective on July 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: Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell N Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Hembree Y Henson Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Kidd 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 Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 E Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 1954 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the ayes were 158, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Hill of the 21st and Rice of the 51st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. HB 1040. By Representatives Pruett of the 144th, Cooper of the 41st, Cole of the 125th, Ramsey of the 72nd, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver under certain conditions shall not require licensure as a registered professional nurse; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver to a proxy caregiver under certain conditions shall not require licensure as a registered professional nurse; 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. Code Section 43-26-12 of the Official Code of Georgia Annotated, relating to exceptions to the operation of the "Georgia Registered Professional Nurse Practice Act," is amended by revising subsection (a) as follows: "(a) No provision in this article shall be construed to require licensure in Georgia as a registered professional nurse in: (1) The practice of nursing by students that is an integral part of a curriculum in a board approved nursing education program leading to initial licensure; (2) The rendering of assistance by anyone in the case of an emergency or disaster; FRIDAY, MARCH 26, 2010 1955 (3) The incidental care of the sick by members of the family, friends, or persons primarily utilized as housekeepers, provided that such care does not constitute the practice of nursing within the meaning of this article; (4) Caring for the sick in accordance with tenets or practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing; (5) The performance of auxiliary services in the care of patients when such care and activities do not require the knowledge and skill required of a person practicing nursing as a registered professional nurse and when such care and activities are performed under orders or directions of a licensed physician, licensed dentist, licensed podiatrist, or person licensed to practice nursing as a registered professional nurse; (6) The practice of nursing as a registered professional nurse, by a person licensed so to practice in another state, who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of that person's official duties; (7) The practice of nursing as a registered professional nurse, by a person currently licensed so to practice in another state, who is employed by an individual, agency, or corporation located in another state and whose employment responsibilities include transporting patients into, out of, or through this state for a period not to exceed 24 hours; and (8) The practice of nursing as a registered professional nurse by a person currently licensed so to practice in another state, who is visiting Georgia as a nonresident, in order to provide specific, nonclinical, short-term, time limited services including, but not limited to, consultation, accreditation site visits, and the participation in continuing education programs; and (9)(A) The performance of health maintenance activities by a proxy caregiver pursuant to a written plan of care for a disabled individual when: (i) Such individual or a person legally authorized to act on behalf of such individual has executed a written informed consent designating a proxy caregiver and delegating responsibility to such proxy caregiver to receive training and to provide health maintenance activities to such disabled individual pursuant to the written orders of an attending physician, or an advanced practice registered nurse or physician assistant working under a nurse protocol agreement or job description, respectively, pursuant to Code Section 43-34-25 or 43-34-23; (ii) Such health maintenance activities are provided outside of a hospital or nursing home and are not provided by a medicare-certified home health agency or hospice organization; and (iii) The written plan of care implements the written orders of the attending physician, advanced practice registered nurse, or physician assistant and specifies the frequency of training and evaluation requirements for the proxy caregiver, including additional training when changes in the written plan of care necessitate added duties for which such proxy caregiver has not previously been trained. A written plan of care may be established by a registered professional nurse, or may 1956 JOURNAL OF THE HOUSE be established by an attending physician, advanced practice registered nurse, or physician assistant. Rules, regulations, and policies regarding training for proxy caregivers pursuant to this paragraph shall be promulgated by the Department of Behavioral Health and Developmental Disabilities or the Department of Community Health, as applicable. (B) An attending physician, advanced practice registered nurse, or physician assistant whose orders or written plan of care provide for the provision of health maintenance activities to a disabled person shall not be vicariously liable for a proxy caregiver's negligent performance of health maintenance activities unless the proxy caregiver is an employee of the physician, advanced practice registered nurse, or physician assistant; provided, however, such attending physician, advanced practice registered nurse, or physician assistant may be held liable for authorizing or ordering a proxy caregiver to perform health maintenance activities for a disabled individual, if the physician, advanced practice registered nurse, or physician assistant failed to meet the applicable standard of care in assessing the proxy caregiver's qualifications or capability of performing the health maintenance activities or if the physician, advanced practice registered nurse, or physician assistant failed to meet the applicable standard of care in assessing whether the health maintenance activities could appropriately be performed for the disabled individual outside a hospital or nursing home setting. Any person who trains a proxy caregiver to perform health maintenance activities for a disabled individual may be held liable for negligently training that proxy caregiver if such training deviated from the applicable standard of care and was a proximate cause of injury to the disabled individual. (C) For purposes of this paragraph, the term: (i) 'Disabled individual' means an individual that has a physical or mental impairment that substantially limits one or more major life activities and who meets the criteria for a disability under state or federal law. (ii) 'Health maintenance activities' are limited to those activities that, but for a disability, a person could reasonably be expected to do for himself or herself. Such activities are typically taught by a registered professional nurse, but may be taught by an attending physician, advanced practice registered nurse, physician assistant, or directly to a patient and are part of ongoing care. Health maintenance activities are those activities that do not include complex care such as administration of intravenous medications, central line maintenance, and complex wound care; do not require complex observations or critical decisions; can be safely performed and have reasonably precise, unchanging directions; and have outcomes or results that are reasonably predictable. Health maintenance activities conducted pursuant to this paragraph shall not be considered the practice of nursing. (iii) 'Proxy caregiver' means an unlicensed person who has been selected by a disabled individual or a person legally authorized to act on behalf of such individual to serve as such individual's proxy caregiver, provided that such person FRIDAY, MARCH 26, 2010 1957 shall receive training and shall demonstrate the necessary knowledge and skills to perform documented health maintenance activities, including identified specialized procedures, for such individual. (iv) 'Training' means teaching proxy caregivers the necessary knowledge and skills to perform health maintenance activities for disabled individuals. Good faith efforts by an attending physician, advanced practice registered nurse, physician assistant, or registered professional nurse to provide training to a proxy caregiver to perform health maintenance activities shall not be construed to be professional delegation." 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long Y Loudermilk Y Lucas 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 Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Purcell E Ramsey Randall Y Reece Y Reese Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E 1958 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, M Y Williams, R Y Wix Y Yates Ralston, 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 Pruett of the 144th 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 Franklin of the 43rd 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 HB 1040 contains an unconstitutional delegation of legislative power to the executive branch, contrary to Article III, Section I, Paragraph I and Article III, Section VI, Paragraph III of the Constitution of the State of Georgia. It would have been a violation of my oath of office to have voted for it. /s/ Bobby Franklin Representative District 43 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. The report of the Committee, which was favorable to the passage of the Bill, was agreed to. On the passage of the Bill, the roll call was ordered and the vote was as follows: FRIDAY, MARCH 26, 2010 1959 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter 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 Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E 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 E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham 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 Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed. Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1221. By Representatives O`Neal of the 146th and Abrams of the 84th: 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. 1960 JOURNAL OF THE HOUSE The following Committee substitute was read and adopted: A BILL To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of sales and use tax provisions for streamlined sales tax purposes; to change and provide for definitions; to change and provide for exemptions; to change certain provisions regarding limitations on local sales and use taxes; to change certain provisions regarding designation of price brackets; to change certain provisions regarding tax collection from dealers; to change certain provisions regarding taxability burden of proof; to change certain provisions regarding property retention, demonstration, or display; to change certain provisions regarding reporting of sales and accounting methods; to change certain provision regarding dealer returns and estimated tax liability; to change certain provisions regarding dealer compensation; to change certain provisions regarding dealers' duty to keep records, examination, assessment, and collection; to change certain provisions regarding return allowances; to change certain provisions regarding dealer certificates of registration; to provide for comprehensive procedures, conditions, and limitations regarding implementation of streamlined sales tax purposes; to change certain provisions regarding the imposition of the joint county and municipal sales and use tax; to change certain provisions regarding imposition of the homestead option sales and use tax; to change certain provisions regarding imposition of the county special purpose local option sales tax; to change certain provisions regarding definitions relating to the Streamlined Sales and Use Tax Agreement; to change certain provisions regarding intergovernmental contracts and imposition of the municipal option water and sewer projects and costs tax; to provide for an excise tax on certain jet fuel; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-8-2, relating to definitions regarding sales and use tax, as follows: "48-8-2. As used in this article, the term: (1) 'Alcoholic Beverages' means beverages that are suitable for human consumption and contain one-half of one percent or more of alcohol by volume. (2) 'Ancillary services' means services that are associated with or incidental to the provision of 'telecommunications services,' including but not limited to 'detailed telecommunications billing service,' 'directory assistance,' 'vertical service,' and 'voice mail services.' FRIDAY, MARCH 26, 2010 1961 (3) 'Bundled transaction' means the retail sale of two or more products, except real property and services to real property, where the products are otherwise distinct and identifiable and the products are sold for one nonitemized price. A 'bundled transaction' does not include the sale of any products in which the 'sales price' varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction. (A) 'Distinct and identifiable products' shall not include: (i) Packaging such as containers, boxes, sacks, bags, and bottles or other materials such as wrapping, labels, tags, and instruction guides, that accompanies the 'retail sale' of the products and are incidental or immaterial to the 'retail sale' thereof. Examples of packaging that are incidental or immaterial include grocery sacks, shoe boxes, dry cleaning garment bags, and express delivery envelopes and boxes. (ii) A product provided free of charge with the required purchase of another product. A product is 'provided free of charge' if the 'sales price' of the product purchased does not vary depending on the inclusion of the product 'provided free of charge.' (iii) Items included in the 'sales price.' (B) The term 'one nonitemized price' shall not include a price that is separately identified by product on binding sales or other supporting sales related documentation made available to the customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list. (C) A transaction that otherwise meets the definition of a 'bundled transaction' as defined above, is not a 'bundled transaction' if it is: (i) The 'retail sale' of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service; (ii) The 'retail sale' of services where one service is provided that is essential to the use or receipt of a second service and the first service is provided exclusively in connection with the second service and the true object of the transaction is the second service; (iii)(I) A transaction that includes taxable products and nontaxable products and the 'purchase price' or 'sales price' of the taxable products is de minimis. As used in this subparagraph the term, 'de minimis' means the seller's 'purchase price' or 'sales price' of the taxable product is 10 percent or less of the total 'purchase price' or 'sales price' of the bundled products. (II) Sellers shall use either the 'purchase price' or the 'sales price' of the products to determine if the taxable products are de minimis. Sellers may not use a combination of the 'purchase price' and 'sales price' of the products to determine if the taxable products are de minimis. (III) Sellers shall use the full term of a service contract to determine if the taxable products are de minimis; or 1962 JOURNAL OF THE HOUSE (iv) The 'retail sale' of exempt tangible personal property and taxable tangible personal property where: (I) The transaction includes 'food and food ingredients,' 'drugs,' 'durable medical equipment,' 'mobility enhancing equipment,' 'over-the-counter drugs,' or 'prosthetic devices'; and (II) The seller's 'purchase price' or 'sales price' of the taxable tangible personal property is 50 percent or less of the total 'purchase price' or 'sales price' of the bundled tangible personal property. Sellers may not use a combination of the 'purchase price' and 'sales price' of the tangible personal property when making the 50 percent determination for a transaction. (4) 'Business' means any activity engaged in by any person or caused to be engaged in by any person with the object of direct or indirect gain, benefit, or advantage. (2) 'Cost price' means the actual cost of articles of tangible personal property without any deductions for the cost of materials used, labor costs, service costs, transportation charges, or any other expenses of any kind. (5) 'Coin-operated telephone service' means a 'telecommunications service' paid for by inserting money into a telephone accepting direct deposits of money to operate. (6) 'Computer software' means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (7) 'Conference bridging service' means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. 'Conference bridging service' shall not include the telecommunications services used to reach the conference bridge. (3)(8) 'Dealer' means every person who: (A) Has sold at retail, used, consumed, distributed, or stored for use or consumption in this state tangible personal property and who cannot prove that the tax levied by this article has been paid on the sale at retail or on the use, consumption, distribution, or storage of the tangible personal property; (B) Imports or causes to be imported tangible personal property from any state or foreign country for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state; (C) Is the lessee or renter of tangible personal property and who pays to the owner of the property a consideration for the use or possession of the property without acquiring title to the property; (D) Leases or rents tangible personal property for a consideration, permitting the use or possession of the property without transferring title to the property; (E) Maintains or has within this state, indirectly or by a subsidiary, an office, distribution center, salesroom or sales office, warehouse, service enterprise, or any other place of business; (F) Manufactures or produces tangible personal property for sale at retail or for use, consumption, distribution, or storage for use or consumption in this state; FRIDAY, MARCH 26, 2010 1963 (G) Sells at retail, offers for sale at retail, or has in his possession for sale at retail, or for use, consumption, distribution, or storage for use or consumption in this state tangible personal property; (H) Solicits business by an agent, employee, representative, or any other person; (I) Engages in the regular or systematic solicitation of a consumer market in this state, unless the dealer's only activity in this state is: (i) Advertising or solicitation by: (I) Direct mail, catalogs, periodicals, or advertising fliers; (II) Means of print, radio, or television media; or (III) Telephone, computer, the Internet, cable, microwave, or other communication system; or (ii) The delivery of tangible personal property within this state solely by common carrier or United States mail. The exceptions provided in divisions (i) and (ii) of this subparagraph shall not apply to any requirements under Code Section 48-8-14; (J) Is an affiliate that sells at retail, offers for sale at retail in this state, or engages in the regular or systematic solicitation of a consumer market in this state through a related dealer located in this state unless: (i) The in-state dealer to which the affiliate is related does not engage in any of the following activities on behalf of the affiliate: (I) Advertising; (II) Marketing; (III) Sales; or (IV) Other services; and (ii) The in-state dealer to which the affiliate is related accepts the return of tangible personal property sold by the affiliate and also accepts the return of tangible personal property sold by any person or dealer that is not an affiliate on the same terms and conditions as an affiliate's return; As used in this subparagraph, the term 'affiliate' means any person that is related directly or indirectly through one or more intermediaries, controls, is controlled by, is under common control with, or is subject to the control of a dealer described in subparagraphs (A) through (I) of this paragraph or in this subparagraph; (K) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a 'dealer' in Georgia merely because such person: (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; 1964 JOURNAL OF THE HOUSE (iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the United States Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person; (L) Each dealer shall collect the tax imposed by this article from the purchaser, lessee, or renter, as applicable, and no action seeking either legal or equitable relief on a sale, lease, rental, or other transaction may be had in this state by the dealer unless the dealer has fully complied with this article; or (M) The commissioner shall promulgate such rules and regulations necessary to administer this paragraph, including other such information, applications, forms, or statements as the commissioner may reasonably require. (9) 'Delivered electronically' means delivered to the purchaser by means other than tangible storage media. (10) 'Delivery charges' means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing. (11) 'Detailed telecommunications billing service' means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (12) 'Direct mail' means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the costs of the items are not billed directly to the recipients. 'Direct mail' includes tangible personal property supplied directly or indirectly by the purchaser to the direct mail seller for inclusion in the package containing the printed material. 'Direct mail' does not include multiple items of printed material delivered to a single address. (13) 'Directory assistance' means an ancillary service of providing telephone number information or address information, or both. (14) 'Drug' means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than 'food and food ingredients,' 'dietary supplements,' or 'alcoholic beverages': FRIDAY, MARCH 26, 2010 1965 (A) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or supplement to any of them; (B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or (C) Intended to affect the structure or any function of the body. (15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include 'mobility enhancing equipment,' which: (A) Can withstand repeated use; (B) Is primarily and customarily used to serve a medical purpose; (C) Generally is not useful to a person in the absence of illness or injury; and (D) Is not worn in or on the body. (4) 'Gross sales' means the: (A) Sum total of all retail sales of tangible personal property or services without any deduction of any kind other than as provided in this article; or (B)(i) Charges, when applied to sales of telephone service, made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semipublic coin box telephone services; except as otherwise provided in division (ii) of this subparagraph. (ii)(I) If a telephone service is not subject to the tax levied by this chapter, and if the amount charged for such telephone service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable telephone service shall be treated as being subject to such tax unless the telephone service provider can reasonably identify the amount paid or charged for the telephone service not subject to such tax from its books and records kept in the regular course of business. (II) If a telephone service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such telephone service unless the telephone service provider separately states the amount charged for such nontaxable telephone service or the telephone service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the provider's books and records that are kept in the regular course of business that reasonably identifies the amount charged for such nontaxable telephone service. (16) 'Food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco unless specifically provided otherwise. (5)(17) 'Lease or rental' means the leasing or renting of tangible personal property and the possession or use of the property by the lessee or renter for a consideration without transfer of the title to the property any transfer of possession or control of 1966 JOURNAL OF THE HOUSE tangible personal property for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or extend. 'Lease or rental' shall not include: (A) A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments; (B) A transfer of possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of one hundred dollars or one percent of the total required payments; or (C) Providing tangible personal property along with an operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the equipment to perform as designed. For the purpose of this subparagraph, an operator must do more than maintain, inspect, or install the tangible personal property. (18) 'Load and leave' means delivery to the purchaser by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. (19) 'Mobile wireless service' means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, by which the origination or termination points, or both, of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider. (20) 'Mobility enhancing equipment' means equipment including repair and replacement parts to the same, but does not include 'durable medical equipment,' which: (A) Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle; (B) Is not generally used by persons with normal mobility; and (C) Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer. (21) 'Place of primary use' means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, 'place of primary use' must be within the licensed service area of the home service provider. (22) 'Prepaid calling service' means the right to access exclusively 'telecommunications services,' which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. (5.1)(23) 'Prepaid local tax' means any local sales and use tax which is levied on the sale or use of motor fuel and imposed in an area consisting of less than the entire FRIDAY, MARCH 26, 2010 1967 state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. Such tax is based on the same average retail sales price as set forth in subparagraph (b)(2)(B) of Code Section 48-9-14. Such price shall be used to compute the prepaid sales tax rate for local jurisdictions by multiplying such retail price by the applicable rate imposed by the jurisdiction. The person collecting and reporting the prepaid local tax for the local jurisdiction shall provide a schedule as to which jurisdiction these collections relate. This determination shall be based upon the shipping papers of the conveyance that delivered the motor fuel to the dealer or consumer in the local jurisdiction. A seller may rely upon the representation made by the purchaser as to which jurisdiction the shipment is bound and prepare shipping papers in accordance with those instructions. (5.2)(24) 'Prepaid state tax' means the tax levied under Code Section 48-8-30 in conjunction with Code Section 48-8-3.1 and Code Section 48-9-14 on the retail sale of motor fuels for highway use and collected prior to that retail sale. This tax is based upon the average retail sales price as set forth in Code Section 48-9-14. (25) 'Prepaid wireless calling service' means a 'telecommunications service' that provides the right to utilize 'mobile wireless service' as well as other nontelecommunications services including the download of digital products 'delivered electronically,' content, and 'ancillary services,' which must be paid for in advance that is sold in predetermined units of dollars of which the number declines with use in a known amount. (26) 'Prewritten computer software' means 'computer software,' including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two or more 'prewritten computer software' programs or prewritten portions thereof does not cause the combination to be other than 'prewritten computer software.' 'Prewritten computer software' includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser. Where a person modifies or enhances 'computer software' of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person's modifications or enhancements. 'Prewritten computer software' or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains 'prewritten computer software'; provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute 'prewritten computer software.' (27) 'Prepared food' means: (A) Food sold in a heated state or heated by the seller; 1968 JOURNAL OF THE HOUSE (B) Two or more food ingredients mixed or combined by the seller for sale as a single item; or (C) Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food. 'Prepared food' shall not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as in Chapter 3, part 401.11 of the United States Food and Drug Administration Food Code so as to prevent food borne illnesses. (28) 'Prescription' means an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of this state. (29) 'Prosthetic device' means a replacement, corrective, or supportive device including repair and replacement parts for the same worn on or in the body to: (A) Artificially replace a missing portion of the body; (B) Prevent or correct physical deformity or malfunction; or (C) Support a weak or deformed portion of the body. (30) 'Purchase price' applies to the measure subject to use tax and has the same meaning as sales price. (6)(31) 'Retail sale' or a 'sale at retail' means: any sale, lease, or rental for any purpose other than for resale, sublease, or subrent. (A) A sale to a consumer or to any person for any purpose other than for resale of tangible personal property or services taxable under this article including, but not limited to, any such transactions which the commissioner upon investigation finds to be in lieu of sales. Sales for resale must be made in strict compliance with the commissioner's rules and regulations. Any dealer making a sale for resale which is not in strict compliance with the commissioner's rules and regulations shall himself be liable for and shall pay the tax;. The terms 'retail sale' or 'sale at retail' include but are not limited to the following: (B)(A)(i) Except as otherwise provided in division (ii) of this subparagraph, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, alcoholic beverages, and tobacco products, when made to any purchaser for purposes other than resale. (ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state as follows: (I) For calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; (II) For calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; FRIDAY, MARCH 26, 2010 1969 (III) For calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and (V) For calendar years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt; (C)(B) The sale or charges for any room, lodging, or accommodation furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. This tax shall not apply to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more; (D)(C) Sales of tickets, fees, or charges made for admission to, or voluntary contributions made to places of, amusement, sports, or entertainment including, but not limited to: (i) Billiard and pool rooms; (ii) Bowling alleys; (iii) Amusement devices; (iv) Musical devices; (v) Theaters; (vi) Opera houses; (vii) Moving picture shows; (viii) Vaudeville; (ix) Amusement parks; (x) Athletic contests including, but not limited to, wrestling matches, prize fights, boxing and wrestling exhibitions, football games, and baseball games; (xi) Skating rinks; (xii) Race tracks; (xiii) Public bathing places; (xiv) Public dance halls; and (xv) Any other place at which any exhibition, display, amusement, or entertainment is offered to the public or any other place where an admission fee is charged; (E) Reserved; (F)(D) Charges made for participation in games and amusement activities; or (G)(E) Sales of tangible personal property to persons for resale when there is a likelihood that the state will lose tax funds due to the difficulty of policing the business operations because: (i) Of the operation of the business; (ii) Of the very nature of the business; (iii) Of the turnover of so-called independent contractors; (iv) Of the lack of a place of business in which to display a certificate of registration; 1970 JOURNAL OF THE HOUSE (v) Of the lack of a place of business in which to keep records; (vi) Of the lack of adequate records; (vii) The persons are minors or transients; (viii) The persons are engaged in essentially service businesses; or (ix) Of any other reasonable reason. The commissioner may promulgate rules and regulations requiring vendors of persons described in this subparagraph to collect the tax imposed by this article on the retail price of the tangible personal property. The commissioner shall refuse to issue certificates of registration and may revoke certificates of registration issued in violation of his rules and regulations. (F) Charges, which applied to sales of telephone service, made for local exchange telephone service, except coin-operated telephone service, except as otherwise provided in subparagraph (H) of this paragraph. (G) If the price is attributable to products that are taxable and products that are nontaxable, the portion of the price attributable to the nontaxable products may be subject to tax unless the provider can identify by reasonable and verifiable standards such portion from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. If the price is attributable to products that are subject to tax at different tax rates, the total price may be treated as attributable to the products subject to tax at the highest tax rate unless the provider can identify by reasonable and verifiable standards the portion of the price attributable to the products subject to tax at the lower rate from the provider's books and records that are kept in the regular course of business for other purposes, including, but not limited to, nontax purposes. (7)(32) 'Retailer' means every person making sales at retail or for distribution, use, consumption, or storage for use or consumption in this state and has the same meaning as 'seller' in Code Section 48-8-161. (8)(A)(33)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to: (i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; (ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or (iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealer's physical presence, in the case of a motor vehicle retail sale or a motor vehicle lease or rental when the lease or rental period exceeds 30 days and when the purchaser or lessee is a resident of this state, the taxable situs FRIDAY, MARCH 26, 2010 1971 of the transaction for the purposes of collecting local sales and use taxes shall be the county of motor vehicle registration of the purchaser or lessee. (9)(A)(34)(A) 'Sales price' applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether paid received in money or otherwise, for which tangible personal property or services are sold including, but not limited to, any services that are a part of the sale and any amount for which credit is given to the purchaser by the seller without any deduction from the total amount for the cost of the property sold, the cost of materials used, labor or service costs, losses, or any other expenses of any kind. for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor, or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges; (iv) Delivery charges; (v) Installation charges; and (vi) Credit for any trade-in, except as otherwise provided in division (vii) of subparagraph (B) of this paragraph. (B) 'Sales price' does shall not include: (i) Cash discounts allowed and taken on sales Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale; (ii) The amount charged for labor or services rendered in installing, applying, remodeling, or repairing property sold Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; or (iii) Finance charges, carrying charges, service charges, or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser; (iv) Installation charges if they are separately stated on the invoice, billing, or similar document given to the purchaser; (v) Charges by the seller for any services necessary to complete the sale if they are separately stated on the invoice, billing, or similar document given to the purchaser; (vi) Telecommunications nonrecurring charges if they are separately stated on the invoice, billing, or similar document; and (vii) Credit for any motor vehicle trade-in. 1972 JOURNAL OF THE HOUSE (C) 'Sales price' shall include consideration received by the seller from third parties if: (i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale; (ii) The seller has an obligation to pass the price reduction or discount through to the purchaser; (iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and (iv) One of the following criteria is met: (I) The purchaser presents a coupon, certificate, or other documentation to the seller to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate, or documentation is presented; (II) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount; provided, however, that a 'preferred customer' card that is available to any patron shall not constitute membership in such a group; or (III) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser. (35) 'Soft drinks' means nonalcoholic beverages that contain natural or artificial sweeteners. 'Soft drinks' shall not include beverages that contain milk or milk products, soy, rice, or similar milk substitutes, or greater than 50 percent of vegetable or fruit juice by volume. (10)(36) 'Storage' means any keeping or retention in this state of tangible personal property for use or consumption in this state or for any purpose other than sale at retail in the regular course of business. (37) 'Streamlined sales tax agreement' means the Streamlined Sales and Use Tax Agreement under Code Section 48-8-162. (11)(38) 'Tangible personal property' means personal property which may that can be seen, weighed, measured, felt, or touched or that is in any other manner perceptible to the senses. 'Tangible personal property' includes electricity, water, gas, steam, and prewritten computer software. 'Tangible personal property' does not mean stocks, bonds, notes, insurance, or other obligations or securities. (39) 'Telecommunications nonrecurring charges' means an amount billed for the installation, connection, change, or initiation of 'telecommunications service' received by the customer. (40) 'Telecommunications service' means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term 'telecommunications service' includes such transmission, conveyance, or routing in which computer processing applications are FRIDAY, MARCH 26, 2010 1973 used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as voice over Internet protocol services or is classified by the Federal Communications Commission as enhanced or value added. 'Telecommunications service' shall not include: (A) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information; (B) Installation or maintenance of wiring or equipment on a customer's premises; (C) Tangible personal property; (D) Advertising, including but not limited to directory advertising; (E) Billing and collection services provided to third parties; (F) Internet access service; (G) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider. Radio and television audio and video programming services shall include but not be limited to cable service as defined in 47 USC 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3; (H) Ancillary services; or (I) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones. (12)(41) 'Use' means the exercise of any right or power over tangible personal property incident to the ownership of the property including, but not limited to, the sale at retail of the property in the regular course of business. (13)(42) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article. (43) 'Vertical service' means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (44) 'Voice mail service' means an ancillary service that enables the customer to store, send, or receive recorded messages. 'Voice mail service' does not include any vertical services that the customer may be required to have in order to utilize the voice mail service." SECTION 2. Said title is further amended by revising Code Section 48-8-3, relating to exemptions from sales and use tax, as follows: "48-8-3. The sales and use taxes levied or imposed by this article shall not apply to: 1974 JOURNAL OF THE HOUSE (1) Sales to the United States government, this state, any county or municipality of this state, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds; (2) Transactions in which tangible personal property is furnished by the United States government or by a county or municipality of this state to any person who contracts to perform services for the governmental entity for the installation, repair, or extension of any public water, gas, or sewage system of the governmental entity when the tangible personal property is installed for general distribution purposes, notwithstanding Code Section 48-8-63 or any other provision of this article. No exemption is granted with respect to tangible personal property installed to serve a particular property site; (3) The federal retailers' excise tax if the tax is billed to the consumer separately from the selling price of the product or from the tax imposed by Article 1 of Chapter 9 of this title relating to motor fuel taxes; (4) Sales by counties and municipalities arising out of their operation of any public transit facility and sales by public transit authorities or charges by counties, municipalities, or public transit authorities for the transportation of passengers upon their conveyances; (5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system for the transportation of passengers. (B) As used in this paragraph, the term: (i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Public Service Commission, and whose fares and charges are regulated by the Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted prior to January 1, 2002, shall be deemed valid as of the date it was issued; (6) Sales to any hospital authority created by Article 4 of Chapter 7 of Title 31; (6.1) Sales to any housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law'; FRIDAY, MARCH 26, 2010 1975 (6.2) Sales to any local government authority created on or after January 1, 1980, by local law, which authority has as its principal purpose or one of its principal purposes the construction, ownership, or operation of a coliseum and related facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, or other public entertainments or any combination of such purposes; (6.3) Sales to any agricultural commodities commission created by and regulated pursuant to Chapter 8 of Title 2; (7) Sales of tangible personal property and services to a nonprofit licensed nursing home, nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by such nursing home, in-patient hospice, or hospital in performing a general nursing home, in-patient hospice, hospital, or mental hospital treatment function in this state when such nursing home, in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.05)(A) For the period commencing on July 1, 2008, and ending on June 30, 2010, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner. (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (7.1) Sales of tangible personal property and services to a nonprofit organization, the primary function of which is the provision of services to mentally retarded persons, when such organization is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.2) Sales of tangible personal property or services to any chapter of the Georgia State Society of the Daughters of the American Revolution which is tax exempt under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (7.3) For the period commencing July 1, 2008, and ending June 30, 2010, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such 1976 JOURNAL OF THE HOUSE volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner; (8) Sales of tangible personal property and services to the University System of Georgia and its educational units; (9) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this state whose academic credits are accepted as equivalents by the University System of Georgia and its educational units; (10) Sales of tangible personal property and services to be used exclusively for educational purposes by those bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions if application for exemption is made to the department and proof of the exemption is established; (11) Sales of tangible personal property or services to, and the purchase of tangible personal property or services by, any educational or cultural institute which: (A) Is tax exempt under Section 501(c)(3) of the Internal Revenue Code; (B) Furnishes at least 50 percent of its programs through universities and other institutions of higher education in support of their educational programs; (C) Is paid for by government funds of a foreign country; and (D) Is an instrumentality, agency, department, or branch of a foreign government operating through a permanent location in this state; (12) School lunches sold and served to pupils and employees of public schools; (13) Sales of food to be prepared food and food and food ingredients consumed on the premises by pupils and employees of bona fide private elementary and secondary schools which have been approved by the commissioner as organizations eligible to receive tax deductible contributions when application for exemption is made to the department and proof of the exemption is established; (14) Sales of objects of art and of anthropological, archeological, geological, horticultural, or zoological objects or artifacts and other similar tangible personal property to or for the use by any museum or organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code of such tangible personal property for display or exhibition in a museum within this state when the museum is open to the public and has been approved by the commissioner as an organization eligible to receive tax deductible contributions; (15) Sales: (A) Of any religious paper in this state when the paper is owned and operated by religious institutions or denominations and no part of the net profit from the operation of the institution or denomination inures to the benefit of any private person; (B) By religious institutions or denominations when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not exceed 30 in any calendar year; FRIDAY, MARCH 26, 2010 1977 (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used for the purely charitable purposes of: (I) Relief to the aged; (II) Church related youth activities; (III) Religious instruction or worship; or (IV) Construction or repair of church buildings or facilities; (15.1) Sales of pipe organs or steeple bells to any church which is qualified as an exempt religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; (16) The sale or use of Holy Bibles, testaments, and similar books commonly recognized as being Holy Scripture regardless of by or to whom sold; (17) The sale of fuel and supplies for use or consumption aboard ships plying the high seas either in intercoastal trade between ports in this state and ports in other states of the United States or its possessions or in foreign commerce between ports in this state and ports of foreign countries; (18) Charges made for the transportation of tangible personal property including, but not limited to, charges for accessorial services such as refrigeration, switching, storage, and demurrage made in connection with interstate and intrastate transportation of the property; (19) All tangible personal property purchased outside of this state by persons who at the time of purchase are not domiciled in this state but who subsequently become domiciled in this state and bring the property into this state for the first time as a result of the change of domicile, if the property is not brought into this state for use in a trade, business, or profession; (20) The sale of water delivered to consumers through water mains, lines, or pipes; (21) Sales, transfers, or exchanges of tangible personal property made as a result of a business reorganization when the owners, partners, or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization; (22) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made; (23) Fees or charges for services rendered by repairmen for which a separate charge is made; (24) The rental of videotape or motion picture film to any person who charges an admission fee to view such film or videotape; (25) The sale of seed; fertilizers; insecticides; fungicides; rodenticides; herbicides; defoliants; soil fumigants; plant growth regulating chemicals; desiccants including, but not limited to, shavings and sawdust from wood, peanut hulls, fuller's earth, straw, and hay; and feed for livestock, fish, or poultry when used either directly in tilling the soil or in animal, fish, or poultry husbandry; 1978 JOURNAL OF THE HOUSE (26) The sale to persons engaged primarily in producing farm crops for sale of machinery and equipment which is used exclusively for irrigation of farm crops including, but not limited to, fruit, vegetable, and nut crops; (27) The sale of sugar used as food for honeybees kept for the commercial production of honey, beeswax, and honeybees when the commissioner's prior approval is obtained; (28) The sale of cattle, hogs, sheep, horses, poultry, or bees when sold for breeding purposes; (29) The sale of the following types of agricultural machinery: (A) Machinery and equipment for use on a farm in the production of poultry and eggs for sale; (B) Machinery and equipment used in the hatching and breeding of poultry and the breeding of livestock; (C) Machinery and equipment for use on a farm in the production, processing, and storage of fluid milk for sale; (D) Machinery and equipment for use on a farm in the production of livestock for sale; (E) Machinery and equipment which is used by a producer of poultry, eggs, fluid milk, or livestock for sale for the purpose of harvesting farm crops to be used on the farm by that producer as feed for poultry or livestock; (F) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated for the first time into a new farm unit engaged in tilling the soil or in animal husbandry in this state; (G) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is incorporated as additional machinery for the first time into an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (H) Machinery which is used directly in tilling the soil or in animal husbandry when the machinery is bought to replace machinery in an existing farm unit already engaged in tilling the soil or in animal husbandry in this state; (I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term 'farm crops' includes only those crops which are planted and harvested within a 12 month period; and (J) Pecan sprayers, pecan shakers, and other equipment used in harvesting pecans which is sold to persons engaged in the growing, harvesting, and production of pecans; (29.1) The sale or use of any off-road equipment and related attachments which are sold to or used by persons engaged primarily in the growing or harvesting of timber and which are used exclusively in site preparation, planting, cultivating, or harvesting FRIDAY, MARCH 26, 2010 1979 timber. Equipment used in harvesting shall include all off-road equipment and related attachments used in every forestry procedure starting with the severing of a tree from the ground until and including the point at which the tree or its parts in any form has been loaded in the field in or on a truck or other vehicle for transport to the place of use. Such off-road equipment shall include, but not be limited to, skidders, feller bunchers, debarkers, delimbers, chip harvestors, tub-grinders, woods cutters, chippers of all types, loaders of all types, dozers, and motor graders and the related attachments; (30) The sale of a vehicle to a service-connected disabled veteran when the veteran received a grant from the United States Department of Veterans Affairs to purchase and specially adapt the vehicle to his disability; (31) The sale of tangible personal property manufactured or assembled in this state for export when delivery is taken outside this state; (32) Aircraft, watercraft, motor vehicles, and other transportation equipment manufactured or assembled in this state when sold by the manufacturer or assembler for use exclusively outside this state and when possession is taken from the manufacturer or assembler by the purchaser within this state for the sole purpose of removing the property from this state under its own power when the equipment does not lend itself more reasonably to removal by other means; (33)(A) The sale of aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of this state in the service of transporting passengers or cargo by common carriers and by carriers who hold common carrier and contract carrier authority in interstate or foreign commerce under authority granted by the United States government. Replacement parts installed by carriers in such aircraft, watercraft, railroad locomotives and rolling stock, and motor vehicles which become an integral part of the craft, equipment, or vehicle shall also be exempt from all taxes under this article; (B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use; (33.1)(A) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport, to the extent provided in subparagraphs (B), (C), and (D) of this paragraph. (B) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt from the first 1.80 percent of the 4 percent state sales and use tax imposed by this chapter and shall be subject to the remaining 2.20 percent of the 4 percent state sales and use tax imposed by this chapter. (C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall also be exempt from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. 1980 JOURNAL OF THE HOUSE (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E)(B) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F)(C) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G)(D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2009, and prior to July 1, 2011; (34) The sale of the following types of manufacturing machinery: (A) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is bought to replace or upgrade machinery or equipment in a manufacturing plant presently existing in this state and machinery or equipment components which are purchased to upgrade machinery or equipment which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant; (B) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used for the first time in a new manufacturing plant located in this state; (C) Machinery or equipment which is necessary and integral to the manufacture of tangible personal property when the machinery or equipment is used as additional machinery or equipment for the first time in a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery or equipment for the purpose specified in subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at the commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the FRIDAY, MARCH 26, 2010 1981 event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1)(A) The sale of primary material handling equipment which is used for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $5 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $5 million or more. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution facility. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law; (34.2)(A) The sale or use of machinery or equipment, or both, which is used in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, 'remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components. (B) Any person making a sale of machinery or equipment, or both, for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery or equipment without paying the tax; (34.3)(A) The sale or use of repair or replacement parts, machinery clothing or replacement machinery clothing, molds or replacement molds, dies or replacement dies, waxes, and tooling or replacement tooling for machinery which is necessary and integral to the manufacture of tangible personal property in a manufacturing plant presently existing in this state. (B) The commissioner shall promulgate rules and regulations to implement and administer this paragraph; (34.4)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, sales of tangible personal property to, or used in or for the construction of, an alternative fuel facility primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products, when such fuels are derived from 1982 JOURNAL OF THE HOUSE biomass materials such as agricultural products, or from animal fats, or the wastes of such products or fats. (B) As used in this paragraph, the term: (i) 'Alternative fuel facility' means any facility located in this state which is primarily dedicated to the production and processing of ethanol, biodiesel, butanol, and their by-products for sale. (ii) 'Used in or for the construction' means any tangible personal property incorporated into a new alternative fuel facility that loses its character of tangible personal property. Such term does not mean tangible personal property that is temporary in nature, leased or rented, tools, or other items not incorporated into the facility. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes an exemption certificate issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without payment of tax. (D) Any corporation, partnership, limited liability company, or any other entity or person that qualifies for this exemption must conduct at least a majority of its business with entities or persons with which it has no affiliation. (E) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the production and processing of biodiesel, ethanol, butanol, and their by-products has begun at the alternative fuel facility. (F) The exemption provided for under subparagraph (A) of this paragraph shall apply only to sales occurring during the period July 1, 2007, through June 30, 2012. (G) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (35)(A) The sale, use, storage, or consumption of: (i) Industrial materials for future processing, manufacture, or conversion into articles of tangible personal property for resale when the industrial materials become a component part of the finished product; (ii) Industrial materials other than machinery and machinery repair parts that are coated upon or impregnated into the product at any stage of its processing, manufacture, or conversion; or (iii) Materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, the items shall be used solely for packaging and shall not be purchased for reuse; (B) As used in this paragraph, the term 'industrial materials' does not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice, or other materials used for heat, light, power, or refrigeration in any phase of the manufacturing, processing, or converting process; FRIDAY, MARCH 26, 2010 1983 (36)(A) The sale of machinery and equipment and any repair, replacement, or component parts for such machinery and equipment which is used for the primary purpose of reducing or eliminating air or water pollution; (B) Any person making a sale of machinery and equipment or repair, replacement, or component parts for such machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment or repair, replacement, or component parts for such machinery and equipment without paying the tax; (36.1)(A) The sale of machinery and equipment which is incorporated into any qualified water conservation facility and used for water conservation. (B) As used in this paragraph, the term: (i) 'Qualified water conservation facility' means any facility, including buildings, and any machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. In addition, such facility shall have been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in groundwater pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (ii) 'Water conservation' means a minimum 10 percent reduction resulting in the relinquishment of transfer of annual permitted water usage from existing groundwater sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source. (C) Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax; (37) The sale of machinery and equipment for use in combating air and water pollution and any industrial material bought for further processing in the manufacture of tangible personal property for sale or any part of the industrial material or byproduct thereof which becomes a wasteful product contributing to pollution problems and which is used up in a recycling or burning process. Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect a tax imposed on the sale by this article unless the purchaser furnishes the person making the sale with a certificate issued by the commissioner certifying that the 1984 JOURNAL OF THE HOUSE purchaser is entitled to purchase the machinery, equipment, or industrial material without paying the tax; (38) Sales of tangible personal property and fees and charges for services by the Rock Eagle 4-H Center; (39) Sales by any public or private school containing any combination of grades kindergarten through 12 of tangible personal property, concessions, or tickets for admission to a school event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students; (39.1) The use of cargo containers and their related chassis which are owned by or leased to persons engaged in the international shipment of cargo by ocean-going vessels which containers and chassis are directly used for the storage and shipment of tangible personal property in or through this state in intrastate or interstate commerce; (40) The sale of major components and repair parts installed in military craft, vehicles, and missiles; (41)(A) Sales of tangible personal property and services to a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when: (i) The sale results from a specific charitable fundraising activity; (ii) The number of days upon which the fundraising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services; (42) The use by, or lease or rental of tangible personal property to, a person who acquires the property from another person where both persons are under 100 percent common ownership and where the person who furnishes, leases, or rents the property has: (A) Previously paid sales or use tax on the property; or (B) Been credited under Code Section 48-8-42 with paying a sales or use tax on the property so furnished, leased, or rented, and the tax credited is based upon the fair rental or lease value of the property; (43) Gross revenues generated from all bona fide coin operated amusement machines which vend or dispense music or are operated for skill, amusement, entertainment, or pleasure which are in commercial use and are provided to the public for play which will require a permit fee under Chapter 17 of this title; FRIDAY, MARCH 26, 2010 1985 (44) Sales of motor vehicles, as defined in Code Section 48-5-440, to nonresident purchasers for immediate transportation to and use in another state in which the vehicles are required to be registered, provided the seller obtains from the purchaser and retains an affidavit stating the name and address of the purchaser, the state in which the vehicle will be registered and operated, the make, model, and serial number of the vehicle, and such other information as the commissioner may require; (45) The sale, use, storage, or consumption of paper stock which is manufactured in this state into catalogs intended to be delivered outside this state for use outside this state; (46) Sales to blood banks having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code; (47)(A)(i) The sale or use 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' 'Drug' means the same as provided in Code Section 16-13-1 48-8-2. (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; (48) Sales to licensed commercial fishermen of bait for taking crabs and the use by licensed commercial fishermen of bait for taking crabs; (49) Sales of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; (49.1)(A) From July 1, 2008, until June 30, 2010, the sale or use of liquefied petroleum gas or other fuel used in a structure in which swine are raised. 1986 JOURNAL OF THE HOUSE (B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; and by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time; (50) Sales of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics and sales of insulin, insulin syringes, and blood glucose level measuring strips dispensed without a prescription; (51) Sales of oxygen prescribed by a licensed physician; (52) The sale or use of hearing aids Reserved; (53) Sales transactions for which food stamps or WIC coupons are used as the medium of exchange; (54) The sale or use of any durable medical equipment or prosthetic device prescribed by a physician; (55) The sale of lottery tickets authorized by Chapter 27 of Title 50; (56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code; (57)(A) The sale for off-premises human consumption or use of eligible foods and beverages of food and food ingredients, to the extent provided in subparagraph (B) of this paragraph. (B) A transaction described in subparagraph (A) of this paragraph shall be exempt from sales and use tax only if occurring on or after October 1, 1996, and only to the extent set forth in divisions (i) through (iii) of this subparagraph as follows: (i) For a transaction occurring during the period from October 1, 1996, through September 30, 1997, to the extent of 50 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; (ii) For a transaction occurring during the period from October 1, 1997, through September 30, 1998, to the extent of 75 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; and (iii) For a transaction occurring on or after October 1, 1998, to the extent of 100 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed. (C)(B) For the purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, except that eligible food and beverages shall not include seeds or plants to grow food and FRIDAY, MARCH 26, 2010 1987 shall not include food or drink dispensed by or through vending machines or related operations 'food and food ingredients' shall not include prepared food, alcoholic beverages, or tobacco. (D)(i)(C)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in divisions (i) and (iv) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) The exemption provided for in this paragraph shall apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 2A of this chapter. (v)(ii) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 any article of this chapter. (E)(D) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph; (57.1)(A) From July 1, 2006, until June 30, 2010, sales of eligible food and beverages food ingredients to a qualified food bank. (B) As used in this paragraph, the term: (i) 'Eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (ii) 'Qualified 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low income persons residing in this state. (C) Any person making a sale of eligible food and beverages for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by 1988 JOURNAL OF THE HOUSE the commissioner certifying that the purchaser is entitled to purchase the eligible food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, the use of prepared food and beverages soft drinks which are donated to a qualified nonprofit agency and which are used for hunger relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) Any person making a donation of prepared food and beverages for the purpose specified in this paragraph shall remit the tax imposed thereon unless the person making use of such prepared food and beverages furnishes the person making the donation with an exemption determination letter issued by the commissioner certifying that the person making use of such food and beverages is entitled to use the prepared food and beverages without paying the tax. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.3)(A) For the period commencing July 1, 2007, and ending on June 30, 2011, the use of prepared food and beverages soft drinks which are donated following a natural disaster and which are used for disaster relief purposes. (B) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term: (i) 'Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting standards. The term does not include tangible personal property which is incorporated into real property construction. (C) This paragraph shall stand repealed on January 1, 2011; (59)(A) For purposes of this paragraph, 'eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), FRIDAY, MARCH 26, 2010 1989 as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (B)(A) Sales of eligible food and beverages food and food ingredients to and by member councils of the Girl Scouts of the U.S.A. in connection with fundraising activities of any such council. (C)(B) Sales of eligible food and beverages food and food ingredients to and by member councils of the Boy Scouts of America in connection with fundraising activities of any such council; (60) The sale of machinery and equipment which is incorporated into any telecommunications manufacturing facility and used for the primary purpose of improving air quality in advanced technology clean rooms of Class 100,000 or less, provided such clean rooms are used directly in the manufacture of tangible personal property; (61) Printed advertising inserts or advertising supplements distributed in this state in or as part of any newspaper for resale; (62) The sale of grass sod of all kinds and character when such sod is in the original state of production or condition of preparation for sale. The exemption provided for by this paragraph shall only apply to a sale made by the sod producer, a member of such producer's family, or an employee of such producer. The exemption provided for by this paragraph shall not apply to sales of grass sod by a person engaged in the business of selling plants, seedlings, nursery stock, or floral products; (63) The sale or use of funeral merchandise, outer burial containers, and cemetery markers as defined in Code Section 43-18-1, which are purchased with funds received from the Georgia Crime Victims Emergency Fund under Chapter 15 of Title 17; (64) The sale of electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of crops; (65)(A) Sales of dyed diesel fuel exclusively used to operate vessels or boats in the commercial fishing trade by licensed commercial fishermen. (B) Any person making a sale of dyed diesel fuel for the purposes specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the dyed diesel fuel without paying the tax; (66) Sales of gold, silver, or platinum bullion or any combination of such bullion, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (67) Sales of coins or currency or a combination of coins and currency, provided that the dealer maintains proper documentation, as specified by rule or regulation to be promulgated by the department, to identify each sale or portion of a sale which is exempt under this paragraph; (68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under North 1990 JOURNAL OF THE HOUSE American Industrial Classification System code 51121, 51331, 51333, 51334, 51421, 52232, 54133, 54171, 54172, 334413, 334611, 513321, 513322, 514191, 541511, 541512, 541513, or 541519 where such sale of computer equipment for any calendar year exceeds $15 million or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph. (C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe driven high-speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting of production applications, hosting of application systems development activities, or hosting of applications systems testing. (ii) The term shall not include: (I) Telephone central office equipment or other voice data transport technology; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process. (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation; (69) The sale of machinery, equipment, and materials incorporated into and used in the construction or operation of a clean room of Class 100 or less in this state, not to include the building or any permanent, nonremovable component of the building that houses such clean room, provided that such clean room is used directly in the manufacture of tangible personal property in this state; (70)(A) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed FRIDAY, MARCH 26, 2010 1991 in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; or by or pursuant to Part 2 of Article 3 of this chapter. (B) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold. (C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D)(B) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph; (70.1)(A) For the period commencing July 1, 2008, and concluding on December 31, 2010, the sale of natural or artificial gas, No. 2 fuel oil, No. 6 fuel oil, propane, petroleum coke, and coal used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale, and the fuel cost recovery component of retail electric rates used directly or indirectly in the manufacture or processing, in a manufacturing plant located in this state, of tangible personal property primarily for resale. (B) The exemption provided for in subparagraph (A) of this paragraph shall not apply to the first $7.60 per decatherm of the sales price or cost price of natural or artificial gas, the first $2.48 per gallon of the sales price or cost price of No. 2 fuel oil, the first $1.72 per gallon of the sales price or cost price of No. 6 fuel oil, the first $1.44 per gallon of the sales price or cost price of propane, the first $57.90 per ton of petroleum coke, the first $57.90 per ton of coal, or the first 3.44 per kilowatt hour of the fuel cost recovery component of retail electricity rates whether such fuel recovery charges are charged separately or are embedded in such electric rates. Dealers with such embedded rates may exempt from the electricity sales upon which the sales tax is calculated no more than the amount, if any, by which the fuel cost recovery charge approved by the Georgia Public Service Commission for transmission customers of electric utilities regulated by the Georgia Public Service Commission exceeds 3.44 per kilowatt hour. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. 1992 JOURNAL OF THE HOUSE (D) Any person making a sale of items qualifying for exemption under subparagraph (A) of this paragraph shall be relieved of the burden of proving such qualification if the person receives in good faith a certificate from the purchaser certifying that the purchase is exempt under this paragraph. (E) Any person who qualifies for this exemption shall notify and certify to the person making the qualified sale that this exemption is applicable to the sale; (71) Sales to or by any nonprofit organization which has as its primary purpose the raising of funds for books, materials, and programs for public libraries if such organization qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code; (72) The sale or use, to or by permanently disabled persons, of wheelchairs and any accompanying equipment, including seating equipment, all of which is manually or mechanically attached or adapted to such wheelchairs of all mobility enhancing equipment prescribed by a physician; (73)(A) The sale or lease of production equipment or production services for use in this state by a certified film producer or certified film production company for qualified production activities. (B) As used in this paragraph, the term: (i) 'Film producer' means any person engaged in the business of organizing and supervising qualified production activities. (ii) 'Film production company' means any company that employs one or more film producers and whose goal is to engage in film production activity. (iii) 'Production equipment' means items purchased or leased for use exclusively in qualified production activities in Georgia, including, but not limited to, cameras, camera supplies, camera accessories, lighting equipment, cables, wires, generators, motion picture film and videotape stock, cranes, booms, dollies, and teleprompters. (iv) 'Production services' means services purchased for use exclusively in qualified production activities in Georgia, including, but not limited to, digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, animation services, and script production. (v) 'Qualified production activities' means the production or post production of film or video projects such as feature films, series, pilots, movies for television, commercials, music videos, or sound recordings used in feature films, series, pilots, or movies for television, for which the film producer or film production company will be compensated and which are intended for nation-wide commercial distribution. (C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment or production services without paying FRIDAY, MARCH 26, 2010 1993 the tax. As a condition precedent to the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall not be valid without prior written approval by the Georgia Film and Videotape Office of the Department of Economic Development; (74)(A)(i) Except as otherwise provided in divisions (ii) and (iii) of this subparagraph, the sale or use of digital broadcast equipment sold to, leased to, or used by a federally licensed commercial or public radio or television broadcast station, a cable network, or a cable distributor that enables a radio or television station, cable network, or cable distributor to originate and broadcast or transmit or to receive and broadcast or transmit digital signals, including, but not limited to, digital broadcast equipment required by the Federal Communications Commission. (ii) For commercial or public television broadcasters and cable distributors, such equipment shall be limited to antennas, transmission lines, towers, digital transmitters, studio to transmitter links, digital routing switchers, character generators, Advanced Television Systems Committee video encoders and multiplexers, monitoring facilities, cameras, terminal equipment, tape recorders, and file servers. (iii) For radio broadcasters, such equipment shall be limited to transmitters, digital audio processors, and diskettes. (B) As used in this paragraph, the term: (i) 'Digital broadcast equipment' means equipment purchased, leased, or used for the origination or integration of program materials for broadcast over the airwaves or transmission by cable, satellite, or fiber optic line which uses or produces an electronic signal where the signal carries data generated, stored, and processed as strings of binary data. Data transmitted or stored as digital data consists of strings of positive or nonpositive elements of a transmission expressed in strings of 0's and 1's which a computer or processor can reconstruct as an electronic signal. (ii) 'Federally licensed commercial or public radio or television broadcast station' means any entity or enterprise, either commercial or noncommercial, which operates under a license granted by the Federal Communications Commission for the purpose of free distribution of audio and video services when the distribution occurs by means of transmission over the public airwaves. (C) The exemption provided under this paragraph shall not apply to any of the following: (i) Repair or replacement parts purchased for the equipment described in this paragraph; (ii) Equipment purchased to replace equipment for which an exemption was previously claimed and taken under this paragraph; (iii) Any equipment purchased after a television station, cable network, or cable distributor has ceased analog broadcasting, or purchased after November 1, 2004, whichever occurs first; or 1994 JOURNAL OF THE HOUSE (iv) Any equipment purchased after a radio station has ceased analog broadcasting, or purchased after November 1, 2008, whichever occurs first. (D) Any person making a sale of digital broadcasting equipment to a federally licensed commercial or public radio or television broadcast station, cable network, or cable distributor shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the equipment without paying the tax; (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 30, 2009, and concluding at 12:00 Midnight on August 2, 2009. (B) As used in this paragraph, the term 'covered item' shall mean: (i) Articles of clothing and footwear with a sales price of $100.00 or less per article of clothing or pair of footwear, excluding accessories such as jewelry, handbags, umbrellas, eyewear, watches, and watchbands; (ii) A single purchase, with a sales price $1,500.00 or less, of personal computers and personal computer related accessories purchased for noncommercial home or personal use, including personal computer base units and keyboards, personal digital assistants, handheld computers, monitors, other peripheral devices, modems for Internet and network access, and nonrecreational software, whether or not they are to be utilized in association with the personal computer base unit. Computer and computer related accessories shall not include furniture and any systems, devices, software, or peripherals designed or intended primarily for recreational use; and (iii) Noncommercial purchases of general school supplies to be utilized in the classroom or in classroom related activities, such as homework, up to a sales price of $20.00 per item including pens, pencils, notebooks, paper, book bags, calculators, dictionaries, thesauruses, and children's books and books listed on approved school reading lists for pre-kindergarten through twelfth grade. (C) The exemption provided by this paragraph shall not apply to rentals, sales in a theme park, entertainment complex, public lodging establishment, restaurant, or airport or to purchases for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph including but not be limited to a list of those articles and items qualifying for the exemption pursuant to this paragraph; (76) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from June 4, 2003, until January 1, 2007, sales of tangible personal property to, or used in the construction of, an aquarium owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (77) Sales of liquefied petroleum gas or other fuel used in a structure in which plants, seedlings, nursery stock, or floral products are raised primarily for the purposes of making sales of such plants, seedlings, nursery stock, or floral products for resale; (78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until September 1, 2011, sales of tangible FRIDAY, MARCH 26, 2010 1995 personal property used in direct connection with the construction of a new 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. (B) 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; (79) The sale or use of ice for chilling poultry or vegetables in processing for market and for chilling poultry or vegetables in storage rooms, compartments, or delivery trucks; (80)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until December 31, 2007, sales of tangible personal property to, or used in or for the new construction of an eligible corporate attraction. (B) As used in this paragraph, the term: 'corporate attraction' means any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to the history and products of a corporation which costs exceeds $50 million, is greater than 60,000 square feet of space, and has associated facilities, including but not limited to parking decks and landscaping owned by the same owner as the eligible corporate attraction. (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; (81) The sale of food and beverages, except for alcoholic beverages, food ingredients to a qualifying airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages food ingredients to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground; and for purposes of this paragraph a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. As used in this paragraph, 'food and food ingredients' means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. 'Food and food ingredients' shall not include alcoholic beverages or tobacco; (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 1996 JOURNAL OF THE HOUSE occurring during a period commencing at 12:01 A.M. on October 1, 2009, and concluding at 12:00 Midnight on October 4, 2009. (B) As used in this paragraph, the term: (i) 'Energy efficient product' means any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency's Energy Star program. (ii) 'Water efficient product' means any product used for the conservation or efficient use of water which has been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which has been designated as meeting or exceeding such requirements under such agency's Water Sense program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products or water efficient products purchased for trade, business, or resale. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph; (83)(A) The sale or use of biomass material, including pellets or other fuels derived from compressed, chipped, or shredded biomass material, utilized in the production of energy, including without limitation the production of electricity, steam, or the production of electricity and steam, which is subsequently sold. (B) As used in this paragraph, the term 'biomass material' means organic matter, excluding fossil fuels, including agricultural crops, plants, trees, wood, wood wastes and residues, sawmill waste, sawdust, wood chips, bark chips, and forest thinning, harvesting, or clearing residues; wood waste from pallets or other wood demolition debris; peanut shells; pecan shells; cotton plants; corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and residues, including hulls, shells, or cellulose containing fibers; (84)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from July 1, 2006, until June 30, 2008, sales of tangible personal property used in direct connection with the construction of a national infantry museum and heritage park facility. (B) As used in this paragraph, the term 'national infantry museum and heritage park facility' means a museum and park facility which is constructed after July 1, 2006; is dedicated to the history of the American foot soldier; has more than 130,000 square feet of space; and has associated facilities, including, but not limited to, parking, parade grounds, and memorial areas. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the FRIDAY, MARCH 26, 2010 1997 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; (85)(A) Sales of tangible personal property and services to a qualified job training organization when such organization obtains an exemption determination letter from the commissioner. (B) For purposes of this paragraph, 'qualified job training organization' means an organization which: (i) Is located in this state; (ii) Is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code; (iii) Specializes in the retail sale of donated items; (iv) Provides job training and employment services to individuals with workplace disadvantages and disabilities; and (v) Uses a majority of its revenues for job training and placement programs. (C)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; or by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (D) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph. (E) This paragraph shall stand repealed in its entirety on July 1, 2010; (86) For the period commencing on July 1, 2007, and ending on June 30, 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; (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 paragraph, 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 1998 JOURNAL OF THE HOUSE (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; (88)(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. (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; or (89) For the period commencing on July 1, 2009, and ending on June 30, 2011, 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." SECTION 3. Said title is further amended by revising Code Section 48-8-6, relating to limitations on local sales and use taxes, as follows: "48-8-6. (a) Except as otherwise authorized by the General Assembly, no county, municipality, school district, or other political subdivision of this state shall impose, levy, or collect a gross receipts tax, sales tax, use tax, or tax on amusement admission or services included in this article. (b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: FRIDAY, MARCH 26, 2010 1999 (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3) of Code Section 48-8-200. The exception provided for under this paragraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed. (c)(b) Where the exception specified in paragraph (2) of subsection (b) (a) of this Code section applies, the tax imposed under subparagraph (a)(1)(D) of Code Section 48-8111 shall not apply to: (1) Reserved; and (2) The sale of motor vehicles. (c.1)(c) Where the exception specified in paragraph (2) of subsection (b) of this Code section applies, on and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent. (d) Notwithstanding any law or ordinance to the contrary, any tax, charge, or fee levied by any political subdivision of this state and applicable to mobile telecommunications services, as defined in Section 124(7) of the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(7), shall apply only if the customer's place of primary use is located within the boundaries of the political subdivision levying such 2000 JOURNAL OF THE HOUSE local tax, charge, or fee. For purposes of this subsection, the provisions of Code Section 48-8-13 shall apply in the same manner and to the same extent as such provisions apply to the tax levied by Code Section 48-8-1 on mobile telecommunications services. This subsection shall not be construed to authorize the imposition of any tax, charge, or fee." SECTION 4. Said title is further amended by revising Code Section 48-8-30, relating to imposition, rates, and collection of 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 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 percent of the gross sale or gross sales price, or the amount of taxes collected by him from his 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 purchase 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 purchase 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. It shall be prima-facie evidence that such property is to be used, consumed, FRIDAY, MARCH 26, 2010 2001 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 percent of such gross sales price 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 sales price. 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 percent of the gross lease or rental proceeds sales price, or the amount of taxes collected by him from persons to whom he 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 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 sales price paid to the person who leased or rented the property, subject to the credit authorized for like taxes previously paid in another state. 2002 JOURNAL OF THE HOUSE (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 sales price 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 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 percent of the gross proceeds sales price 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 sales price 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 percent of the gross charge or charges sales price made for furnishing the service, or the amount of taxes collected by him 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 FRIDAY, MARCH 26, 2010 2003 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. (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 sales price 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)(1) The retail sale, excluding lease or rental, of a product shall be sourced as follows: (A) When the product is received by the purchaser at a business location of the seller, the sale is sourced to that business location; (B) When the product is not received by the purchaser at a business location of the seller, the sale is sourced to the location where receipt by the purchaser, or the purchaser's donee, designated as such by the purchaser, occurs, including the location indicated by instructions for delivery to the purchaser or donee, known to the seller; (C) When subparagraph (A) or (B) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser that is available 2004 JOURNAL OF THE HOUSE from the business records of the seller that are maintained in the ordinary course of the seller's business when use of this address does not constitute bad faith; (D) When subparagraph (A), (B), or (C) of this paragraph does not apply, the sale is sourced to the location indicated by an address for the purchaser obtained during the consummation of the sale, including the address of a purchaser's payment instrument, if no other address is available, when use of this address does not constitute bad faith; (E) When subparagraph (A), (B), (C), or (D) of this paragraph does not apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location will be determined by the address from which tangible personal property was shipped, from which the digital good or the computer software delivered electronically was first available for transmission by the seller, or from which the service was provided, disregarding for these purposes any location that merely provided the digital transfer of the product sold. (2) The lease or rental of tangible personal property, other than property identified in paragraph (3) or (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, the first periodic payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. Periodic payments made subsequent to the first payment are sourced to the primary property location for each period covered by the payment. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. The property location shall not be altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls. (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. (C) This subsection does not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (3) The lease or rental of motor vehicles, trailers, semitrailers, or aircraft that do not qualify as transportation equipment, as defined in paragraph (4) of this subsection, shall be sourced as follows: (A) For a lease or rental that requires recurring periodic payments, each periodic payment is sourced to the primary property location. The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith. This location shall not be altered by intermittent use at different locations. FRIDAY, MARCH 26, 2010 2005 (B) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection. (C) This subsection shall not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease. (4) The retail sale, including lease or rental, of transportation equipment shall be sourced the same as a retail sale in accordance with the provisions of paragraph (1) of this subsection, notwithstanding the exclusion of lease or rental in paragraph (1) of this subsection. As used in this paragraph, 'transportation equipment' means any of the following: (A) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce. (B) Trucks and truck-tractors with a Gross Vehicle Weight Rating of 10,001 pounds or greater, trailers, semitrailers, or passenger buses that are: (i) Registered through the International Registration Plan; and (ii) Operated under authority of a carrier authorized and certificated by the U.S. Department of Transportation or another federal authority to engage in the carriage of persons or property in interstate commerce. (C) Aircraft that are operated by air carriers authorized and certificated by the U.S. Department of Transportation or another federal or a foreign authority to engage in the carriage of persons or property in interstate or foreign commerce. (D) Containers designed for use on and component parts attached or secured on the items set forth in subparagraphs (A) or (B) of this paragraph. (m) For the purposes of paragraph (1) of subsection (l) of this Code section, the terms 'receive' and 'receipt' mean: (1) Taking possession of tangible personal property; (2) Making first use of services; or (3) Taking possession or making first use of digital goods, whichever comes first. The terms 'receive' and 'receipt' shall not include possession by a shipping company on behalf of the purchaser. (n)(1) Notwithstanding subsection (l) of this Code section, the following provisions shall apply to sales of 'advertising and promotional direct mail': (A) A purchaser of 'advertising and promotional direct mail' may provide the seller with either: (i) A direct pay permit; (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; or (iii) Information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients; (B) If the purchaser provides the permit, certificate, or statement referred to in division (i) or (ii) of subparagraph (A) of this paragraph, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay, or remit any tax on any 2006 JOURNAL OF THE HOUSE transaction involving 'advertising and promotional direct mail' to which the permit, certificate, or statement applies. The purchaser shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to the recipients and shall report and pay any applicable tax due; (C) If the purchaser provides the seller information showing the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered to recipients, the seller shall source the sale to the jurisdictions to which the 'advertising and promotional direct mail' is to be delivered and shall collect and remit the applicable tax. In the absence of bad faith, the seller is relieved of any further obligation to collect any additional tax on the sale of 'advertising and promotional direct mail' where the seller has sourced the sale according to the delivery information provided by the purchaser; and (D) If the purchaser does not provide the seller with any of the items listed in subparagraph (A) of this paragraph, the sale shall be sourced according to Section 310.A.5 of the Streamlined Sales and Use Tax Agreement. The state to which the 'advertising and promotional direct mail' is delivered may disallow credit for tax paid on sales sourced under this paragraph. (2) Notwithstanding subsection (l) of this Code section, the following provisions shall apply to sales of 'other direct mail': (A) Except as otherwise provided in this paragraph, sales of 'other direct mail' are sourced in accordance with subparagraph (l)(1)(A) of this Code section; (B) A purchaser of 'other direct mail' may provide the seller with either: (i) A direct pay permit; or (ii) An agreement certificate of exemption claiming 'direct mail' or other written statement approved, authorized, or accepted by the state; and (C) If the purchaser provides the permit, certificate, or statement referred to in paragraph (1) or (2) of this subsection, the seller, in the absence of bad faith, is relieved of all obligations to collect, pay or remit any tax on any transaction involving 'other direct mail' to which the permit, certificate, or statement apply. Notwithstanding paragraph (l) of this subsection, the sale shall be sourced to the jurisdictions to which the 'other direct mail' is to be delivered to the recipients and the purchaser shall report and pay applicable tax due. (3) For purposes of this subsection, the term: (A) 'Advertising and promotional direct mail' means: (i) Printed material that meets the definition of 'direct mail,' under Code Section 48-8-2; (ii) The primary purpose of which is to attract public attention to a product, person, business, or organization, or to attempt to sell, popularize, or secure financial support for a product, person, business, or organization. As used in this division, the term 'product' means tangible personal property, a product transferred electronically or a service. FRIDAY, MARCH 26, 2010 2007 (B) 'Other direct mail' means any direct mail that is not 'advertising and promotional direct mail' regardless of whether 'advertising and promotional direct mail' is included in the same mailing. The term includes, but is not limited to: (i) Transactional direct mail that contains personal information specific to the addressee including, but not limited to, invoices, bills, statements of account, and payroll advices; (ii) Any legally required mailings including, but not limited to, privacy notices, tax reports, and stockholder reports; and (iii) Other nonpromotional direct mail delivered to existing or former shareholders, customers, employees, or agents including, but not limited to, newsletters and informational messages. Other direct mail does not include the development of billing information or the provision of any data processing service that is more than incidental. (4)(A)(i) This paragraph shall apply to a transaction characterized under this chapter as the sale of services only if the service is an integral part of the production and distribution of printed material that meets the definition of 'direct mail.' (ii) This paragraph shall not apply to any transaction that includes the development of billing information or the provision of any data processing service that is more than incidental regardless of whether 'advertising and promotional direct mail' is included in the same mailing. (B) If a transaction is a 'bundled transaction' that includes 'advertising and promotion direct mail,' this subsection shall apply only if the primary purpose of the transaction is the sale of products or services that meet the definition of 'advertising and promotional direct mail.' (C) Nothing in this paragraph shall limit any purchaser's: (i) Obligation for sales or use tax to any state to which the direct mail is delivered, (ii) Right under local, state, federal, or constitutional law, to a credit for sales or use taxes legally due and paid to other jurisdictions; or (iii) Right to a refund of sales or use taxes overpaid to any jurisdiction. (D) This subsection applies for purposes of uniformly sourcing 'direct mail' transactions and does not otherwise impose requirements regarding the taxation of products that meet the definition of 'direct mail' or to the application of sales for resale or other exemptions. (o)(1) Except for the defined telecommunication services in paragraph (3) of this subsection, the sale of telecommunication service sold on a call-by-call basis shall be sourced to: (A) Each level of taxing jurisdiction where the call originates and terminates in that jurisdiction; or (B) Each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located. 2008 JOURNAL OF THE HOUSE (2) Except for the defined telecommunication services in paragraph (3) of this subsection, a sale of telecommunications services sold on a basis other than a call-bycall basis, is sourced to the customer's place of primary use. (3) A sale of prepaid calling service or a sale of a prepaid wireless calling service is sourced in accordance with subsection (l) of this Code section; provided, however, that in the case of a sale of prepaid wireless calling service, the rule provided in subparagraph (l)(1)(E) of this Code Section shall include as an option the location associated with the mobile telephone number. (4) The sale of an ancillary service is sourced to the customer's place of primary use." SECTION 5. Said title is further amended by revising Code Section 48-8-31, relating to designation of price brackets, as follows: "48-8-31. Except as otherwise provided in Code Section 48-8-30, the commissioner may prepare suitable brackets of prices for the collection of the tax imposed by this article. The use of tokens is prohibited Tax computation must be carried to the third decimal place, and the tax must be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four." SECTION 6. Said title is further amended by revising Code Section 48-8-32, relating to tax collection from dealers, as follows: "48-8-32. The tax at the rate of 4 percent of the retail sales price at the time of sale or 4 percent of the cost purchase 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 7. Said title is further amended by revising Code Section 48-8-38, relating to taxability burden of proof, as follows: "48-8-38. (a) All gross sales of a retailer are subject to the tax imposed by this article until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate stating that the property is purchased for resale or is otherwise exempt. (b) The certificate relieves the seller from the burden of proof as provided in subsection (a) of this Code section only if taken in good faith if the seller acquires from a person who: the purchaser a properly completed certificate. (1) Is engaged in the business of selling tangible personal property; FRIDAY, MARCH 26, 2010 2009 (2) Holds the permit provided for in this article; and (3) At the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose. (c) The certificate stating that the property is purchased for resale shall: include such information as is determined by the commissioner and is signed by the purchaser if it is a paper exemption certificate. (1) Be signed by and bear the name and address of the purchaser; (2) Indicate the number of the permit issued to the purchaser; and (3) Indicate the general character of the tangible personal property sold by the purchaser in the regular course of business." SECTION 8. Said title is further amended by revising Code Section 48-8-39, relating to property retention, demonstration, or display, as follows: "48-8-39. (a) If a purchaser who gives a certificate stating that property is purchased for resale makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him and the cost purchase price of the property to him shall be deemed the gross receipts from the retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale or the transportation of persons for hire while holding the property for sale, the purchaser may elect to include in his gross receipts either the amount of the rental charged or the total amount of the charges made by him for the transportation rather than the cost of the property to him. (b)(1)(A) If a person who engages in the business of processing, manufacturing, or converting industrial materials into articles of tangible personal property for sale, whether as custom-made or stock items, makes any use of the article of tangible personal property other than retaining, demonstrating, or displaying it for sale, the use shall be deemed a retail sale as of the time the article is first used by such person and its fair market value at the time shall be deemed the sales price of the article, except as otherwise provided in subparagraph (B) of this paragraph. (B)(i) As used in this subparagraph, the term 'total raw material cost' means the manufactured cost of carpet samples; supplies used in the manufacturing of carpet samples such as binding, grommets, and similar items; carpet sample display devices such as racks, binders, and similar items; and inbound freight charges. Such term does not mean or include labor or overhead for assembling or producing samples from finished carpet and does not mean or include outbound freight charges which may be charged to the expense account for carpet samples. (ii) For purposes of subparagraph (A) of this paragraph, the fair market value of any carpet sample shall be equal to 21.9 percent of the total raw material cost of 2010 JOURNAL OF THE HOUSE the sample, except that the fair market value of a sample of carpet that is manufactured exclusively for commercial use shall be equal to 1 percent of the total raw material cost of the sample. (2) If the sole use of the article other than retaining, demonstrating, or displaying it for sale is the rental of the article while holding it for sale, the processor, manufacturer, or converter may elect to treat the amount of the rental charged rather than the fair market value of the article as its sales price." SECTION 9. Said title is further amended by revising Code Section 48-8-45, relating to reporting of sales and accounting methods, as follows: "48-8-45. (a) Any person taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. (d) 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 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 on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction for private label credit card bad debts on a return filed by a member of an affiliated group as defined under 26 U.S.C. Section 1504." SECTION 10. Said title is further amended by revising Code Section 48-8-49, relating to dealer returns and estimated tax liability, as follows: "48-8-49. (a) Each dealer, on or before the twentieth day of each month, shall transmit returns to the commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this article during the preceding calendar month. The commissioner may provide by regulation for quarterly or annual returns or, upon application, may permit a dealer to file a return on a quarterly or annual basis if deemed FRIDAY, MARCH 26, 2010 2011 advisable by the commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the commissioner. (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 in the preceding calendar year was greater than $30,000.00 excluding local sales taxes, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $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. (c) Gross proceeds from rentals or leases of tangible personal property shall be reported and the tax shall be paid with respect to the gross proceeds in accordance with the rules and regulations prescribed by the commissioner. (d)(1) The commissioner, in his discretion, may grant extensions, upon written application, to the end of the calendar month in which any tax return is due under this Code section. (2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing and only for a period of not more than 12 consecutive months. (3) Upon the grant of any extension authorized by this subsection, the taxpayer shall remit to the commissioner on or before the date the tax would otherwise become due without the grant of the extension an amount which, when added to the amount previously remitted for the period pursuant to subsection (b) of this Code section, equals not less than 100 percent of the dealer's payment for the corresponding period of the preceding tax year. (4) No interest or penalty shall be charged, assessed, or collected by reason of the granting of an extension pursuant to this subsection. (5) This subsection shall apply to all extensions granted pursuant to this subsection on or after July 1, 1980, and to all extensions granted pursuant to this subsection and in effect on July 1, 1980." SECTION 11. Said title is further amended by revising Code Section 48-8-50, relating to dealer compensation, as follows: 2012 JOURNAL OF THE HOUSE "48-8-50. (a) As used in this Code section, the term 'affiliated entity' means with respect to any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, any other corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity related thereto: (1) As a parent, subsidiary, sister, or daughter corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity; (2) By control of one corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity by the other; or (3) By any other common ownership or control. (b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return: (1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.2) of Code Section 48-8-2, shall be at the rate of one-half of 1 percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made. (c) The department shall compile and maintain a master registry of the certificate of registration numbers filed on such returns with respect to all the affiliated business entities and multiple locations of each dealer and shall assign a master number to each FRIDAY, MARCH 26, 2010 2013 dealer. Each dealer required to file a return under this article shall also include such dealer's master number on such return if such number has been assigned by the department under this subsection. (d) With respect to a dealer which consists of only a single sales location or which consists of a group of fewer than four sales locations or affiliated entities, or any combination thereof, claiming such deduction, a separate return shall be filed for each sales location and affiliated entity for each reporting period. With respect to a dealer which consists of a group of four or more sales locations or affiliated entities, or any combination thereof, claiming such deduction, a single, consolidated return shall be filed for such entire group. A consolidated return under this subsection shall be used for the purpose of identifying the sales locations or affiliated entities of a dealer and such consolidated return shall identify separately the reporting and paying of the tax due under this article for each sales location or affiliated entity of such dealer. The deduction requirements of subsection (b) of this Code section shall apply separately to each certificate of registration number on such return. (e) No deduction shall be allowed under this Code section unless all of the requirements of subsections (b), (c), and (d) of this Code section have been satisfied. (f) The deduction authorized under this Code section shall be combined with and calculated with the deductions authorized under Code Section 48-8-87, Code Section 48-8-104, Code Section 48-8-113, Code Section 48-8-204, Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' and any other sales tax, use tax, or sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, by applying the deduction rate specified in this Code section against the combined total of all such taxes reported due on the same return. (g) The reimbursement deduction authorized under 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,' shall be at the rate and subject to the requirements specified under subsections (b) through (f) of this Code section. (h) Each certified service provider as defined in Code Section 48-8-161 shall receive the amount provided in the contract between the certified service provider and the Streamlined Sales Tax Governing Board." SECTION 12. Said title is further amended by revising Code Section 48-8-52, relating to dealers' duty to keep records, examination, assessment, and collection, as follows: "48-8-52. (a)(1) Each dealer required to make a return and pay any tax under this article shall keep and preserve: (A) Suitable records of the sales and purchases taxable under this article; (B) Other books of account which are necessary to determine the amount of tax due; (C) Other information as required by the commissioner; and 2014 JOURNAL OF THE HOUSE (D) For a period of three years, all invoices and other records of goods, wares, merchandise, and other subjects of taxation under this article. (2) All books, invoices, and other records required to be kept by this subsection shall be open to examination at all reasonable hours by the commissioner or any of his duly authorized agents. (b) In the event the dealer has imported tangible personal property and fails to produce an invoice showing the cost purchase price of each article subject to tax or if the invoice does not reflect the true or actual cost purchase price, the commissioner shall ascertain in any manner feasible the true cost purchase price and shall assess and collect the tax with interest and penalties as accrued on the true cost purchase price as assessed by the commissioner. The assessment so made shall be considered prima facie correct and the burden to show the contrary shall rest upon the dealer. (c) In the case of the lease or rental of tangible personal property when the consideration reported by the dealer does not, in the judgment of the commissioner, represent the true or actual consideration, the commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Code Section 48-8-51, with interest and penalties as accrued." SECTION 13. Said title is further amended by revising Code Section 48-8-58, relating to return allowances, as follows: "48-8-58. (a)(1) As used in this subsection, the term 'return allowance' means the amount of the sales price or cost purchase price refunded by the dealer to the purchaser in cash or credit. No credit shall be allowed to the dealer under this subsection for taxes collected by such dealer from the purchaser unless the taxes collected have been returned by the dealer to the purchaser. (2) When property sold is subsequently returned by agreement to the dealer by the purchaser, the dealer shall be entitled to credit for the tax imposed by this article with respect to the return allowance, in the manner prescribed by the commissioner, as follows: (A) The dealer in the original return for the taxable period in which the return of the property is allowed may deduct from the dealer's gross sales the amount of the return allowance; or (B) When a dealer has retired from business and has filed a final return, a claim for refund of the tax for which the dealer would be entitled to credit under this subsection may be filed within the time and in the manner prescribed under Code Section 48-2-35. (b) The commissioner shall make available to dealers all necessary forms for filing returns and instructions to ensure a full collection from dealers and an accounting for the taxes due. Failure of any dealer to secure the commissioner's forms shall not relieve the dealer from the payment of the tax at the time and in the manner provided in this article. FRIDAY, MARCH 26, 2010 2015 (c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section." SECTION 14. Said title is further amended by revising Code Section 48-8-59, relating to dealer certificates of registration, as follows: "48-8-59. (a)(1) Every person desiring to engage in or conduct business as a seller or dealer in this state shall file with the commissioner an application for a certificate of registration for each place of business. (2) Each person whose business extends into more than one county shall be required to secure only one certificate of registration under this article. The certificate of registration shall cover all operations of the company throughout this state. (b) Every application for a certificate of registration shall be made upon a form prescribed by the commissioner and shall contain the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the commissioner may require. The Except for sellers or dealers who register with the Streamlined Sales Tax Governing board, the application shall be signed: (1) If the owner is an individual, by the individual; (2) In the case of an association or partnership, by a member or partner; or (3) In the case of a corporation, by an executive officer or some other person specifically authorized by the corporation to sign the application. Written evidence of this authority to sign shall be attached to the application. (c) When the required application has been made, the commissioner shall issue to the applicant a separate certificate of registration for each place of business within the state. A certificate of registration is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated in the certificate. The certificate shall be conspicuously displayed at all times at the place for which the certificate is issued. (d) A seller whose certificate of registration has been previously suspended or revoked shall pay the commissioner a fee of $1.00 for the renewal or issuance of a certificate of registration." SECTION 15. Said title is further amended by adding new Code sections to read as follows: "48-8-68. If the sales tax rate changes with less than 30 days between the enactment of the rate change and the effective date of such rate change, sellers shall be relieved of liability for failing to collect tax at the new rate if: (1) The seller collected tax at the immediately preceding effective rate; and (2) The seller's failure to collect at the newly effective rate does not extend beyond 30 days after the date of enactment of the new rate. 2016 JOURNAL OF THE HOUSE The provisions of this Code section do not apply if the commissioner establishes that the seller fraudulently failed to collect at the new rate or solicits purchasers based on the immediately preceding effective rate. 48-8-69. (a) Any local sales tax rate changes made pursuant to this chapter shall apply to purchases from printed catalogs wherein the purchaser computed the tax based upon local tax rates published in the catalog only on the first day of a calendar quarter after a minimum of 120 days' notice to sellers. (b) For sales and use tax purposes only, local jurisdiction boundary changes are effective only on the first day of a calendar quarter after a minimum of 60 days' notice to sellers. 48-8-70. If a nine-digit zip code designation is not available for a street address or if a seller or certified service provider is unable to determine the nine-digit zip code designation applicable to a purchase after exercising due diligence to determine the designation, the seller or certified service provider may apply the rate for the five-digit zip code area. For the purposes of this Code section, there is a rebuttable presumption that a seller or certified service provider has exercised due diligence if the seller has attempted to determine the nine digit zip code designation by utilizing software approved by the Streamlined Sales Tax Governing Board that makes this designation from the street address and the five-digit zip code applicable to a purchase. 48-8-71. Sellers and certified service providers shall not be liable for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified service provider relying on erroneous data provided by this state on state and local tax rates, local boundaries, and taxing jurisdiction assignments. 48-8-72. (a) A cause of action against a seller for over-collected sales or use taxes does not accrue until a purchaser has provided written notice to the seller and the seller has had 60 days to respond. Such notice to the seller must contain the information necessary to determine the validity of the request. (b) In connection with a purchaser's request from a seller of over-collected sales or use taxes, a seller shall be presumed to have a reasonable business practice, if in the collection of such sales or use taxes, the seller: (1) Uses either a provider or a system, including a proprietary system, that is certified by the state; and (2) Has remitted to the state all taxes collected less any deductions, credits, or collection allowances. FRIDAY, MARCH 26, 2010 2017 48-8-73. A seller and certified service provider are relieved of liability for having charged and collected the incorrect amount of sales or use tax resulting from the seller or certified service provider relying on erroneous data provided by this state in the taxability matrix. 48-8-74. The effective date for a sales tax rate change for services covering a period starting before and ending after the statutory effective date shall be as follows: (1) For a rate increase, the new rate shall apply to the first billing period starting on or after the effective date; and (2) For a rate decrease, the new rate shall apply to bills rendered on or after the effective date. 48-8-75. (a) A purchaser shall be relieved from liability for penalty for having failed to pay the correct amount of sales or use tax if: (1) A purchaser's seller or certified service provider relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (2) A purchaser holding a direct pay permit relied on erroneous data provided by this state on tax rates, boundaries, taxing jurisdiction assignments, or in the taxability matrix completed by this state; (3) A purchaser relied on erroneous data provided by this state in the taxability matrix completed by this state; or (4) A purchaser using databases provided by this state relied on erroneous data provided by this state on tax rates, boundaries, or taxing jurisdiction assignments. (b) A purchaser shall be relieved from liability for tax and interest for having failed to pay the correct amount of sales or use tax in the circumstances described subsection (a) of this Code section provided that, with respect to reliance on the taxability matrix completed by this state, such relief is limited to the state's erroneous classification in the taxability matrix of terms included in the Library of Definitions as 'taxable' or 'exempt,' 'included in sales price,' or 'excluded from sales price' or 'included in the definition' or 'excluded from the definition.' 48-8-76. (a) A seller who registers to pay or to collect and remit applicable sales or use tax on sales made to purchasers in this state in accordance with the terms of the Streamline Sales and Use Tax Agreement is relieved from the obligation to remit uncollected sales tax provided the seller was not so registered in this state in the twelve-month period preceding the effective date of this state's participation in the Streamline Sales and Use Tax Agreement. 2018 JOURNAL OF THE HOUSE (b) The relief provided in subsection (a) of this Code section precludes an assessment for uncollected or unpaid sales together with penalty or interest for sales made during the period the seller was not registered in this state, provided that the registration occurs within 12 months of the effective date of this state's participation in the Streamline Sales and Use Tax Agreement. (c) The relief provided in subsection (a) of this Code section shall not be available to a seller with respect to any matter or matters for which the seller received notice of the commencement of an audit and which audit is not yet finally resolved including any related administrative and judicial processes. (d) The relief provided in subsection (a) of this Code section shall not be available for sales or use taxes already paid or remitted to this state or to taxes collected by the seller. (e) The relief provided in subsection (a) of this Code section is fully effective, absent the seller's fraud or intentional misrepresentation of a material fact, as long as the seller continues registration and continues payment or collection and remittance of applicable sales or use taxes for a period of at least 36 months. The statute of limitations applicable to asserting a tax liability is tolled during this 36 month period. (f) The relief provided in subsection (a) of this Code section is applicable only to sales or use taxes due from a seller in its capacity as a seller and not to sales or use taxes due from a seller in its capacity as a buyer." SECTION 16. Said title is further amended by revising Code Section 48-8-82, relating to imposition of the joint county and municipal sales and use tax, as follows: "48-8-82. When the imposition of a joint county and municipal sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3." SECTION 17. Said title is further amended by revising Code Section 48-8-102, relating to imposition of the homestead option sales and use tax, as follows: "48-8-102. (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 FRIDAY, MARCH 26, 2010 2019 geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local sales and use tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. (c)(1) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the sales and use tax levied and collected under this article shall be used only for the purposes of funding capital outlay projects and of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-104 and, in the event excess funds remain following the expenditure for such purposes, such excess funds shall be expended as provided in subparagraph (c)(2)(C) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such sales and use tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such local Act shall not be subject to the provisions of Code Section 1-3-4.1. Any such homestead exemption under this article shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-103 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. 2020 JOURNAL OF THE HOUSE (e) 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." SECTION 18. Said title is further amended by revising Code Section 48-8-110.1, relating to imposition of the county special purpose local option sales tax, as follows: "48-8-110.1. (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 part 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 part, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the county special purpose local option sales tax. (c) Any tax imposed under this part shall be at the rate of 1 percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of Code Section 48-8-2 and shall be applicable to the sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3." SECTION 19. Said title is further amended by revising Code Section 48-8-161, relating to definitions regarding the Streamlined Sales and Use Tax Agreement, as follows: "48-8-161. As used in this article, the term: (1) 'Agent' means a person appointed by a seller to represent the seller before the member states. (1)(2) 'Agreement' means the Streamlined Sales and Use Tax Agreement. (2)(3) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction. (3)(4) 'Certified service provider' means an agent certified jointly by the states that are signatories to the agreement to perform all of the seller's sales tax functions. FRIDAY, MARCH 26, 2010 2021 (5) 'Model 1 seller' means a seller registered under the agreement that has selected a certified service provider as its agent to perform all the seller's sales and use tax functions, other than the seller's obligation to remit tax on its own purchases. (6) 'Model 2 seller' means a seller registered under the agreement that has selected a certified automated system to perform part of its sales and use tax functions, but retains responsibility for remitting the tax. (7) 'Model 3 seller' means seller registered under the agreement that has sales in at least five member states, has total annual sales revenue of at least five hundred million dollars, has a proprietary system that calculates the amount of tax due each jurisdiction, and has entered into a performance agreement with the member states that establishes a tax performance standard for the seller. As used in this definition, a seller includes an affiliated group of sellers using the same proprietary system. (8) 'Model 4 seller' means a seller that is not a 'Model 1 seller', a 'Model 2 seller', or a 'Model 3 seller.' (4)(9) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity. (5)(10) 'Sales tax' means the taxes levied under this chapter. (6)(11) 'Seller' means any person making sales, leases, or rentals of personal property or services. (7)(12) 'State' means any state of the United States, and the District of Columbia, and the Commonwealth of Puerto Rico. (8)(13) 'Use tax' means the taxes levied under this chapter." SECTION 20. Said title is further amended by revising Code Section 48-8-201, relating to intergovernmental contract for distribution of municipal option water and sewer projects and costs tax proceeds, as follows: "48-8-201. (a)(1) In any county in which the provisions of paragraph (2) of subsection (b) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, or a combination of such projects, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs, or any combination thereof. (2) Within ten days following the date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality 2022 JOURNAL OF THE HOUSE may enter into an intergovernmental contract as authorized by Article IX, Section III of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so that such municipality's share of the total net proceeds shall be the percentage of the total population of such municipality divided by the total population of such county. Such intergovernmental contract shall specify that the proceeds allocated to the municipality shall only be expended for water and sewer projects and costs. (3) Immediately following the entering into of the intergovernmental contract under paragraph (2) of this subsection, the governing authority of such county may select the next practicable date authorized under Code Section 21-2-540 for conducting a special election on the question of imposing such tax under Part 1 of Article 3 of this chapter. The governing authority of such county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution of the governing authority of such municipality calling for the imposition of the tax in such county. Following receipt of the resolution, the election superintendent shall issue the appropriate call for an election for the purpose of submitting the question of the imposition of the tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, the tax shall be levied and imposed as provided in this Code section and Part 1 of Article 3 of this chapter. (b) If the governing authority of the county takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the governing authority of the municipality not later than ten days following the date of delivery of such municipality's resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the county referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of funding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. 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. (c) In the event a tax imposed under this article is imposed only by the municipality: (1) 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: (A) Sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of Code Section 48-8-2; FRIDAY, MARCH 26, 2010 2023 (B) The sale of food and food ingredients and alcoholic beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) The furnishing for value to the public of any room or rooms, lodgings, or accommodations which is subject to taxation under Article 3 of Chapter 13 of this title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) of Code Section 48-13-51 and all sales and use taxes shall not exceed 14 percent." SECTION 21. Said title is further amended by revising Code Section 48-8-203, relating to imposition of the municipal option water and sewer projects and costs tax, as follows: "48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) No municipality shall impose at any time more than a single 1 percent tax under this article. 2024 JOURNAL OF THE HOUSE (2) A municipality 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 a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such 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 municipality 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 which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax." SECTION 22. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 8A 48-8A-1. (a) The sale or use of jet fuel by a qualifying airline at a qualifying airport is subject to the excise tax imposed by this Code section. (b)(1) For the period commencing July 1, 2010, and concluding on June 30, 2011, the sale or use of jet fuel by a qualifying airline at a qualifying airport shall be subject to an excise tax at the rate of 2.2 percent which shall be collected at the same time and in the same manner as sales and use tax. (2) Following the conclusion of the period specified in paragraph (1) of this subsection, the sale or use of jet fuel by a qualifying airline at a qualifying airport shall be subject to an excise tax at the rate of 4 percent which shall be collected at the same time and in the same manner as sales and use tax (c) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall also be exempt from the sales or use tax levied and imposed under Chapter 8 of this title. (d) For purposes of this Code section, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate FRIDAY, MARCH 26, 2010 2025 and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (e) For purposes of this Code section, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (f) The commissioner shall adopt rules and regulations to carry out the provisions of this Code section." SECTION 23. This Act shall become effective on July 1, 2010. SECTION 24. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Hembree Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long Y Loudermilk Y Lucas 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E 2026 JOURNAL OF THE HOUSE Y Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, M Williams, R Y Wix Y Yates Ralston, 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. Representatives Byrd of the 20th, Cox of the 102nd, Harden of the 28th, Holt of the 112th, Horne of the 71st, Loudermilk of the 14th, and May of the 111th 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 This version of HB 1221 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 1221. /s/ Bobby Franklin Representative, District 43 HB 1407. By Representatives Rogers of the 26th, Channell of the 116th and Cooper of the 41st: A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: FRIDAY, MARCH 26, 2010 2027 A BILL To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide for a single administrator for dental services for Medicaid recipients and PeachCare for Kids participants; to require the Department of Community Health to competitively bid out and contract with such single administrator; to provide for requirements for the single administrator; to provide for applicability; to provide for an amendment to the state plan if necessary; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended by adding a new Code section to read as follows: "49-4-158. (a) Upon expiration, or termination prior to expiration, of the current term of a contract with a care management organization which covers dental services for recipients of medical assistance pursuant to this article and for participants in the PeachCare for Kids program pursuant to Article 13 of Chapter 5 of this title, the department shall enter into a contract with a single administrator to provide dental services for such recipients and participants. Such single administrator shall be selected through a competitive bidding process pursuant to Article 3 of Chapter 5 of Title 50. The single administrator shall be prohibited from outsourcing, subcontracting, or assigning any rights or obligations under its contract with the department. The single administrator shall be required to obtain a certificate of authority from the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of Title 33. The single administrator shall be compensated for dental services on a prepaid, capitated basis for recipients of medical assistance and PeachCare for Kids participants. The single administrator shall establish a dental provider fee schedule which is at least 85 percent of the maximum allowable payments for dental services as published by the department in Appendix B of the Policies and Procedures for Dental Services on January 1, 2010, and subject to annual review and adjustment by the department. (b) A single administrator for dental services shall be in place and shall contract with willing dental providers upon the expiration, or termination prior to expiration, of the current term of all contracts with care management organizations which cover dental services for recipients of medical assistance pursuant to this article and for participants in the PeachCare for Kids program pursuant to Article 13 of Chapter 5 of this title. At such time, all dental services for such recipients shall be provided through a single administrator. (c) The single administrator shall comply with and be subject to the provisions of subsection (e) of Code Section 49-4-153 in the same manner as a care management 2028 JOURNAL OF THE HOUSE organization subject to such subsection. The single administrator shall be subject to and shall comply with the provisions of Code Section 33-21A-8 in the same manner as for care management organizations. (d) The department shall submit any necessary modifications, if applicable, to the state plan for medical assistance filed pursuant to Code Section 49-4-12 in order to fulfill the requirements of this Code section." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E 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 E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long Y Loudermilk Y 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 Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker FRIDAY, MARCH 26, 2010 2029 On the passage of the Bill, by substitute, the ayes were 157, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representatives Cooper of the 41st and Williams of the 165th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. The Speaker assumed the Chair. HR 1513. By Representatives Hudson of the 124th, Channell of the 116th and Kidd of the 141st: A RESOLUTION honoring Dr. George Franklin Green and the Little Family and dedicating a bridge in their 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, George Franklin Green was born on September 27, 1924, in Bostwick, Georgia, the eldest son of Rice Burkitt Green, Jr., and Rubye Riden Green; and WHEREAS, he married the former Helen Montine Maxwell of Lexington, Georgia, on June 4, 1944, and from this marriage were born three children: George Franklin Green, Jr., of Sparta, Georgia, Helen "Sistie" Claudia Green Hudson, also of Sparta, Georgia, and Wallace Maxwell Green of Peachtree City, Georgia; and WHEREAS, George Green graduated from Bostwick High School in 1941 and North Georgia College in 1947 and he went on to graduate from the Medical College of Georgia in 1951; and WHEREAS, in between times during his college career, he pulled two hitches in the Army, one from 1943-1946 as an infantry captain in the Pacific Theatre, and he reenlisted in 1951 during the Korean conflict and served until 1953 in the medical corps at Ft. Rucker, Alabama, and Ft. Sam Houston in San Antonio, Texas, also completing his internship at this time; and 2030 JOURNAL OF THE HOUSE WHEREAS, in 1953, a classmate, Dr. David Tanner, brought him to Sparta, Georgia, to join his practice, and Dr. Green practiced medicine in Sparta and Eatonton continuously until he suffered a stroke in 1991; and WHEREAS, not only was Dr. Green busy in his practice but he was also busy in civic affairs and the political arena, and, among his many accomplishments, he was a Charter Fellow of the American Academy of Family Physicians, lifetime member of the American, Southern, and Georgia Medical Associations, Chief of Staff of Hancock Memorial and Putnam General Hospitals, Deacon of the Sparta Baptist Church, a Mason, Shriner, Director of the Boy Scouts of America Council, President of the Hancock Redevelopment Corporation, Director of the Bank of Hancock County, Chairman of the Putnam and Hancock County Boards of Health, Member of the Georgia State Board of Nursing Home Administrators, Chairman of the Hancock Hospital Corporation, Alderman and later Mayor of the City of Sparta, Hancock County Commissioner, and member of the Georgia House of Representatives from 1987-1991; and WHEREAS, Dr. Green's practice and his love of Hancock County, Georgia, remain legendary to this day and he was well-known for his "bedside manner," his "goodlistening ear," and his genuine respect for his patients; and WHEREAS, he particularly loved bringing new life into the world and as best as can be determined, he delivered 14,000 babies during his almost 40 year practice; and WHEREAS, in 1860, Kitchen Little of Putnam County owned almost 4,000 acres of land bordering the Oconee River in the Rockville District; and WHEREAS, he farmed the land and raised a family of 11 children; and WHEREAS, another member of the family, Milt Little started operating a ferry after General Sherman tore down the only bridge in the area and he operated the ferry boat himself and charged passengers a toll; and WHEREAS, the ferry was very popular because it was the straightest route between Atlanta and Augusta; and WHEREAS, in 1925, the state took over the ferry and operated it until a new bridge was built in the late 1940's; and WHEREAS, when the bridge was finished "Little's Ferry" ceased to operate after a run of 85 years; and WHEREAS, it is only fitting and proper that Dr. George Franklin Green and the Little Family be memorialized by dedicating a bridge in their memory. FRIDAY, MARCH 26, 2010 2031 PART II WHEREAS, Millard Fuller was born on January 3, 1935, in the small cotton mill town of Lanett, Alabama, and graduated from Auburn University and the University of Alabama School of Law; and WHEREAS, he became a self-made millionaire by the age of 29 and could have lived out the rest of his life in comfort, but instead he and his wife sold all of their possessions, donated the proceeds to the poor, and began searching for a new purpose for their lives; and WHEREAS, he and his wife established Habitat for Humanity in Americus, Georgia, in 1976; and WHEREAS, Habitat for Humanity has constructed more than 300,000 homes for 1,500,000 people and has a presence in all 50 States, the District of Columbia, Guam, Puerto Rico, and more than 90 countries around the world; and WHEREAS, in 2005, Millard Fuller established The Fuller Center for Housing, which provides support and guidance to local organizations to repair and build homes for impoverished individuals; and WHEREAS, he committed his life to philanthropy and service to others while raising global concern for homelessness and poverty; and WHEREAS, Millard Fuller was awarded the Presidential Medal of Freedom, the nation's highest civilian honor, by President Clinton in 1996; and WHEREAS, Millard Fuller passed away on February 3, 2009, leaving behind a loving wife, a proud family, and a legacy that will extend far beyond his life, and it is only fitting and proper that a lasting memorial to this life well lived be established. PART III WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, Mr. Dual Broadrick graduated from Dalton High School in 1936 and enlisted in the military on January 19, 1941; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Air Corps during World War II, bravely and valiantly defending democracy as a ball turret gunner on a B-17 Flying Fortress; and 2032 JOURNAL OF THE HOUSE WHEREAS, in July, 1944, he was assigned to the 390th Bomb Group, Eighth Air Force stationed in England, and on November 30th of that year, on a mission to bomb Merseburg, Germany, Mr. Broadrick's plane was shot down, forcing him to parachute into enemy territory; and WHEREAS, he was taken as a prisoner of war and after several moves to different camps, he was placed in the permanent POW camp at Staffelstein, which was liberated five months after his capture on April 29, 1945; and WHEREAS, respected and admired by the people of Whitfield County, Mr. Broadrick was elected to serve as Clerk of the Superior Court of Whitfield County in 1964; and WHEREAS, for 20 years, Mr. Broadrick served as an honest and dedicated public servant who strove for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and WHEREAS, he was known as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and WHEREAS, upon his retirement from public service, Mr. Broadrick became a gentleman farmer, enjoying the company of his family and friends until his passing on August 20, 2008, at the age of 92; and WHEREAS, Mr. Broadrick's life story of strength, courage, service, and perseverance serves as an inspiration to all Georgians and is worthy of recognition. PART IV WHEREAS, Harry E. Chesser courageously answered his country's call to defend freedom by serving as a door gunner on a search and rescue helicopter as a member of the United States Army in Vietnam from September 23, 1969, until August 15, 1970; and WHEREAS, he was killed in action on August 15, 1970, in Quang Ngai Province, South Vietnam; and WHEREAS, his selfless sacrifice for the sake of our freedom halfway around the world represents what is the best about Americans and America; and WHEREAS, the State of Georgia and Brantley County owe a debt of gratitude to this native son for the sacrifice of his young life at 21 years of age; and FRIDAY, MARCH 26, 2010 2033 WHEREAS, it is only fitting and proper that the ultimate sacrifice of this brave warrior be honored by dedicating a lasting memorial in his memory. PART V WHEREAS, on February 24, 2005, the State of Georgia lost one of its finest and most outstanding citizens with the passing of Deputy Sheriff Blake Gammill of Douglas County as a result of wounds that he received while attempting to serve a warrant; and WHEREAS, Blake Gammill upheld the highest standards of professional excellence in law enforcement in all that he did; and WHEREAS, this exceptional individual exhibited outstanding leadership, patriotism, courage, and dedication in his service to the citizens of Douglas County and this state; and WHEREAS, he was honored in 2002 by receiving the Douglas County Sheriff's Department's Medal of Valor for heroism in the line of duty for rescuing a citizen from a burning vehicle following a traffic accident; and WHEREAS, his unparalleled leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his acute sensitivity to the needs of the citizens of his county and state earned him the respect and admiration of his colleagues and associates, and it is only proper and fitting to honor his sacrifice with a lasting memorial. PART VI WHEREAS, during his lifetime, Alpha Fowler, Jr., served the citizens of Douglasville and Douglas County in many ways; and WHEREAS, his dedicated service extended from the battlegrounds of Europe in World War II to the halls of the State Capitol in Atlanta to the local business community and various organizations and institutions; and WHEREAS, he was a bomber pilot who received the Distinguished Flying Cross during World War II; and WHEREAS, he represented Douglas County in the Georgia General Assembly from 1950 through 1964 when he won a post on the Public Service Commission where he served until 1970; and WHEREAS, he served as the head of the Georgia National Guard and started the Georgia Air National Guard, rising to the rank of brigadier general; and 2034 JOURNAL OF THE HOUSE WHEREAS, he was the owner of the first movie theater in Douglas County which was located on the site of the present Douglasville City Hall; and WHEREAS, he founded Douglas County Federal, started and operated Fowler Egg Farm, and was involved in many local boards and commissions; and WHEREAS, he was instrumental in obtaining funding for the construction of the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County, and it is only proper and fitting to honor his service with a lasting memorial. PART VII WHEREAS, on November 15, 1903, Harry Garrett Fulcher, nicknamed "T" by his family, was born in McBean, Georgia, to Benjamin Gilbert Fulcher and Maryam Meyer Fulcher; and WHEREAS, "T" worked as a kiln operator at the Babcock & Wilcox Plant for 30 years where his wife, Ostelle, also worked as a secretary. They married in 1935 and were blessed with two children, Susan and Garrett; and WHEREAS, in 1946, at Miller's Pond, "T" and Ostelle opened T's Restaurant in McBean; and WHEREAS, "T" possessed a unique combination of love for people and of fishing, and this was a perfect recipe for an outstanding seafood restaurant. "T" and Ostelle's devotion to this restaurant created a loyal following, and in 1952, they built T's Seafood Restaurant at its present location; and WHEREAS, "T" and Ostelle passed away in 1983, but the Fulcher family has been proud to carry on the family tradition of great food and Southern hospitality for over 57 years; and WHEREAS, it is only fitting and proper to dedicate a bridge in honor of "T" Fulcher and his outstanding contributions to the quality of life in Richmond County, Georgia. PART VIII WHEREAS, Charles Thomas Edwards, son of Colonel C.H. and Nancy Edwards was born July 31, 1893. He married Miss Myra Bulgin in 1918, and they had three daughters: Mrs. Frank Burrell, Mrs. Walker Brock, and Mrs. Paul Kendricks. Mr. Edwards was called to his reward February 18, 1974; and WHEREAS, Mr. Edwards received his education at Young Harris College and Emory University. After teaching several years in the public schools of Georgia, he resigned to FRIDAY, MARCH 26, 2010 2035 take a job with the State Highway Department. He was an educated, efficient, and dependable worker; and WHEREAS, Charles Edwards was exceptionally active in civic and church affairs. He was superintendent of Jasper County Schools, Mayor of Monticello, and a State Highway Engineer and represented Jasper County in the Georgia Senate. He was a past Master of Jasper Lodge Number 50 of Free and Accepted Masons, Monticello, Georgia; and WHEREAS, a Methodist with fervor, he gave freely of his time, talents, gifts, and prayers. He served as Sunday school superintendent, member of the official board, church treasurer, and trustee, and he represented his church at district and annual conferences and taught a Sunday school class over a period of 60 years; and WHEREAS, he is the author of three books: Tales of the Blue Ridge, A Blue Ridge Mountain Boy, and God Is Good. The first two books stem from events in his own life and in the lives of his Blue Ridge neighbors. The last book is an expression of his own belief in God. In these, he left a heritage of folklore and faith to his family and to lovers of Georgia traditions; and WHEREAS, those who had the rich privilege of knowing him will remember him as a man of great faith, wholesome humor, and warm friendliness. They will remember him as a man quick to champion the right and to make clear his disapproval of the wrong. His solid integrity was eloquent and his presence a moral strength in any group. WHEREAS, it is only proper to honor the memory of this life well-lived with a lasting memorial. PART IX WHEREAS, the Honorable Hugh D. Sosebee was born in Forsyth County, Georgia, on October 9, 1916; and WHEREAS, he earned his Bachelor of Arts degree from the University of Georgia and his Juris Doctorate degree from the Walter F George School of Law at Mercer University; and WHEREAS, he has served Monroe County and the Flint Judicial Circuit for the past 56 years, being elected and serving as the Solicitor General of the Flint Judicial Circuit from 1954-1963, as the sole Judge of the Superior Court, Flint Judicial Circuit, from 19641978, and serving as a Senior Judge from 1978 to the present; and WHEREAS, the Honorable Hugh D. Sosebee has had a profound effect on Monroe County by envisioning and helping to build the first and present hospital in Monroe County as a member of the Hospital Board, by serving as a charter member of the 2036 JOURNAL OF THE HOUSE Monroe County Chamber of Commerce, and by serving as the County Attorney and the City Attorney of Forsyth, Georgia; and WHEREAS, he served as the longest serving member of the State Bar of Georgia Board of Governors, as a Justice of the Supreme Court of Georgia during disqualifications, and as a charter member of the Georgia Code Revision Committee; and WHEREAS, the Honorable Hugh D. Sosebee has devoted his life to his family, community, State, and God; and his tireless work, personal honesty and integrity, and dedication to the courts has inspired confidence in the judicial system as a whole. PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the veterans of Peach County, Georgia, which include members of the Army, Navy, Air Force, Marines, and Coast Guard, have been an indispensable part of our nation's efforts to promote democracy, peace, and freedom; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the United States armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world; and WHEREAS, Georgia's veterans have long been recognized by the citizens of this nation for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, Georgia Highway 96 in Peach County has long been considered a military corridor, and it is appropriate to recognize this roadway as "Veterans' Memorial Highway" in honor of the brave and dedicated military heroes who stand ever ready to lay the ultimate sacrifice upon the altar of freedom; and WHEREAS, the selfless and heroic commitment of veterans of the United States military stand as a shining tribute to the American spirit and loyalty to the principles of democracy, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately; and WHEREAS, it is only fitting and proper that veterans of the United States military are honored and remembered by the dedication of Georgia Highway 96 in Peach County as "Veterans' Memorial Highway" and it stands as a constant reminder of the sacrifice made by members of the military and their willingness to find meaning in something greater than themselves. FRIDAY, MARCH 26, 2010 2037 PART XI WHEREAS, Marion A. Goswick drew a sketch for the first bridge across the Conasauga River, at the location which is now known as SR 286; and WHEREAS, the road was originally constructed with money raised through the poll tax; and WHEREAS, the original road was built according to existing property lines, except where property owners would not agree to the use of their land, which explains the many curves in the road; and WHEREAS, when Franklin D. Roosevelt was president, the Public Works Administration worked to widen the road; and WHEREAS, over time, the Conasauga River has had four bridges built across it at this location: one wood, one wood and steel, and two cement, the last being built in 1959; and WHEREAS, Herman Talmadge was the Governor of Georgia and Clarence Ridley was the Commissioner of Murray County when the road was designated as SR 286; and WHEREAS, Marion A. Goswick carved three peach seeds into monkeys and mounted each monkey on a piece of wood, marking each with the number 286, and he sent them to Governor Herman Talmadge as a souvenir of the highway; and WHEREAS, the Governor acknowledged the souvenir by writing a letter to Goswick, saying he had them on display in his office; and WHEREAS, Marion Andrew Goswick married Roxie Pearl Laughridge, and to their union were born Raney Opal, Theodore, Ruth, Maga Lynn, and Creed Denton; and WHEREAS, the Goswick family store was built in 1914 facing what used to be Route 2, now known as Goswick Road; and WHEREAS, the Goswick family operated the store selling general merchandise until 2006 when Marion A. Goswich died, his son C.D. operated the store until he died in 1997, and then Maga Lynn Goswick Hix ran the store; and WHEREAS, it is only fitting that a lasting memorial to the contributions of the Goswick family to the people of Murray County be established. PART XII WHEREAS, William Maud Bryant was born in Cochran, Georgia, on February 16, 1933; and 2038 JOURNAL OF THE HOUSE WHEREAS, he rose through the ranks to his final assignment as a Sergeant First Class in the United States Army, Company A, 5th Special Forces Group, 1st Special Forces, based in Long Khanh Province in the Republic of Vietnam; and WHEREAS, he was killed in action on March 24, 1969, and was posthumously awarded the Congressional Medal of Honor for his conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty; and WHEREAS, SFC Bryant distinguished himself while serving as commanding officer of Civilian Irregular Defense Group Company 321, 2nd Battalion, 3rd Mobile Strike Force Command, during combat operations. The battalion came under heavy fire and became surrounded by the elements of three enemy regiments. He displayed extraordinary heroism throughout the succeeding 34 hours of incessant attack as he moved throughout the company position, heedless of the intense hostile fire, while establishing and improving the defensive perimeter, directing fire during critical phases of the battle, distributing ammunition, assisting the wounded, and providing leadership and an inspirational example of courage to his men; and WHEREAS, inspired by his heroic example, his men regrouped for a final assault against the enemy, when SFC Bryant fell mortally wounded by an enemy rocket; and WHEREAS, his selfless concern for his comrades at the cost of his life above and beyond the call of duty were in keeping with the highest traditions of military service and reflect great credit upon himself, his unit, and the United States Army, and it is only proper and fitting to honor his sacrifice with a lasting memorial. PART XIII WHEREAS, Harry Portier was born in Ocilla, Georgia, on March 14, 1932; and WHEREAS, he grew up playing and fishing in Stump Creek (which was known by a different name to frequent visitors), because it was within walking distance of his house; and WHEREAS, he played football at Irwin County High School and graduated from Ocilla High School in 1950; and WHEREAS, Harry served his country in the United States Navy for four years and in the United States Air Force for four years; and WHEREAS, he worked as a maintenance supervisor for the State of Florida until his retirement; and WHEREAS, he passed away on December 21, 2008, after suffering a stroke; and FRIDAY, MARCH 26, 2010 2039 WHEREAS, it is only fitting and proper that a lasting memorial to the life of this fine gentleman be established. PART XIV WHEREAS, many times civic and community leaders have been honored for their service and contributions to their communities by having streets, roads, buildings, or bridges named for them, and Reverend Henry Grady Jarrard is worthy of such an honor; and WHEREAS, he lived a life of service to Hall County by serving as Hall County School Superintendent for about 30 years, and he brought great change in the school system by starting the comprehensive schools that are a vital part of the Hall County community today; and WHEREAS, he served as Pastor of New Holland Baptist Church for 37 years, and as school superintendent and pastor he touched the lives of thousands of young people that have made Hall County a great community; and WHEREAS, the people of the New Holland Community can testify to the interest that Preacher Jarrard had in the development of the young people of the community and how he gave sacrificially of his time and means to that end; and WHEREAS, it is only fitting and proper that a lasting memorial to his life of service be established. PART XV NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby joins in honoring Dr. George Franklin Green and the Little Family and dedicates the bridge over the Oconee River on Georgia Highway 16 connecting Hancock and Putnam Counties as the Little's Ferry/George F. Green Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Millard Fuller and that the portion of US 29 from the city limits of LaGrange to the Chattahoochee River be dedicated as the Millard Fuller Memorial Highway. BE IT FURTHER RESOLVED that the members of this body honor the life and service of Mr. Dual Broadrick and dedicate the portion of SR 201 from the intersection at Rocky Face with US 76/41 south to the Walker County line as the Dual Broadrick Memorial Highway. 2040 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry E. Chesser and that the bridge over the Satilla River on SR 301 North in Brantley County be dedicated as the SP-5 Harry E. Chesser Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Blake Gammill and that the portion of SR 5 in Douglas County from its intersection with Stewart Parkway to its intersection with SR 166 be dedicated as the Deputy Blake Gammill Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Alpha Fowler, Jr., and that the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County be dedicated as the Alpha Fowler, Jr., Memorial Bridge. BE IT FURTHER RESOLVED that the members of this body honor the life and service of "T" Fulcher and dedicate the bridge on SR 56 over I-520 in Richmond County as the H.G. "T" Fulcher Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Charles Thomas Edwards and dedicates the bridge over the Ocmulgee River on SR 16 at the Jasper/Butts County line as the Charles Thomas Edwards Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the accomplishments and public service of the Honorable Hugh D. Sosebee and dedicates the bridge over I-75 on Tift College Drive in Monroe County, Georgia, as the Honorable Hugh D. Sosebee Bridge. BE IT FURTHER RESOLVED that this body hereby honors the service of all military veterans and recognizes Georgia Highway 96 in Peach County as "Veterans' Memorial Highway". BE IT FURTHER RESOLVED that the members of this body honor the contributions of the Goswick family to this state and their community and dedicate the bridge over the Conasauga River at SR 286 as the Goswick Family Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring William Maud Bryant and that the portion of SR 87 North in Bleckley County from the city limits of Cochran to the Bleckley-Twiggs County line be dedicated as the William Maud Bryant Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry L. Portier and that the bridge over Stump Creek on SR 129 in Irwin County be dedicated as the Harry L. Portier Memorial Bridge. FRIDAY, MARCH 26, 2010 2041 BE IT FURTHER RESOLVED that this body hereby honors the life of service of Reverend Henry Grady Jarrard and dedicates the intersection of Jesse Jewell Parkway and Quarry Street in Hall County as the Rev. H.G. Jarrard Memorial Intersection. 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, the Little family, the family of George F. Green, the family of Millard Fuller, the family of Mr. Dual Broadrick, the family of Harry E. Chesser, the family of Blake Gammill, the family of Alpha Fowler, Jr., the family of H.G. "T" Fulcher, the family of Charles Thomas Edwards, the Honorable Hugh D. Sosebee, Representative Lynmore James, Maga Lynn Goswick Hix, the family of William Maud Bryant, the family of Harry L. Portier, and the family of Reverend Henry Grady Jarrard. 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, George Franklin Green was born on September 27, 1924, in Bostwick, Georgia, the eldest son of Rice Burkitt Green, Jr., and Rubye Riden Green; and WHEREAS, he married the former Helen Montine Maxwell of Lexington, Georgia, on June 4, 1944, and from this marriage were born three children: George Franklin Green, Jr., of Sparta, Georgia, Helen "Sistie" Claudia Green Hudson, also of Sparta, Georgia, and Wallace Maxwell Green of Peachtree City, Georgia; and WHEREAS, George Green graduated from Bostwick High School in 1941 and North Georgia College in 1947 and he went on to graduate from the Medical College of Georgia in 1951; and WHEREAS, in between times during his college career, he pulled two hitches in the Army, one from 1943-1946 as an infantry captain in the Pacific Theatre, and he reenlisted in 1951 during the Korean conflict and served until 1953 in the medical corps at Ft. Rucker, Alabama, and Ft. Sam Houston in San Antonio, Texas, also completing his internship at this time; and 2042 JOURNAL OF THE HOUSE WHEREAS, in 1953, a classmate, Dr. David Tanner, brought him to Sparta, Georgia, to join his practice, and Dr. Green practiced medicine in Sparta and Eatonton continuously until he suffered a stroke in 1991; and WHEREAS, not only was Dr. Green busy in his practice but he was also busy in civic affairs and the political arena, and, among his many accomplishments, he was a Charter Fellow of the American Academy of Family Physicians, lifetime member of the American, Southern, and Georgia Medical Associations, Chief of Staff of Hancock Memorial and Putnam General Hospitals, Deacon of the Sparta Baptist Church, a Mason, Shriner, Director of the Boy Scouts of America Council, President of the Hancock Redevelopment Corporation, Director of the Bank of Hancock County, Chairman of the Putnam and Hancock County Boards of Health, Member of the Georgia State Board of Nursing Home Administrators, Chairman of the Hancock Hospital Corporation, Alderman and later Mayor of the City of Sparta, Hancock County Commissioner, and member of the Georgia House of Representatives from 1987-1991; and WHEREAS, Dr. Green's practice and his love of Hancock County, Georgia, remain legendary to this day and he was well-known for his "bedside manner," his "goodlistening ear," and his genuine respect for his patients; and WHEREAS, he particularly loved bringing new life into the world and as best as can be determined, he delivered 14,000 babies during his almost 40 year practice; and WHEREAS, in 1860, Kitchen Little of Putnam County owned almost 4,000 acres of land bordering the Oconee River in the Rockville District; and WHEREAS, he farmed the land and raised a family of 11 children; and WHEREAS, another member of the family, Milt Little started operating a ferry after General Sherman tore down the only bridge in the area and he operated the ferry boat himself and charged passengers a toll; and WHEREAS, the ferry was very popular because it was the straightest route between Atlanta and Augusta; and WHEREAS, in 1925, the state took over the ferry and operated it until a new bridge was built in the late 1940's; and WHEREAS, when the bridge was finished "Little's Ferry" ceased to operate after a run of 85 years; and WHEREAS, it is only fitting and proper that Dr. George Franklin Green and the Little Family be memorialized by dedicating a bridge in their memory. FRIDAY, MARCH 26, 2010 2043 PART II WHEREAS, Millard Fuller was born on January 3, 1935, in the small cotton mill town of Lanett, Alabama, and graduated from Auburn University and the University of Alabama School of Law; and WHEREAS, he became a self-made millionaire by the age of 29 and could have lived out the rest of his life in comfort, but instead he and his wife sold all of their possessions, donated the proceeds to the poor, and began searching for a new purpose for their lives; and WHEREAS, he and his wife established Habitat for Humanity in Americus, Georgia, in 1976; and WHEREAS, Habitat for Humanity has constructed more than 300,000 homes for 1,500,000 people and has a presence in all 50 States, the District of Columbia, Guam, Puerto Rico, and more than 90 countries around the world; and WHEREAS, in 2005, Millard Fuller established The Fuller Center for Housing, which provides support and guidance to local organizations to repair and build homes for impoverished individuals; and WHEREAS, he committed his life to philanthropy and service to others while raising global concern for homelessness and poverty; and WHEREAS, Millard Fuller was awarded the Presidential Medal of Freedom, the nation's highest civilian honor, by President Clinton in 1996; and WHEREAS, Millard Fuller passed away on February 3, 2009, leaving behind a loving wife, a proud family, and a legacy that will extend far beyond his life, and it is only fitting and proper that a lasting memorial to this life well lived be established. PART III WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, Mr. Dual Broadrick graduated from Dalton High School in 1936 and enlisted in the military on January 19, 1941; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Air Corps during World War II, bravely and valiantly defending democracy as a ball turret gunner on a B-17 Flying Fortress; and 2044 JOURNAL OF THE HOUSE WHEREAS, in July, 1944, he was assigned to the 390th Bomb Group, Eighth Air Force stationed in England, and on November 30th of that year, on a mission to bomb Merseburg, Germany, Mr. Broadrick's plane was shot down, forcing him to parachute into enemy territory; and WHEREAS, he was taken as a prisoner of war and after several moves to different camps, he was placed in the permanent POW camp at Staffelstein, which was liberated five months after his capture on April 29, 1945; and WHEREAS, respected and admired by the people of Whitfield County, Mr. Broadrick was elected to serve as Clerk of the Superior Court of Whitfield County in 1964; and WHEREAS, for 20 years, Mr. Broadrick served as an honest and dedicated public servant who strove for excellence in all his endeavors and whose primary concern was the fair and impartial administration of justice; and WHEREAS, he was known as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and WHEREAS, upon his retirement from public service, Mr. Broadrick became a gentleman farmer, enjoying the company of his family and friends until his passing on August 20, 2008, at the age of 92; and WHEREAS, Mr. Broadrick's life story of strength, courage, service, and perseverance serves as an inspiration to all Georgians and is worthy of recognition. PART IV WHEREAS, Harry E. Chesser courageously answered his country's call to defend freedom by serving as a door gunner on a search and rescue helicopter as a member of the United States Army in Vietnam from September 23, 1969, until August 15, 1970; and WHEREAS, he was killed in action on August 15, 1970, in Quang Ngai Province, South Vietnam; and WHEREAS, his selfless sacrifice for the sake of our freedom halfway around the world represents what is the best about Americans and America; and WHEREAS, the State of Georgia and Brantley County owe a debt of gratitude to this native son for the sacrifice of his young life at 21 years of age; and WHEREAS, it is only fitting and proper that the ultimate sacrifice of this brave warrior be honored by dedicating a lasting memorial in his memory. FRIDAY, MARCH 26, 2010 2045 PART V WHEREAS, on February 24, 2005, the State of Georgia lost one of its finest and most outstanding citizens with the passing of Deputy Sheriff Blake Gammill of Douglas County as a result of wounds that he received while attempting to serve a warrant; and WHEREAS, Blake Gammill upheld the highest standards of professional excellence in law enforcement in all that he did; and WHEREAS, this exceptional individual exhibited outstanding leadership, patriotism, courage, and dedication in his service to the citizens of Douglas County and this state; and WHEREAS, he was honored in 2002 by receiving the Douglas County Sheriff's Department's Medal of Valor for heroism in the line of duty for rescuing a citizen from a burning vehicle following a traffic accident; and WHEREAS, his unparalleled leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his acute sensitivity to the needs of the citizens of his county and state earned him the respect and admiration of his colleagues and associates, and it is only proper and fitting to honor his sacrifice with a lasting memorial. PART VI WHEREAS, during his lifetime, Alpha Fowler, Jr., served the citizens of Douglasville and Douglas County in many ways; and WHEREAS, his dedicated service extended from the battlegrounds of Europe in World War II to the halls of the State Capitol in Atlanta to the local business community and various organizations and institutions; and WHEREAS, he was a bomber pilot who received the Distinguished Flying Cross during World War II; and WHEREAS, he represented Douglas County in the Georgia General Assembly from 1950 through 1964 when he won a post on the Public Service Commission where he served until 1970; and WHEREAS, he served as the head of the Georgia National Guard and started the Georgia Air National Guard, rising to the rank of brigadier general; and WHEREAS, he was the owner of the first movie theater in Douglas County which was located on the site of the present Douglasville City Hall; and 2046 JOURNAL OF THE HOUSE WHEREAS, he founded Douglas County Federal, started and operated Fowler Egg Farm, and was involved in many local boards and commissions; and WHEREAS, he was instrumental in obtaining funding for the construction of the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County, and it is only proper and fitting to honor his service with a lasting memorial. PART VII WHEREAS, on November 15, 1903, Harry Garrett Fulcher, nicknamed "T" by his family, was born in McBean, Georgia, to Benjamin Gilbert Fulcher and Maryam Meyer Fulcher; and WHEREAS, "T" worked as a kiln operator at the Babcock & Wilcox Plant for 30 years where his wife, Ostelle, also worked as a secretary. They married in 1935 and were blessed with two children, Susan and Garrett; and WHEREAS, in 1946, at Miller's Pond, "T" and Ostelle opened T's Restaurant in McBean; and WHEREAS, "T" possessed a unique combination of love for people and of fishing, and this was a perfect recipe for an outstanding seafood restaurant. "T" and Ostelle's devotion to this restaurant created a loyal following, and in 1952, they built T's Seafood Restaurant at its present location; and WHEREAS, "T" and Ostelle passed away in 1983, but the Fulcher family has been proud to carry on the family tradition of great food and Southern hospitality for over 57 years; and WHEREAS, it is only fitting and proper to dedicate a bridge in honor of "T" Fulcher and his outstanding contributions to the quality of life in Richmond County, Georgia. PART VIII WHEREAS, Charles Thomas Edwards, son of Colonel C.H. and Nancy Edwards was born July 31, 1893. He married Miss Myra Bulgin in 1918, and they had three daughters: Mrs. Frank Burrell, Mrs. Walker Brock, and Mrs. Paul Kendricks. Mr. Edwards was called to his reward February 18, 1974; and WHEREAS, Mr. Edwards received his education at Young Harris College and Emory University. After teaching several years in the public schools of Georgia, he resigned to take a job with the State Highway Department. He was an educated, efficient, and dependable worker; and FRIDAY, MARCH 26, 2010 2047 WHEREAS, Charles Edwards was exceptionally active in civic and church affairs. He was superintendent of Jasper County Schools, Mayor of Monticello, and a State Highway Engineer and represented Jasper County in the Georgia Senate. He was a past Master of Jasper Lodge Number 50 of Free and Accepted Masons, Monticello, Georgia; and WHEREAS, a Methodist with fervor, he gave freely of his time, talents, gifts, and prayers. He served as Sunday school superintendent, member of the official board, church treasurer, and trustee, and he represented his church at district and annual conferences and taught a Sunday school class over a period of 60 years; and WHEREAS, he is the author of three books: Tales of the Blue Ridge, A Blue Ridge Mountain Boy, and God Is Good. The first two books stem from events in his own life and in the lives of his Blue Ridge neighbors. The last book is an expression of his own belief in God. In these, he left a heritage of folklore and faith to his family and to lovers of Georgia traditions; and WHEREAS, those who had the rich privilege of knowing him will remember him as a man of great faith, wholesome humor, and warm friendliness. They will remember him as a man quick to champion the right and to make clear his disapproval of the wrong. His solid integrity was eloquent and his presence a moral strength in any group; and WHEREAS, it is only proper to honor the memory of this life well-lived with a lasting memorial. PART IX WHEREAS, the Honorable Hugh D. Sosebee was born in Forsyth County, Georgia, on October 9, 1916; and WHEREAS, he earned his Bachelor of Arts degree from the University of Georgia and his Juris Doctorate degree from the Walter F George School of Law at Mercer University; and WHEREAS, he has served Monroe County and the Flint Judicial Circuit for the past 56 years, being elected and serving as the Solicitor General of the Flint Judicial Circuit from 1954-1963, as the sole Judge of the Superior Court, Flint Judicial Circuit, from 19641978, and serving as a Senior Judge from 1978 to the present; and WHEREAS, the Honorable Hugh D. Sosebee has had a profound effect on Monroe County by envisioning and helping to build the first and present hospital in Monroe County as a member of the Hospital Board, by serving as a charter member of the Monroe County Chamber of Commerce, and by serving as the County Attorney and the City Attorney of Forsyth, Georgia; and 2048 JOURNAL OF THE HOUSE WHEREAS, he served as the longest serving member of the State Bar of Georgia Board of Governors, as a Justice of the Supreme Court of Georgia during disqualifications, and as a charter member of the Georgia Code Revision Committee; and WHEREAS, the Honorable Hugh D. Sosebee has devoted his life to his family, community, State, and God; and his tireless work, personal honesty and integrity, and dedication to the courts has inspired confidence in the judicial system as a whole. PART X WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and WHEREAS, the veterans of Peach County, Georgia, which include members of the Army, Navy, Air Force, Marines, and Coast Guard, have been an indispensable part of our nation's efforts to promote democracy, peace, and freedom; and WHEREAS, all Americans owe a debt of gratitude to the men and women of the United States armed forces who risk their lives in the defense of freedom and to secure the blessings of liberty for this nation and other peoples of the world; and WHEREAS, Georgia's veterans have long been recognized by the citizens of this nation for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of the United States; and WHEREAS, Georgia Highway 96 in Peach County has long been considered a military corridor, and it is appropriate to recognize this roadway as "Veterans' Memorial Highway" in honor of the brave and dedicated military heroes who stand ever ready to lay the ultimate sacrifice upon the altar of freedom; and WHEREAS, the selfless and heroic commitment of veterans of the United States military stand as a shining tribute to the American spirit and loyalty to the principles of democracy, and it is abundantly fitting and proper that the outstanding accomplishments of these remarkable and distinguished Americans be recognized appropriately; and WHEREAS, it is only fitting and proper that veterans of the United States military are honored and remembered by the dedication of Georgia Highway 96 in Peach County as "Veterans' Memorial Highway" and it stands as a constant reminder of the sacrifice made by members of the military and their willingness to find meaning in something greater than themselves. PART XI WHEREAS, Marion A. Goswick drew a sketch for the first bridge across the Conasauga River, at the location which is now known as SR 286; and FRIDAY, MARCH 26, 2010 2049 WHEREAS, the road was originally constructed with money raised through the poll tax; and WHEREAS, the original road was built according to existing property lines, except where property owners would not agree to the use of their land, which explains the many curves in the road; and WHEREAS, when Franklin D. Roosevelt was president, the Public Works Administration worked to widen the road; and WHEREAS, over time, the Conasauga River has had four bridges built across it at this location: one wood, one wood and steel, and two cement, the last being built in 1959; and WHEREAS, Herman Talmadge was the Governor of Georgia and Clarence Ridley was the Commissioner of Murray County when the road was designated as SR 286; and WHEREAS, Marion A. Goswick carved three peach seeds into monkeys and mounted each monkey on a piece of wood, marking each with the number 286, and he sent them to Governor Herman Talmadge as a souvenir of the highway; and WHEREAS, the Governor acknowledged the souvenir by writing a letter to Goswick, saying he had them on display in his office; and WHEREAS, Marion Andrew Goswick married Roxie Pearl Laughridge, and to their union were born Raney Opal, Theodore, Ruth, Maga Lynn, and Creed Denton; and WHEREAS, the Goswick family store was built in 1914 facing what used to be Route 2, now known as Goswick Road; and WHEREAS, the Goswick family operated the store selling general merchandise until 2006 when Marion A. Goswich died, his son C.D. operated the store until he died in 1997, and then Maga Lynn Goswick Hix ran the store; and WHEREAS, it is only fitting that a lasting memorial to the contributions of the Goswick family to the people of Murray County be established. PART XII WHEREAS, William Maud Bryant was born in Cochran, Georgia, on February 16, 1933; and WHEREAS, he rose through the ranks to his final assignment as a Sergeant First Class in the United States Army, Company A, 5th Special Forces Group, 1st Special Forces, based in Long Khanh Province in the Republic of Vietnam; and 2050 JOURNAL OF THE HOUSE WHEREAS, he was killed in action on March 24, 1969, and was posthumously awarded the Congressional Medal of Honor for his conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty; and WHEREAS, SFC Bryant distinguished himself while serving as commanding officer of Civilian Irregular Defense Group Company 321, 2nd Battalion, 3rd Mobile Strike Force Command, during combat operations. The battalion came under heavy fire and became surrounded by the elements of three enemy regiments. He displayed extraordinary heroism throughout the succeeding 34 hours of incessant attack as he moved throughout the company position, heedless of the intense hostile fire, while establishing and improving the defensive perimeter, directing fire during critical phases of the battle, distributing ammunition, assisting the wounded, and providing leadership and an inspirational example of courage to his men; and WHEREAS, inspired by his heroic example, his men regrouped for a final assault against the enemy, when SFC Bryant fell mortally wounded by an enemy rocket; and WHEREAS, his selfless concern for his comrades at the cost of his life above and beyond the call of duty were in keeping with the highest traditions of military service and reflect great credit upon himself, his unit, and the United States Army, and it is only proper and fitting to honor his sacrifice with a lasting memorial. PART XIII WHEREAS, Harry Portier was born in Ocilla, Georgia, on March 14, 1932; and WHEREAS, he grew up playing and fishing in Stump Creek (which was known by a different name to frequent visitors), because it was within walking distance of his house; and WHEREAS, he played football at Irwin County High School and graduated from Ocilla High School in 1950; and WHEREAS, Harry served his country in the United States Navy for four years and in the United States Air Force for four years; and WHEREAS, he worked as a maintenance supervisor for the State of Florida until his retirement; and WHEREAS, he passed away on December 21, 2008, after suffering a stroke; and WHEREAS, it is only fitting and proper that a lasting memorial to the life of this fine gentleman be established. FRIDAY, MARCH 26, 2010 2051 PART XIV WHEREAS, many times civic and community leaders have been honored for their service and contributions to their communities by having streets, roads, buildings, or bridges named for them, and Reverend Henry Grady Jarrard is worthy of such an honor; and WHEREAS, he lived a life of service to Hall County by serving as Hall County School Superintendent for about 30 years, and he brought great change in the school system by starting the comprehensive schools that are a vital part of the Hall County community today; and WHEREAS, he served as Pastor of New Holland Baptist Church for 37 years, and as school superintendent and pastor he touched the lives of thousands of young people that have made Hall County a great community; and WHEREAS, the people of the New Holland Community can testify to the interest that Preacher Jarrard had in the development of the young people of the community and how he gave sacrificially of his time and means to that end; and WHEREAS, it is only fitting and proper that a lasting memorial to his life of service be established. PART XV WHEREAS, Willie Lee Duckworth lived with his wife, Edna, in a blue house along Highway 242 as it edges east toward Riddleville and Bartow; and WHEREAS, every couple of months, a special letter would travel the time-worn path to his door: a royalty check that made him feel like a king; and WHEREAS, there were years when those checks brought more money than he made hauling pulpwood in Washington County, and the money helped put food on the table and buttons on his shirts; and WHEREAS, in 1944, Willie Lee Duckworth, an unsuspecting buck private from Georgia, authored one of the most popular marching cadences in U.S. Army history; and WHEREAS, at first, it simply was known as the "Duckworth Chant" but it later gained fame as "Sound Off": Ain't no use in goin' home. Jody's got your gal and gone. Ain't no use in feelin' blue. Jody's got your sister, too. Sound off! 2052 JOURNAL OF THE HOUSE One, two. Sound off! Three, four.... With those words, and others, Duckworth made the journey from foot soldier to footnote in military history; and WHEREAS, "Sound Off" became the title of a song performed by big band leader Vaughn Monroe, and this year marks the 58th anniversary of the movie by the same name, starring Mickey Rooney; and WHEREAS, although many folks in Washington County are aware of his contribution, the march of time has delivered a generation of others who know little or nothing about his serendipitous fame; and WHEREAS, he was raised by his grandparents in a sharecropper's house not far from where he lived, and when he was drafted during World War II it was the first time he had been more than 100 miles from home; and WHEREAS, on orders from a noncommissioned officer, he improvised his own drill for the nine African American soldiers in his unit, and soon all the ranks were buzzing and keeping rhythm; and WHEREAS, "Sound Off" is still making noise with the blessings of the young soldier who dreamed it up, and it is only fitting and proper that this marching maestro be honored by the people of Georgia. PART XVI WHEREAS, Walter Curtis Butler, Jr., was born on December 12, 1943, in Morgan County, Georgia, and passed away on August 1, 2008; and WHEREAS, he was a proud product of Morgan County public schools and graduated from Pearl High School, and he resided in Morgan County his entire life and was the first African American elected official in Morgan County; and WHEREAS, he served as a Morgan County Commissioner for over 25 years and served as vice chair for many years; and WHEREAS, Walter Curtis Butler, Jr., was a member of the NAACP for over 40 years, was the founder of the Morgan County Branch of the NAACP, served as president of the Georgia State Conference of the NAACP for 12 years, and was a Golden Heritage Life member of the national association; and FRIDAY, MARCH 26, 2010 2053 WHEREAS, he was, despite his most humble and unassuming manner, a widely-known and highly-respected Civil Rights pioneer and leader not just in Madison, Morgan County, and throughout the State of Georgia, but also in the states contiguous to Georgia; and WHEREAS, Walter Curtis Butler, Jr., in his many years of service as a leader in the NAACP and as a Morgan County Commissioner, was a member of and garnered numerous accolades from various civic and public organizations including the Georgia Association of Black Elected Officials; Association County Commissioners of Georgia (ACCG); State Commission on Martin Luther King, Jr., Holiday; Criminal Justice Coordinator Council (2002-2006), where he served as Governor Roy Barnes' appointee; Morgan County Hospital Authority; and the Morgan County Civil League, just to name a few; and WHEREAS, it is only fitting and proper to dedicate a bridge as a lasting memorial to his accomplishments. PART XVII NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby joins in honoring Dr. George Franklin Green and the Little Family and dedicates the bridge over the Oconee River on Georgia Highway 16 connecting Hancock and Putnam Counties as the Little's Ferry/George F. Green Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Millard Fuller and that the portion of US 29 from the city limits of LaGrange to the Chattahoochee River be dedicated as the Millard Fuller Memorial Highway. BE IT FURTHER RESOLVED that the members of this body honor the life and service of Mr. Dual Broadrick and dedicate the portion of SR 201 from the intersection at Rocky Face with US 76/41 south to the Walker County line as the Dual Broadrick Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry E. Chesser and that the bridge over the Satilla River on SR 301 North in Brantley County be dedicated as the SP-5 Harry E. Chesser Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring Blake Gammill and that the portion of SR 5 in Douglas County from its intersection with Stewart Parkway to its intersection with SR 166 be dedicated as the Deputy Blake Gammill Memorial Highway. 2054 JOURNAL OF THE HOUSE BE IT FURTHER RESOLVED that this body hereby joins in honoring Alpha Fowler, Jr., and that the Chapel Hill Road bridge over Interstate Highway 20 in Douglas County be dedicated as the Alpha Fowler, Jr., Memorial Bridge. BE IT FURTHER RESOLVED that the members of this body honor the life and service of "T" Fulcher and dedicate the bridge on SR 56 over I-520 in Richmond County as the H.G. "T" Fulcher Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the life and memory of Charles Thomas Edwards and dedicates the bridge over the Ocmulgee River on SR 16 at the Jasper/Butts County line as the Charles Thomas Edwards Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring the accomplishments and public service of the Honorable Hugh D. Sosebee and dedicates the bridge over I-75 on Tift College Drive in Monroe County, Georgia, as the Honorable Hugh D. Sosebee Bridge. BE IT FURTHER RESOLVED that this body hereby honors the service of all military veterans and recognizes Georgia Highway 96 in Peach County as "Veterans' Memorial Highway". BE IT FURTHER RESOLVED that the members of this body honor the contributions of the Goswick family to this state and their community and dedicate the bridge over the Conasauga River at SR 286 as the Goswick Family Bridge. BE IT FURTHER RESOLVED that this body hereby joins in honoring William Maud Bryant and that the portion of SR 87 North in Bleckley County from the city limits of Cochran to the Bleckley-Twiggs County line be dedicated as the William Maud Bryant Memorial Highway. BE IT FURTHER RESOLVED that this body hereby joins in honoring Harry L. Portier and that the bridge over Stump Creek on SR 129 in Irwin County be dedicated as the Harry L. Portier Memorial Bridge. BE IT FURTHER RESOLVED that this body hereby honors the life of service of Reverend Henry Grady Jarrard and dedicates the intersection of Jesse Jewell Parkway and Quarry Street in Hall County as the Rev. H.G. Jarrard Memorial Intersection. BE IT FURTHER RESOLVED that this body hereby joins in offering its condolences to the family and friends of Willie Lee Duckworth upon his passing and in honoring him by dedicating the portion of SR 242 in Washington County from its intersection with SR 15 to the Jefferson County Line as the Willie Lee Duckworth Highway. FRIDAY, MARCH 26, 2010 2055 BE IT FURTHER RESOLVED that this body hereby joins in offering its condolences to the family and friends of Walter Curtis Butler, Jr., upon his passing and in honoring him by dedicating the bridge on US 441 South over I-20 at Exit 114 as the Walter Curtis Butler, Jr. 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, the Little family, the family of George F. Green, the family of Millard Fuller, the family of Mr. Dual Broadrick, the family of Harry E. Chesser, the family of Blake Gammill, the family of Alpha Fowler, Jr., the family of H.G. "T" Fulcher, the family of Charles Thomas Edwards, the Honorable Hugh D. Sosebee, Representative Lynmore James, Maga Lynn Goswick Hix, the family of William Maud Bryant, the family of Harry L. Portier, the family of Reverend Henry Grady Jarrard, the family of Willie Lee Duckworth, and the family of Walter Curtis Butler, Jr. Representative Roberts of the 154th moved that the House give unanimous consent to the adoption of HR 1513. The motion prevailed. The Resolution was adopted by unanimous consent. 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 426. By Senators Buckner of the 44th, Seay of the 34th, Jackson of the 24th, Sims of the 12th, Tate of the 38th and others: A BILL to be entitled an Act to amend Code Section 20-2-55 of the Official Code of Georgia Annotated, relating to the per diem reimbursement, insurance benefits, and expenses of local school board members, so as to prohibit per diem or salary compensation for certain at-fault board members during a period of time that the local school system has its accreditation revoked, 2056 JOURNAL OF THE HOUSE suspended, or placed on probation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 449. By Senators Davis of the 22nd and Powell of the 23rd: A BILL to be entitled an Act to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to abolish the Georgia Golf Hall of Fame; to provide for disposition of property of the Georgia Golf Hall of Fame; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 521. By Senators Weber of the 40th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th and Smith of the 52nd: 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 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 provide for related matters; to repeal conflicting laws; and for other purposes. Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time: HB 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. The following Committee substitute was read: A BILL To establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to amend Chapter 4 of Title 50 of the Official Code of FRIDAY, MARCH 26, 2010 2057 Georgia Annotated, relating to the organization of the executive branch generally, so as to provide for the duties and responsibilities of the Legislative Sunset Advisory Subcommittee; 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, is amended by designating Code Sections 50-4-1 through 50-4-7 as Article 1 and by adding a new article to read as follows: "ARTICLE 2 50-4-20. This article shall be known and may be cited as the 'Georgia Government Accountability Act.' It is the intent of the General Assembly to establish a method by which the efficiency of state government shall be reviewed and the productivity of each agency evaluated. This article is meant to ensure that the valuable resources of the state are best utilized and that state agencies are held accountable for their service to the public and responsiveness to the needs of the citizens of this state. 50-4-21. (a) The General Assembly shall establish the Legislative Sunset Advisory Subcommittee to be composed of five members of the House of Representatives appointed by the Speaker of the House who shall also be members of the House Zero Based Budget Subcommittee of the Appropriations Committee and five members of the Senate appointed by the President of the Senate. The members of the subcommittee shall serve two-year terms concurrent with their terms as members of the General Assembly. A cochairperson of the subcommittee shall be appointed by the President of the Senate from the membership of the subcommittee, and a cochairperson of the subcommittee shall be appointed by the Speaker of the House from the membership of the subcommittee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of cochairperson of the subcommittee shall be filled for the unexpired term in the same manner as the original appointment. The subcommittee shall advise the General Assembly regarding the agency sunset provisions as required by this article by reporting to the House Zero Based Budget Subcommittee of the Appropriations Committee and the Senate Budget Committee as may be designated by the President of the Senate. 2058 JOURNAL OF THE HOUSE (b) In carrying out its function under this article, the subcommittee may request, through the cochairpersons, the assistance of any state agency or office. When so requested, a state agency and its personnel shall assist the subcommittee and may be required to appear before the subcommittee. The subcommittee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency. All information subject to public disclosure shall be made available for review and copying within three business days. 50-4-22. (a) The Legislative Sunset Advisory Subcommittee shall review all state agencies, including all boards, departments, advisory committees, authorities, bureaus, offices, and any other state entity of the executive branch of state government regardless of its designation. The subcommittee shall be responsible for establishing a schedule for the routine review of all such state agencies. Each agency shall be scheduled for review a minimum of once every eight years. The Legislative Sunset Advisory Subcommittee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (b) Except as provided by this Code section, an agency subject to review by the Legislative Sunset Advisory Subcommittee shall be abolished on July 1 following the regularly scheduled session of the General Assembly which follows the report of review issued by the subcommittee pursuant to Code Section 50-4-24 unless the legislature by law continues the agency; however, an agency shall not be abolished unless the General Assembly finds that the laws the agency is responsible for implementing or enforcing have been repealed, revised, or reassigned to another remaining agency and that adequate provision has been made for the transfer from the abolished agency to a successor agency of all duties, debts, and obligations, including those relating to bonds, loans, promissory notes, lease-purchase agreements, installment sales contracts, financing agreements, or any other form of indebtedness such that security therefor and the rights of bondholders or holders of other indebtedness are not impaired. (c) The Legislative Sunset Advisory Subcommittee shall make a report and recommendation to the House Zero Based Budget Subcommittee of the Appropriations Committee and the Senate Budget Committee as provided in Code Section 50-4-24. If the General Assembly does not take action before the date of abolishment to continue the agency, the agency shall submit its legislative budget request consistent with the recommendations of the Legislative Sunset Advisory Subcommittee. (d) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (a) of this Code section. Following the review and recommendations of the Legislative Sunset Advisory Subcommittee, the House Zero Based Budget Subcommittee of the Appropriations Committee and Senate Budget Committee shall review the constitutionally established agency in the same manner and shall report to the General Assembly any recommended constitutional FRIDAY, MARCH 26, 2010 2059 amendments needed for the reorganizing or abolishing of such constitutionally created agency. (e) Any board, commission, advisory council, or similar body included in the term 'agency' as defined in Code Section 50-4-1 which has not held an open public meeting for a period of more than 12 months shall be considered automatically abolished without the need for further agency review as required by this article. The Legislative Sunset Advisory Subcommittee shall be responsible for presenting legislation to repeal existing statutory provisions relating to the abolished agency. (f) Except as may otherwise be expressly provided by law, abolishment of a state agency shall not affect the rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the abolishment. 50-4-23. (a) Not later than 90 days following a request by the Legislative Sunset Advisory Subcommittee, an agency shall provide the subcommittee with a report outlining the agency's efficiency and productivity and the extent to which the agency utilizes state resources to best meet the needs of the public. (b) The report required by this Code section shall, at a minimum, include the following: (1) A comprehensive list of state programs and services performed by the agency, including all special purpose activities undertaken to realize identifiable goals and objectives in order to achieve the agency's mission and legislative intent; (2) An accounting of state resources spent by the agency; (3) An explanation of factors that have contributed to any failure to achieve legislated standards or directives; (4) The extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which public participation has resulted in rules compatible with the objectives of the agency; (5) A statement of any statutory objectives intended for each program and activity, the problem or need that the program and activity are intended to address, and the extent to which these objectives have been achieved; (6) An assessment of the extent to which the jurisdiction of the agency and its programs overlap or duplicate those of other agencies and the extent to which those programs can be consolidated with those of other agencies; (7) A self-examining assessment of the agency's efficiency and areas of needed improvement, including goals and objectives for improvement, and the means by which the agency intends to meet these goals and objectives; (8) Recommendations for statutory or budgetary changes that would improve the agency's programs and operations, reduce costs, or improve services to state residents; (9) The effect of federal intervention or loss of federal funds if the agency, or any of its programs or activities, is abolished; 2060 JOURNAL OF THE HOUSE (10) An assessment of alternative methods of providing services for which the agency is responsible which would reduce costs or improve performance while adequately protecting the public interest; (11) A detailed summary of the agency's hiring and retention patterns for the previous five years; (12) An assessment of the extent to which the agency has corrected any deficiencies and implemented recommendations contained in any state or federal audits or court decisions; (13) A list of all advisory committees and boards, whether established in statute or by the agency; their purposes, activities, composition, and expenses; and an assessment of the extent to which their purposes have been achieved and the rationale for continuing or eliminating each advisory committee or board; (14) A list of agency programs or functions that are performed without specific statutory authority; and (15) Other information as requested by the subcommittee or any study committee created under the subcommittee's direction. (c) Information and data reported by the agency shall be validated by the agency's chief executive before submission to the subcommittee. 50-4-24. (a) No later than six months following the Legislative Sunset Advisory Subcommittee's request for a report from an agency pursuant to Code Section 50-4-23, the subcommittee shall: (1) Review the information submitted by or concerning the agency; (2) Consult with or hear testimony from any individual, agency, private company, or other expert as needed; (3) If the subcommittee deems necessary, hold public hearings to consider this information as well as testimony; and (4) Present to the House Zero Based Budget Subcommittee of the Appropriations Committee and the Senate Budget Committee or other standing budget committees of the General Assembly as required by the President of the Senate or the Speaker of the House of Representatives a report of review on an agency reviewed by the subcommittee. In the report of review, the subcommittee shall include its specific findings and recommendations regarding each agency reviewed and indicate whether a public need exists for the continuation of an agency or for the functions of the agency. By majority vote, the subcommittee may extend the time provided for review of an agency if the subcommittee determines that additional time for review is needed to adequately evaluate an agency. (b) The subcommittee shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or agency function: (1) The efficiency with which the agency operates; FRIDAY, MARCH 26, 2010 2061 (2) The statutory objectives of the agency and the problem or need that the agency is intended to address, the extent to which the objectives have been achieved, and any activities of the agency in addition to those granted by statute and the authority for these activities; (3) An assessment of less restrictive or alternative methods of providing any regulatory function for which the agency is responsible while adequately protecting the public; (4) The extent to which an advisory committee or board is needed or used; (5) The extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies and the extent to which the programs administered by the agency can be consolidated with the programs of other agencies; (6) Whether the agency has recommended to the legislature statutory changes calculated to be of benefit to the public; (7) The promptness and effectiveness with which the agency responds to the public's complaints and the extent to which the agency has encouraged participation by the public in making its rules and decisions; (8) The extent to which the agency has satisfied requirements of state law, safeguarded public health, safety, and welfare, and utilized state resources; (9) The extent to which the agency accurately reports performance measures used to justify state spending on each of its activities, services, and programs; (10) The effect of probable federal intervention or loss of federal funds if the agency or an agency function is abolished; and (11) The extent to which changes are necessary in the enabling statutes of the agency so that the agency can adequately comply with the criteria of this article. (c) In its report of review, the subcommittee shall make recommendations to the House Zero Based Budget Subcommittee of the Appropriations Committee and the Senate Budget Committee on the abolition, continuation, or reorganization of such agency and on the need for the continuation of the functions of the agency. The report of review shall also make recommendations on the consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency. (d) It shall be the responsibility of the Legislative Sunset Advisory Subcommittee to prepare drafts of legislation necessary to carry out the subcommittee's recommendations." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Representative McKillip of the 115th moved that HB 236 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows: 2062 JOURNAL OF THE HOUSE Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Byrd Y Carter N Casas N Chambers Channell Y Cheokas N Coan Y Cole N Coleman Collins, D Y Collins, T N Cooper N Cox Y Crawford N Davis Dawkins-Haigler N Day N Dempsey Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart 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 E Gordon Greene N Hamilton E Hanner N Harbin Y Harden, B N Harden, M N Hatfield E Heard Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne Houston Y Howard Y Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Jordan Y Kaiser Y Keen N Keown N Kidd Y Knight Knox N Lane, B N Lane, R Y Levitas Lindsey N Long N Loudermilk Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning Y Marin N Martin Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Morgan N Morris Y Mosby Y Murphy Neal N Nix Y Oliver O'Neal Parrish N Parsons N Peake Y Porter Y Powell, A Y Powell, J N Pruett N Purcell E Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A N Scott, M Y Sellier N Setzler Y Shaw N Sheldon N Sims, B Y Sims, C Sinkfield N Smith, B Y Smith, E N Smith, K Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 72, nays 78. The motion was lost. Representative Long of the 61st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. The following amendment was read and adopted: Representative Byrd of the 20th moves to amend the House Committee on Appropriations substitute to HB 236 (LC 35 1860S) by striking "Zero Based Budget Subcommittee of the" on lines 25 and 26; By striking "Zero Based Budget Subcommittee of the" on lines 36 and 37; FRIDAY, MARCH 26, 2010 2063 By striking "Zero Based Budget Subcommittee of the" on line 68; By striking "Zero Based Budget Subcommittee of the" on lines 75 and 76; By striking "Zero Based Budget Subcommittee of the" on line 143; By striking "Zero Based Budget Subcommittee of the" on line 181. The Committee substitute, as amended, was adopted. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows: N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield N Benton E Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter Y Casas Y Chambers Channell Cheokas Y Coan N Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Dickson N Dobbs N Dodson Y Dollar N Dooley N Drenner N Dukes Y Ehrhart 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin N Harden, B Y Harden, M Y Hatfield E Heard N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Houston N Howard N Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Kidd N Knight Knox Y Lane, B N Lane, R N Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Neal Y Nix N Oliver Y O'Neal Parrish Y Parsons Y Peake N Porter Y Powell, A N Powell, J N Pruett Y Purcell E Ramsey N Randall N Reece Y Reese Y Rice N Roberts N Rogers Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon Y Sims, B N Sims, C N Sinkfield Y Smith, B N Smith, E N Smith, K Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates Ralston, Speaker 2064 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, as amended, the ayes were 77, nays 81. The Bill, having failed to receive the requisite constitutional majority, was lost. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR #2 FRIDAY, MARCH 26, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule HB 1165 Sunset revisions; repeal automatic expiration; provisions (Substitute)(CRChambers-81st) Modified Structured Rule HB 656 HB 938 HB 1023 HB 1049 HB 1184 HB 1251 HB 1272 Religious organizations; qualify as a self-insurer; provisions (Ins-Barnard166th) Motor vehicles; revocation of licenses; wireless telecommunication devices; prohibit use (Substitute)(PS&HS-Peake-137th) Jobs, Opportunity, and Business Success Act of 2010; enact (Substitute)(SCSBDJ-Graves-12th) Sales and use tax; less than 1 percent tax to fund local projects; provisions (Substitute)(W&M-Stephens-164th) Health insurance; offer individual accident and sickness policies approved in other states; provisions (Substitute)(Ins-Ramsey-72nd) Revenue Bond Law; undertakings include economic tourism development; define (Substitute)(W&M-Hill-180th) Income tax returns; make contributions for lupus and kidney disease; authorize (Substitute)(W&M-Collins-95th) FRIDAY, MARCH 26, 2010 2065 Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time: HB 1165. By Representative Chambers of the 81st: A BILL to be entitled an Act to amend an Act amending Code Sections 1521-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions applicable to Code Section 40-13-26 of the Official Code of Georgia Annotated, relating to the disposition of certain fines and costs; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal a certain automatic repeal; 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 amending Code Sections 15-21-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), so as to repeal the automatic expiration and sunset provisions applicable to Code Sections 15-21-2 and 40-13-26 of the Official Code of Georgia Annotated, relating to the disposition and payment of certain fines and costs and the Georgia State Patrol motorcycle unit; to amend an Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), so as to repeal a certain automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 2066 JOURNAL OF THE HOUSE SECTION 1. An Act amending Code Sections 15-21-2 and 40-13-26, approved April 18, 2006 (Ga. L. 2006, p. 159), is amended by revising Section 3 as follows: "SECTION 3. This Act shall become effective on July 1, 2006." SECTION 2. An Act making Code revisions and corrections to the Official Code of Georgia Annotated, approved May 11, 2007 (Ga. L. 2007, p. 47), is amended by repealing Section 15A. 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 E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Sims, C Y Sinkfield Y Smith, B Smith, E Y Smith, K Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard FRIDAY, MARCH 26, 2010 2067 Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Chambers of the 81st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 1251. By Representatives Hill of the 180th and Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions regarding the "Revenue Bond Law," so as to provide for definitions; to provide that undertakings may include economic tourism development; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for a program of tax refunds for companies creating new tourism attractions; to provide for a short title; to provide for definitions; to provide for legislative findings; to provide for conditions of eligibility and approval; to provide for agreements; to provide for procedures, conditions, and limitations; to provide for powers, duties, and responsibilities of the commissioner of economic development and the Department of Economic Development and the governing authorities of counties and municipalities; to provide for powers, duties, and authority of the state revenue commissioner and the Department of Revenue; 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. 2068 JOURNAL OF THE HOUSE 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 48-8-240. This article shall be known and may be cited as the 'Georgia Tourism Development Act.' 48-8-241. As used in this article, the term: (1) 'Agreement' means a tourism attraction agreement for a new tourism attraction project entered into, pursuant to Code Section 48-8-245, on behalf of the Department of Economic Development and an approved company. (2) 'Approved company' means any corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, business trust, or any other entity that is seeking to undertake a new tourism attraction project pursuant to Code Section 48-8-245 and is approved, pursuant to subsection (b) of Code Section 48-8-244, by the commissioner of economic development and by the governing authority of the city where the new tourism attraction project is to be located if within a city or otherwise by the governing authority of the county where the new tourism attraction project is to be located. (3) 'Approved costs' means: (A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a new tourism attraction project; (B) The costs of acquiring real property or rights in real property and any costs incidental thereto; (C) All costs for construction materials and equipment installed at the new tourism attraction project; (D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a new tourism attraction project which is not paid by the vendor, supplier, deliveryman, or contractor or otherwise provided; (E) All costs of architectural and engineering services, including but not limited to estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a new tourism attraction project; (F) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a new tourism attraction project; FRIDAY, MARCH 26, 2010 2069 (G) All costs required for the installation of utilities, including but not limited to water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company; and (H) All other costs comparable with those described in this paragraph. (4) 'Incremental sales and use tax' means those state and local sales and use taxes generated by the new tourism attraction project above the amount of such sales and use taxes generated by the previous use of the property on which such project is located. (5) 'New tourism attraction' means a cultural or historical site; a recreation or entertainment facility; a sports stadium or arena; an area of natural phenomena or scenic beauty; a convention hotel and conference center; an automobile race track with lodging and restaurant and other tourism amenities; a golf course facility with lodging and restaurant and other tourism amenities; marinas and water parks with lodging and restaurant facilities; or an entertainment destination center designed to attract tourists to the State of Georgia. A new tourism attraction shall be subject to the following conditions: (A) A new tourism attraction shall include commercial lodging facilities if the facilities constitute a significant portion of a new tourism attraction project or the facilities are to be located on recreational property leased from a county, a municipal corporation, the state, or the federal government; and (B) A new tourism attraction shall not include the following: (i) Facilities that are primarily devoted to the retail sale of goods, shopping centers, restaurants, or movie theaters; or (ii) Recreational facilities that do not serve as likely destinations where individuals who are not residents of this state would remain overnight in commercial lodging at the new tourism attraction. (6) 'New tourism attraction project' or 'project' means the real estate acquisition, including the acquisition of real estate by a leasehold interest with a minimum term of 30 years, construction, and equipping of a new tourism attraction; the construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a new tourism attraction, including but not limited to surveys; installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and off-site construction of utility extensions if paid for by the approved company. 48-8-242. The General Assembly finds and declares that the general welfare and material wellbeing of the citizens of this state depend in large measure upon the development of tourism in the state; that it is in the best interest of this state to induce the creation of new tourism attractions within this state in order to advance the public purposes of relieving unemployment by preserving and creating jobs that would not exist if not for the sales and use tax refund offered by the State of Georgia to approved companies and 2070 JOURNAL OF THE HOUSE preserving and creating sources of tax revenues for the support of public services provided by the state; that the purposes to be accomplished under the provisions of this article are proper governmental and public purposes for which public moneys may be expended; and that the inducement of the creation of new tourism attraction projects is of paramount importance to the economy of the state, mandating that the provisions of this article are to be liberally construed and applied in order to advance public purposes. 48-8-243. (a) In consideration of the execution of the agreement, each approved company shall be granted a sales and use tax refund from the incremental sales and use tax on the sales generated by the approved company and arising at the new tourism attraction. (b) The approved company shall have no obligation to refund or otherwise return any amount of this sales and use tax refund to the persons from whom the sales and use tax was collected. (c) For all new tourism attractions the term of the agreement granting the sales and use tax refund shall be ten years, commencing on the later of: (1) The final approval of the agreement for purposes of the sales and use tax refund; or (2) The date the new tourism attraction opens for business and begins to collect sales and use taxes; (d) Any sales and use tax collected by an approved company on sales transacted after final approval but prior to the commencement of the term of the agreement shall be refundable as if collected after the commencement of the term and applied to the approved company's first year's refund after activation of the term and without changing the term. (e) The total sales and use tax refund allowed to the approved company over the term of the agreement shall be equal to the lesser of the total amount of the sales and use tax liability of the approved company or 25 percent of the approved costs for the new tourism attraction project, subject to the following conditions: (1) The sales and use tax refund shall accrue over the term of the agreement in an annual amount equal to the lesser of the sales and use tax liability of the approved company for that year or 2.5 percent of the approved costs; and (2) Notwithstanding the 2.5 percent limitation of paragraph (1) of this subsection, any unused sales and use tax refunds from a previous year may be carried forward to any succeeding year during the term of the agreement. (f) On or before March 31 of each year during the term of the agreement, an approved company shall file with the department a claim for the sales and use tax refund collected by the approved company and remitted to the department during the preceding calendar year pursuant to subsection (e) of this Code section. (g) The department, in consultation with other appropriate state agencies, shall promulgate administrative regulations and require the filing of a refund form designed by the department to reflect the intent of this article. FRIDAY, MARCH 26, 2010 2071 48-8-244. (a) The commissioner of economic development, in consultation with other appropriate state agencies, shall establish standards for the filing of an application for new tourism attraction projects by the promulgation of administrative regulations. (b) An application for a new tourism attraction project filed with the Department of Economic Development shall include, but not be limited to: (1) Marketing plans for the new tourism attraction project that target individuals who are not residents of this state; (2) A description and location of the new tourism attraction project; (3) Capital and other anticipated expenditures for the new tourism attraction project and the anticipated sources of funding for such project; (4) The anticipated employment and wages to be paid at the new tourism attraction project; (5) Business plans which indicate the average number of days in a year in which the new tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues to be generated by the new tourism attraction project. (c) The commissioner of economic development and the local governing authority specified in paragraph (2) of Code Section 48-8-241 may grant approval to the new tourism attraction project if the project shall: (1) Have approved costs in excess of $100 million and such project is to be a new tourism attraction. (2) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing new tourism attractions in this state and the amount by which increased state and local tax revenues from the new tourism attraction project will exceed the refund to be given to the approved company; (3) Produce sufficient revenues and public demand to be operating and open to the public for a minimum of 200 days per year; and (4) Not adversely affect existing employment in the state. 48-8-245. The Department of Economic Development shall enter into an agreement with any approved company which may also include as a partner any local development authority, and the terms and provisions of each agreement shall include, but not be limited to: (1) The projected amount of approved costs, provided that any increase in approved costs incurred by the approved company and agreed to by the Department of Economic Development shall apply retroactively for purposes of calculating the carry forward for unused sales and use tax refunds as set forth in subsection (e) of Code Section 48-8-243 for tax years commencing on or after July 1, 2010; (2) A date certain by which the approved company shall have completed the new tourism attraction project and begun operations. Upon request from any approved company that has received final approval, the Department of Economic Development 2072 JOURNAL OF THE HOUSE shall grant an extension or change, which in no event shall exceed 18 months from the date of final approval, to the completion date as specified in the agreement with an approved company; and (3) A statement specifying the term of the agreement in accordance with subsection (c) of Code Section 48-8-243." SECTION 2. This Act shall become effective on July 1, 2010. SECTION 3. All laws and parts of law in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Y 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 Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M FRIDAY, MARCH 26, 2010 2073 Y Collins, D Y Collins, T Cooper Y Cox Y Harden, M Y Hatfield E Heard Y Heckstall Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Roberts Y Rogers Y Rynders Y Scott, A Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 656. By Representatives Barnard of the 166th and Lane of the 158th: 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. The report of the Committee, which was favorable to the 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 E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Knox Y Lane, B 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Scott, M Y Sellier Y Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT 2074 JOURNAL OF THE HOUSE Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Coleman Y Collins, D Y Collins, T Cooper Y Cox Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Lane, R Y Levitas E Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed. HB 1393. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Talton of the 145th and others: A BILL to be entitled an Act to amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, so as to provide for an exemption to the total local sales and use tax cap otherwise applicable; to provide such exemption for a certain tax levied for purposes of a metropolitan area system of public transportation which is first levied after January 1, 2010; to provide for nonapplicability of such certain tax; 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. FRIDAY, MARCH 26, 2010 2075 Code Section 48-8-6 of the Official Code of Georgia Annotated, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, is amended by revising subsection (b) as follows: "(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation: (1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in: (A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3)(4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (3)(4) of Code Section 48-8-200. The exception provided for under this paragraph subparagraph shall apply only during the period the tax under said subparagraph (a)(1)(D) is in effect. The exception provided for under this paragraph subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; or (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010. Such tax shall not apply to the following: (i) The sale or use of jet fuel to or by a qualify airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. For purposes of this division, a 'qualifying airport' means any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year; and 2076 JOURNAL OF THE HOUSE (ii) The sale of motor vehicles; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." SECTION 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 E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Horne Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Keen Y Keown Y Kidd Y Knight Knox Y Lane, B Y Lane, R Y Marin Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Neal Y Nix Y Oliver O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Scott, M Y Sellier Y Setzler Y Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker FRIDAY, MARCH 26, 2010 2077 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper N Cox E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Levitas E Lindsey Y Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers N Rynders Y Scott, A Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 142, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Cooper of the 41st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. The Speaker announced the House in recess until 8:45 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 Bill of the House was taken up for consideration and read the third time: HB 1023. By Representatives Graves of the 12th, Everson of the 106th, Lunsford of the 110th, Ramsey of the 72nd, Scott of the 2nd and others: A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2010; 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 an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read: 2078 JOURNAL OF THE HOUSE A BILL To enact the Jobs, Opportunity, and Business Success Act of 2010; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to provide for a short title; to provide for legislative intent; 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 provide for an income tax credit for certain qualified business investments for a limited period of time; to provide for a short title; to provide for legislative findings and intent; 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 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. (a) This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2010." (b) The General Assembly intends through the enactment of this Act to provide for tax relief and encourage employment opportunities and business stimulation. 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 (3) Annual registration ......................................................................................30.00 (4) Penalty for late filing of annual registration................................................25.00 (5) Agent's statement of resignation .................................................................No fee FRIDAY, MARCH 26, 2010 2079 (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...$5.00 per corporation but not less than ..............................................................................20.00 (12) Application for reinstatement....................................................................100.00 (13) Certificate of conversion ...........................................................................95.00 (14) Any other document required or permitted to be filed by this chapter 20.00 (b) In order to create a 'Year for Georgia Entrepreneurs,' for the period of time beginning July 1, 2010, and ending June 30, 2011, the fees specified in paragraph (1) of subsection (a) of this Code section shall be waived for applications filed electronically." SECTION 3. Said title is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows: "14-9-1101. (a) The Secretary of State shall charge and collect for filing: Document Fee (1) A certificate of limited partnership .............................................................$ 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 (8) Statement of change of address of registered agent or registered office... $5.00 per limited partnership but not less than ..................................................20.00 (9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership ............................................................100.00 (10) Certificate of election to become a limited partnership ............................80.00 (11) Certificate of conversion ...........................................................................95.00 (12) Application for reservation of a name.......................................................25.00 (13) Any other document required or permitted pursuant to this chapter ........20.00 (b) In order to create a 'Year for Georgia Entrepreneurs,' for the period of time beginning July 1, 2010, and ending June 30, 2011, the fees specified in paragraph (1) of subsection (a) of this Code section shall be waived for applications filed electronically." SECTION 4. Said title is further amended by revising Code Section 14-11-1101, relating to fees for filings related to limited liability companies, as follows: 2080 JOURNAL OF THE HOUSE "14-11-1101. (a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter: Document Fee (1) Articles of organization ........................................................................$ 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 fee (7) Certificate of termination .....................................................................No Fee 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 14-11- 703...............................................................................................................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) In order to create a 'Year for Georgia Entrepreneurs,' for the period of time beginning July 1, 2010, and ending June 30, 2011, the fees specified in paragraph (1) of subsection (a) of this Code section shall be waived for applications filed electronically." 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 to read 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 FRIDAY, MARCH 26, 2010 2081 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 shall become effective immediately upon the granting of the waiver. 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 upon such determination. (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, 2010, 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 paragraph. 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 for each 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 in 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 individual who has been hired more than once by the employer claiming the credit or for more than four calendar quarters for that one hiring; 2082 JOURNAL OF THE HOUSE (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 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 shall 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 for that 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 (17) to read as follows: "(17)(A) For the taxable year beginning on or after January 1 of the calendar year immediately following the state fiscal year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified to the commissioner in writing by the state auditor, and prior to January 1 of the next succeeding taxable year, there shall be subtracted from taxable income an amount equal to 25 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (B) For all taxable years beginning on or after January 1 of the taxable year next succeeding the taxable year specified in subparagraph (A) of this paragraph, there shall be subtracted from taxable income an amount equal to 50 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income." SECTION 7. Said title 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 FRIDAY, MARCH 26, 2010 2083 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 of the calendar year immediately following the state fiscal year in which the revenue shortfall reserve is funded at the level of $500 million or more as certified to the commissioner in writing by the state auditor, and prior to January 1 of the next succeeding taxable year, an amount equal to 25 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (B) For all taxable years beginning on or after January 1 of the taxable year next succeeding the taxable year specified in subparagraph (A) of this paragraph, an amount equal to 50 percent of the excess of the net long-term capital gain, over the net short-term capital loss included in Georgia taxable net income. (C) For purposes of this paragraph, the terms 'net long-term capital gain' and 'net short-term capital loss' shall mean the same as defined in Section 1222 of the Internal Revenue Code." SECTION 8. Said title is further amended by adding a new Code section to read as follows: "48-7-29.18. (a) As used in this Code section, the term: (1) 'Creditable employee' means an employee of an employer who: (A) Is first employed by the employer in this state on or after the effective date of this Code section and prior to July 1, 2011; (B) Was unemployed at least 13 weeks immediately prior to becoming so employed and was eligible to receive unemployment benefits during such time; (C) Remains so employed by the employer for at least 24 consecutive months; (D) Is employed by the employer in a net new job which did not previously exist rather than merely being employed by the employer to fill a vacant position; (E) 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 (F) During the entire period of such employment receives annual compensation in an amount at least equal to 180 percent of the poverty level. The commissioner shall establish and maintain rules governing the determination of the poverty level. The rules may use for this purpose the United States Department of Health and Human Services Poverty Guidelines or any other similar guidelines established by the federal government, if the commissioner determines that such federal guidelines reflect the poverty level of persons in the State of Georgia. (G) 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 (H) During the entire period of such employment receives annual compensation in an amount at least equal to 180 percent of the poverty level. The commissioner 2084 JOURNAL OF THE HOUSE shall establish and maintain rules governing the determination of the poverty level. The rules may use for this purpose the United States Department of Health and Human Services Poverty Guidelines or any other similar guidelines established by the federal government, if the commissioner determines that such federal guidelines reflect the poverty level of persons in the State of Georgia. (2) '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. (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. (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 of continuous prior service for the employer as a temporary employee of a staffing firm." SECTION 9. Said title is further amended by adding a new Code section to read as follows: "48-7-40.29. (a) This Code section shall be known and may be cited as the 'Angel Investor Income Tax Credit.' (b) The General Assembly finds that the welfare of the state is enhanced by a healthy entrepreneurial business environment and that ready sources of capital necessary to support this environment are not currently available in the state. (c) The intent of this Code section is to achieve the following: (1) To create the angel investor income tax credit program to encourage third-party investors to invest in early stage, innovative, wealth-creating businesses; (2) To facilitate the availability of equity investment in businesses in the early stages of commercial development; FRIDAY, MARCH 26, 2010 2085 (3) To expand the economy of the state by enlarging its base of wealth-creating businesses; and (4) To enlarge the number of high quality, high paying jobs within the state both to attract qualified individuals to move to and work within the state and to retain young people educated in Georgia. (d) As used in this Code section, the term: (1) 'Investment' means: (A) A contribution of cash or cash equivalents in a qualified Georgia business for common or preferred stock or subordinated debt that is convertible into, or entitles the holder to receive upon its exercise, common or preferred stock; (B) An interest in a partnership in which contribution of proceeds is not secured or guaranteed and is at risk or otherwise dependent solely upon the success of a qualified Georgia business and which proceeds are used solely for capital improvements, research and development, or working capital for such qualified Georgia business; and (C) A contribution of cash or cash equivalents by a pass-through entity domiciled in this state; provided, however, that funds constituting an investment cannot have been raised or be raised as a result of other tax incentive programs, cannot be composed of funds raised prior to January 1, 2011, and pooled or organized through capital placement agreements for the purpose of equity and venture capital investing, and cannot be composed of pooled capital in the form of hedge funds or commodities funds. Furthermore, the purchase of equity securities shall not qualify as an investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting the purchase. (2) 'Investor' means a taxpayer of this state. (3) 'Net income tax liability' means income tax liability reduced by all other credits allowed under this chapter. (4) 'Qualified Georgia business' means a business that is domiciled in this state, employs 20 or fewer people in this state, has gross annual sales of less than $500,000.00, has not obtained during its existence more than $1 million in aggregate gross cash proceeds from the issuance of its equity or debt investments not including commercial loans from chartered banking or savings and loan institutions, has a business net worth of less than $3 million. (e) For any investor making an investment in the 2010, 2011, 2012, 2013, or 2014 calendar year there shall be allowed an income tax credit that shall be deductible from such investor's net income tax liability, if any, imposed by this chapter for the taxable year commencing on January 1 of the second year following the year in which the investment was made as provided by this Code section. (f) For any investor that is a pass-through entity and purchases the equity securities or subordinated debt of a qualified Georgia business directly from that business there shall be allowed an income tax credit that shall be deductible from such investor's net income tax liability, if any, imposed by this chapter for the taxable year in which the investment 2086 JOURNAL OF THE HOUSE was made and the following two years as provided by this Code section; provided, however, that no credit under this Code section shall be allowed to a pass-through entity that has current committed capital under management in excess of $5 million or to a pass-through entity that is a qualified Georgia business. (g) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's net income tax liability. Any unused tax credit shall not be allowed the taxpayer against the succeeding two years' tax liabilities. No such tax credits shall be allowed the taxpayer against prior years' tax liability. (h) The aggregate amount of credit allowed a taxpayer for one or more investments in a single taxable year under this Code section, whether directly or indirectly, shall not exceed $50,000.00 or an amount equal to 50 percent of the aggregate amount of such investments in a single year, whichever is less. (i)(1) The credit claimed under this Code section shall be recaptured if in the two-year period after the date of the investment: (A) The qualified Georgia business or an interest in such business has been sold by the investor; or (B) The investor has withdrawn the investment wholly or partially from the qualified Georgia business. (2) The credit shall not be recaptured if the qualified Georgia business ceases business operations. (3) The recapture under this subsection shall be equal to 50 percent of the amount of the total tax credit claimed under this Code section. The amount of the credit recaptured shall apply only to the investment in the particular qualified business in which the investment was made. The amount of the recaptured tax credit determined under this subsection shall be added to the taxpayer's income tax liability for the taxable year in which the recapture occurs under this subsection. (j) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. (k)(1) The total aggregate amount of all tax credits allowed to investors or passthrough entities for investments made in the 2010 calendar year and claimed and allowed in the 2012 taxable year shall not exceed $10 million in such year. (2) The total aggregate amount of all tax credits allowed to investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $10 million in such year. (3) The total aggregate amount of all tax credits allowed to investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $10 million in such year. (4) The total aggregate amount of all tax credits allowed to investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $10 million in such year. (5) The total aggregate amount of all tax credits allowed to investors or pass-through entities for investments made in the 2014 calendar year and claimed and allowed in the 2016 taxable year shall not exceed $10 million in such year. FRIDAY, MARCH 26, 2010 2087 (l) The commissioner shall allow the tax credits on a first come, first served basis. (m) The taxpayer shall notify the department of the total amount of investment that the taxpayer intends to make before making the investment. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the investment within 30 days after receiving notice from the department of the preapproved amount. (n) No credit shall be claimed and allowed under this Code section for investments in any calendar year other than the calendar years specified in subsection (k) of this Code section. (o) In order for the taxpayer to claim the tax credit under this Code section, a letter of confirmation of investment issued by the qualified Georgia business to which the investment was made shall be attached to the taxpayers 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 investment shall contain the taxpayer's name, address, tax identification number, and the amount and date of the contribution." SECTION 10. Said title is further amended by revising Article 4 of Chapter 13, relating to the corporate net worth tax, in its entirety as follows: "ARTICLE 4 48-13-70. (a) For net worth taxable years beginning on or after January 1, 2011, 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 net worth 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. 2088 JOURNAL OF THE HOUSE SECTION 12. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read and adopted: Representative Lunsford of the 110th moves to amend the House Committee on Small Business Development and Job Creation substitute to HB 1023 (LC 18 8944S) by revising lines 3 through 6 to read as follows: business stimulation; to provide for a short title; to provide for legislative intent; to amend Title 34 of the Official Code By revising lines 12 through 18 to read as follows: individuals; to provide for an income tax credit for certain qualified business investments for a limited period of time; to provide for legislative findings and intent; 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 eliminate the corporate net worth tax; to provide for the effect of such elimination on liabilities and eligibilities; to provide that such elimination shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for other related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other By deleting lines 21 through 110. By striking "5." and inserting in its place "1." on line 111. By striking "6." and inserting in its place "2." on line 181. By striking the quotation marks at the end of line 196. By striking "$500 million" and inserting in its place "$1 billion" on line 187 and 204. By inserting between lines 196 and 197 the following: (C) For purposes of this paragraph, the terms 'net long-term capital gain' and 'net short-term capital loss' shall mean the same as defined in Section 1222 of the Internal Revenue Code." By striking "7." and inserting in its place "3." on line 197. By striking lines 215 through 387 and inserting in their place the following: FRIDAY, MARCH 26, 2010 2089 SECTION 4. Said title is further amended by adding a new Code section to read as follows: "48-7-40.29. (a) The General Assembly finds that entrepreneurial businesses significantly contribute to the economy of the state. The intent of this Code section is to achieve the following: (1) To encourage individual investors to invest in early stage, innovative, wealthcreating businesses; (2) To enlarge the number of high quality, high paying jobs within the state both to attract qualified individuals to move to and work within this state and to retain young people educated in Georgia's universities and colleges; (3) To expand the economy of Georgia by enlarging its base of wealth-creating businesses; and (4) To support businesses seeking to commercialize technology invented in Georgia's universities and colleges. (b) As used in this Code section, the term: (1) 'Allowable credit' means the credit as it may be reduced pursuant to subparagraph (3) of subsection (i) of this Code section. (2) 'Headquarters' means the principal central administrative office of a business located in this state which conducts significant operations of such business. (3) 'Net income tax liability' means income tax liability reduced by all other credits allowed under this chapter. (4) 'Pass-through entity' means a partnership, an S-corporation, or a limited liability company taxed as a partnership. (5) 'Professional services' means those services specified in paragraph (2) of Code Section 14-7-2 or any service which requires as a condition precedent to the rendering of such service the obtaining of a license from a state licensing board pursuant to Title 43. (6) 'Qualified business' means a registered business that: (A) Is either a corporation, limited liability company, or a general or limited partnership located in this state; (B) Was organized no more than three years before the qualified investment was made; (C) Has its headquarters located in this state at the time the investment was made and has maintained such headquarters for the entire time the qualified business benefitted from the tax credit provided for pursuant to this Code section; (D) Employs 20 or fewer people in this state at the time it is registered as a qualified business; (E) Has had in any complete fiscal year before registration gross annual revenue as determined in accordance with the Internal Revenue Code of $500,000.00 or less on a consolidated basis; (F) Has not obtained during its existence more than $1 million in aggregate gross cash proceeds from the issuance of its equity or debt investments, not including commercial loans from chartered banking or savings and loan institutions; 2090 JOURNAL OF THE HOUSE (G) Has not utilized the tax credit described in Code Section 48-7-40.26; (H) Is primarily engaged in manufacturing, processing, online and digital warehousing, online and digital wholesaling, software development, information technology services, research and development, or a business providing services other than those described in subparagraph (I) of this paragraph; and (I) Does not engage substantially in: (i) Retail sales; (ii) Real estate or construction; (iii) Professional services; (iv) Gambling; (v) Natural resource extraction; (vi) Financial, brokerage, or investment activities or insurance; or (vii) Entertainment, amusement, recreation, or athletic or fitness activity for which an admission or membership is charged. A business shall be substantially engaged in one of the above activities if its gross revenue from such activity exceeds 25 percent of its gross revenues in any fiscal year or it is established pursuant to its articles of incorporation, articles of organization, operating agreement or similar organizational documents to engage as one of its primary purposes such activity. (7) 'Qualified investment' means an investment by a qualified investor of cash in a qualified business for common or preferred stock or an equity interest or a purchase for cash of qualified subordinated debt in a qualified business; provided, however, that funds constituting a qualified investment cannot have been raised or be raised as a result of other tax incentive programs. Furthermore, no investment of common or preferred stock or an equity interest or purchase of subordinated debt shall qualify as a qualified investment if a broker fee or commission or a similar remuneration is paid or given directly or indirectly for soliciting such investment or purchase. (8) 'Qualified investor' means an accredited investor as that term is defined by the United States Securities and Exchange Commission who is: (A) An individual person who is a resident of this state or a nonresident who is obligated to pay taxes imposed by this chapter; or (B) A pass-through entity which is formed for investment purposes, has no business operations, has committed capital under management of equal to or less than $5 million, and is not capitalized with funds raised or pooled through private placement memoranda directed to institutional investors. A venture capital fund or commodity fund with institutional investors or a hedge fund shall not qualify as a qualified investor. (9) 'Qualified subordinated debt' means indebtedness that is not secured, that may or may not be convertible into common or preferred stock or other equity interest, and that is subordinated in payment to all other indebtedness of the qualified business issued or to be issued for money borrowed and no part of which has a maturity date less than five years after the date such indebtedness was purchased. FRIDAY, MARCH 26, 2010 2091 (10) 'Registered' or 'registration' means that a business has been certified by the commissioner as a qualified business at the time of application to the commissioner. (c) A qualified business shall register with the commissioner for purposes of this Code section. Approval of such registration shall constitute certification by the commissioner for 12 months after being issued. A business shall be permitted to renew its registration with the commissioner so long as, at the time of renewal, the business remains a qualified business. (d) Any individual person making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 20 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. (e) Any pass-through entity making a qualified investment directly in a qualified business in the 2011, 2012, or 2013 calendar year shall be allowed a tax credit of 20 percent of the amount invested against the tax imposed by this chapter commencing on January 1 of the second year following the year in which the qualified investment was made as provided in this Code section. Each individual who is a shareholder, partner, or member of an entity shall be allocated the credit allowed the pass-through entity in an amount determined in the same manner as the proportionate shares of income or loss of such pass-through entity would be determined. If an individual's share of the passthrough entity's credit is limited due to the maximum allowable credit under this Code section for a taxable year, the pass-through entity and its owners may not reallocate the unused credit among the other owners. (f) Tax credits claimed pursuant to this Code section shall be subject to the following conditions and limitations: (1) The qualified investor is not eligible for the credit for the taxable year in which the qualified investment is made but shall be eligible for the credit for the second taxable year beginning after the qualified investment is made as provided in subsection (d) or (e) of this Code section; (2) The aggregate amount of credit allowed an individual for one or more qualified investments in a single taxable year under this Code section, whether made directly or by a pass-through entity and allocated to such individual, shall not exceed $30,000.00; (3) In no event shall the amount of the tax credit allowed an individual under this Code section for a taxable year exceed such individual's net income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the qualified investment was made. No such credit shall be allowed against prior years' tax liability; (4) The qualified investor's basis in the common or preferred stock, equity interest, or subordinated debt acquired as a result of the qualified investment shall be reduced for purposes of this chapter by the amount of the allowable credit; (5) The credit shall not be transferrable by the qualified investor except to the heirs and legatees of the qualified investor upon his or her death and to his or her spouse or incident to divorce; and 2092 JOURNAL OF THE HOUSE (6) To be eligible for the credit provided in this Code section, the qualified investor must file an application for the credit with the commissioner on or before June 30 of the year following the calendar year in which the qualified investment was made. (g) The registration of a business as a qualified business shall be subject to the following conditions and limitations: (1) If the commissioner finds that any of the information contained in an application of a business for registration under this Code section is false, the commissioner shall revoke the registration of such business. The commissioner shall not revoke the registration of a business solely because it ceases business operations for an indefinite period of time, as long as the business renews its registration; (2) A registration as a qualified business may not be sold or otherwise transferred, except that, if a qualified business enters into a merger, conversion, consolidation, or other similar transaction with another business and the surviving company would otherwise meet the criteria for being a qualified business, the surviving company retains the registration for the 12 month registration period without further application to the commissioner. In such a case, the qualified business must provide the commissioner with written notice of the merger, conversion, consolidation, or similar transaction and such other information as required by the commissioner; and (3) The commissioner shall report to the House Committee on Ways and Means and the Senate Finance Committee each year all of the businesses that have registered with the commissioner as a qualified business. The report shall include the name and address of each business, the location of its headquarters, a description of the types of business in which it engages, the number of jobs created by the business during the period covered by the report, and the average wages paid by these jobs. (h) Any credit claimed under this Code section shall be recaptured in the following situations and shall be subject to the following conditions and limitations: (1) If within two years after the qualified investment was made, the qualified investor transfers any of the securities or subordinated debt received in the qualified investment to another person or entity, other than a transfer resulting from one of the following: (A) The death of the qualified investor; (B) A transfer to the spouse of the qualified investor or incident to divorce; or (C) A merger, conversion, consolidation, sale of the qualified business's assets, or similar transaction requiring approval by the owners of the qualified business under applicable law, to the extent the qualified investor does not receive cash or tangible property in such merger, conversion, consolidation, sale, or other similar transaction; (2) Except as provided in paragraph (1) of this subsection, if within five years after the qualified investment was made, the qualified business makes a redemption with respect to the securities received or pays any principal of the subordinated debt; (3) If within two years after the qualified investment was made, the qualified investor participates in the operation of the qualified business. For the purpose of this paragraph, a qualified investor participates in the operation of a qualified business if FRIDAY, MARCH 26, 2010 2093 the qualified investor, or the qualified investor's spouse, parent, sibling, or child, or a business controlled by any of these individuals, provides services of any nature to the qualified business for compensation, whether as an employee, a contractor, or otherwise. However, a person who provides uncompensated professional advice to a qualified business whether as an officer, a member of the board of directors or managers or otherwise or participates in a stock or membership option or stock or membership plan, or both, shall be eligible for the credit; (4) The amount of the credit recaptured shall apply only to the qualified investment in the particular qualified business in which the investment was made; (5) The amount of the recaptured tax credit determined under this subsection shall be added to the qualified investor's income tax liability for the taxable year in which the recapture occurs under this subsection; and (6) In the event the credit is recaptured because the qualified business ceases business operations, dissolves, or liquidates, the qualified investor may claim either the credit authorized under this Code section or any capital loss the qualified investor otherwise would be able to claim regarding that qualified business, but shall not be authorized to claim and be allowed both. (i)(1) A qualified investor seeking to claim a tax credit provided for under this Code section must submit an application to the commissioner for tentative approval of such tax credit between September 1 and October 31 of the year for which the tax credit is claimed or allowed. The commissioner shall promulgate the rules and forms on which the application is to be submitted. Amounts specified on such application shall not be changed by the qualified investor after the application is approved by the commissioner. The commissioner shall review such application and shall tentatively approve such application upon determining that it meets the requirements of this Code section. (2) The commissioner shall provide tentative approval of the applications by the date provided in paragraph (3) of this subsection as follows: (A) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2011 calendar year and claimed and allowed in the 2013 taxable year shall not exceed $3 million in such year; (B) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2012 calendar year and claimed and allowed in the 2014 taxable year shall not exceed $3 million in such year; and (C) The total aggregate amount of all tax credits allowed to qualified investors or pass-through entities for investments made in the 2013 calendar year and claimed and allowed in the 2015 taxable year shall not exceed $3 million in such year. (3) The commissioner shall notify each qualified investor of the tax credits tentatively approved and allocated to such qualified investor by December 31 of the year in which the application was submitted. In the event that the credit amounts on the tax credit applications filed with the commissioner exceed the maximum aggregate limit of tax credits under this subsection, then the tax credits shall be allocated among the qualified investors who filed a timely application on a pro rata 2094 JOURNAL OF THE HOUSE basis based upon the amounts otherwise allowed by this Code section. Once the tax credit application has been approved and the amount approved has been communicated to the applicant, the qualified investor may then apply the amount of the approved tax credit to its tax liability for the tax year for which the approved application applies. (j) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." By revising line 388 through 404 to read as follows: SECTION 5. Said title is further amended by revising Article 4 of Chapter 13, relating to the corporate net worth tax, in its entirety as follows: "ARTICLE 4 48-13-70. (a) For net worth taxable years beginning on or after January 1, 2012, 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 net worth 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 January 1, 2012. (c) The revision of this article pursuant to this Code section shall not abate any prosecution, punishment, penalty, administrative proceedings or remedies, or civil action related to any violation of law committed prior to January 1, 2012." 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 5 of this Act shall become effective on January 1, 2012. SECTION 7. 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: FRIDAY, MARCH 26, 2010 2095 Abdul-Salaam N Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 N Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Hatfield E 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 E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd 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 Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 8. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. House of Representatives Atlanta, Georgia 30334 This version of HB 1023 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 1023. 2096 JOURNAL OF THE HOUSE /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 the requisite constitutional majority the following bills of the Senate: SB 143. By Senators Brown of the 26th, Rogers of the 21st, Staton of the 18th, Seay of the 34th, Golden of the 8th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change certain provisions relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and telecommunications conferences; to change certain provisions relating to excluded proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 336. By Senators Butler of the 55th, Jones of the 10th, Stoner of the 6th, Ramsey, Sr. of the 43rd, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 43-4B-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Athletic and Entertainment Commission, so as to include the Georgia Boxing Association as a recognized governing body for amateur boxing, wrestling, and martial arts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 407. By Senators Hill of the 32nd, Rogers of the 21st, Thomas of the 54th, Seabaugh of the 28th, Hawkins of the 49th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide for legislative intent; to provide definitions; to authorize the Commissioner of Insurance to authorize insurers to offer individual medical and surgical health insurance policies in Georgia that have been approved for issuance in selected other states; to authorize the Commissioner of Insurance to initiate a multi-state consortium for the establishment of reciprocity agreements allowing the sale of individual medical and surgical health FRIDAY, MARCH 26, 2010 2097 insurance policies among the participating states as a single entity; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 482. By Senator Hudgens of the 47th: A BILL to be entitled an Act to amend Code Section 33-59-2 of the Official Code of Georgia Annotated, relating to definitions relative to life settlements, so as to revise certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 515. By Senators Smith of the 52nd, Shafer of the 48th, Rogers of the 21st and Butterworth of the 50th: 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 enact the "Educators' Salary Protection Act"; to provide for a short title; to prohibit furloughs of local school system personnel when local reserve funds are available; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 517. By Senators Heath of the 31st, Rogers of the 21st, Seabaugh of the 28th, Cowsert of the 46th, Smith of the 52nd 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 general provisions regarding ad valorem taxation, so as to revise and change certain provisions regarding the manner and time of making the state ad valorem tax levy; to provide for a contingent effective date; to provide for applicability; to provide for automatic repeal under certain circumstances; to provide that this Act shall not abate or affect prosecutions, punishments, penalties, administrative proceedings or remedies, or civil actions related to certain violations; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. SB 518. By Senators Mullis of the 53rd, Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to require a study of the pledge of allegiance to the flag of the United States and the Georgia flag as a part of the required studies regarding American institutions and ideals; to provide for related matters; to repeal conflicting laws; and for other purposes. 2098 JOURNAL OF THE HOUSE The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1075. By Senators Mullis of the 53rd, Bulloch of the 11th and Heath of the 31st: A RESOLUTION dedicating the CSA Army of Tennessee Highway; 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 938. By Representatives Peake of the 137th, Rice of the 51st, Ramsey of the 72nd, Lindsey of the 54th, Williams of the 178th 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 wireless telecommunications devices for sending or reading text messages 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: 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 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 exempt headsets used for communication purposes; 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 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 FRIDAY, MARCH 26, 2010 2099 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 driving2 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 Operating a vehicle while engaging in a wireless communication (under 18) ........................................................................................... 2 points All other moving traffic violations which are not speed limit violations ...........................................................................................3 points" SECTION 2. Said title is further amended by inserting a new Code section to read as follows: "40-5-57.4. (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. (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." 2100 JOURNAL OF THE HOUSE 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. (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 FRIDAY, MARCH 26, 2010 2101 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 causes 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 any evidence that such operator was engaging in a wireless communication at the time of the accident." SECTION 5. Said Title is further amended in Code Section 40-6-250 of the Official Code of Georgia Annotated, relating to wearing a device which impairs hearing or vision while operating a motor vehicle, as follows: "40-6-250. No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operating a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code section shall not apply to any law enforcement officer or firefighter equipped with any communications device necessary in the performance of such person's duties." SECTION 6. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. The following amendment was read: Representative Peake of the 137th et al. move to amend the House Committee on Public Safety and Homeland Security substitute to HB 938 (LC 35 1849S) by inserting after the first semicolon on line 6: to prohibit writing, sending, or reading a text based communication by any person while operating a motor vehicle; 2102 JOURNAL OF THE HOUSE By striking lines 37 and 38 and inserting in place thereof the following: Operating a vehicle while engaging in prohibited wireless communication ................................................................................... 2 points By inserting after the word "violating" on line 45 "paragraph (1) of subsection (b) of". By inserting immediately after the designation (b) on line 76 the designation (1). By inserting between lines 79 and 80 the following: (2) No person shall operate a motor vehicle on any public road or highway of this state while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, electronic mail, or Internet data. By striking lines 80 through 88 and inserting in place thereof the following: (c) The provisions of this Code section shall not apply to: (1) A person reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the person reasonably believes a person's health or safety is in immediate jeopardy; (2) A person reporting the perpetration or potential perpetration of a crime; (3) A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency; (4) A law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or (5) A person engaging in wireless communication while in a motor vehicle which is lawfully parked. By inserting after the word "and" on line 99 "in the case of a violation of paragraph (1) of subsection (b) of this Code section". On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Crawford N Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Hembree Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Marin E Martin Y Maxwell N May Y Mayo N McCall Y McKillip Y Meadows N Scott, M Y Sellier N Setzler N Shaw Sheldon N Sims, B Y Sims, C Y Sinkfield FRIDAY, MARCH 26, 2010 2103 N Barnard N Battles N Bearden E Beasley-Teague N Bell Y Benfield Y Benton E Black N Brooks N Bruce N Bryant Y Buckner N Burkhalter Y Burns N Butler N Byrd Y Carter N Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox N Dollar Y Dooley Y Drenner Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner N Harbin Y Harden, B N Harden, M N Hatfield E Heard N Heckstall Hudson Y Hugley E Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B N Lane, R N Levitas Y Lindsey N Long N Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham Manning Y Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J N Pruett Y Purcell E Ramsey N Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Rynders Y Scott, A N Smith, B Y Smith, E Smith, K N Smith, L Y Smith, R Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton N Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the amendment, the ayes were 102, nays 55. The amendment was adopted. Due to a mechanical malfunction, the vote of Representative Smith of the 168th was not recorded on 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: Abdul-Salaam Y Abrams N Allison E Amerson Y Anderson Y Ashe Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Hembree Henson N Hill, C Y Hill, C.A Y Holt N Horne Y Marin E Martin Y Maxwell N May Y Mayo N McCall N Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Sims, B 2104 JOURNAL OF THE HOUSE Y Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague N Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter 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 Dobbs Dodson Y Dollar Y Dooley Y Drenner N 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 E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B N Harden, M N Hatfield E Heard N Heckstall Y Houston Y Howard Y Hudson Y Hugley E Jackson Y Jacobs E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B N 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 McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey N Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Rynders Y Scott, A Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton N Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 31. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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. House of Representatives Atlanta, Georgia 30334 This version of HB 938 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 938. /s/ Bobby Franklin Representative, District 43 FRIDAY, MARCH 26, 2010 2105 The Speaker Pro Tem assumed the Chair. HB 1184. By Representatives Ramsey of the 72nd, Graves of the 12th, Cole of the 125th, Pruett of the 144th, May of the 111th and others: A BILL to be entitled an Act to amend Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for minimum standards for such policies; to provide for certain notices; to provide for examinations of such insurers; to authorize the Commissioner of Insurance to adopt rules and regulations; to authorize the Commissioner of Insurance to explore and initiate reciprocity agreements with other states; 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 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states; to provide for legislative findings; to provide for definitions; to provide for minimum standards for such policies; to provide for certain notices; to authorize the Commissioner of Insurance to adopt rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, is amended by adding a new article to read as follows: "ARTICLE 3 33-29A-30. The General Assembly recognizes the high level of uninsured individuals in this state and the need for individuals or other purchasers of health insurance coverage in this state to have the opportunity to choose health insurance plans that are more affordable and flexible than existing market policies offering accident and sickness insurance coverage. Therefore, the General Assembly seeks to increase the availability of health 2106 JOURNAL OF THE HOUSE insurance coverage by allowing insurers authorized to transact insurance in other states to issue individual accident and sickness policies in Georgia. 33-29A-31. The Commissioner shall approve for sale in Georgia any individual accident and sickness insurance policy that has been approved for issuance in another state where the insurer is authorized to transact insurance so long as the insurer's affiliate or subsidiary is also authorized to transact insurance in this state pursuant to Chapter 3 of this title and provided that any such policy meets the requirements set forth in this article. Additionally, any insurer authorized to transact insurance in this state can offer an individual accident and sickness insurance policy with benefits equivalent to those in any policy approved for sale in Georgia under this article, provided that any such offered policy meets the requirements set forth in this article. For purposes of this article, the term 'individual accident and sickness insurance policy' means any policy insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future but does not include limited benefit insurance policies exempted from the definition of the term 'health benefit policy' in paragraph (1.1) of Code Section 33-1-2. 33-29A-32. (a) Any insurer selling an insurance policy pursuant to this article, and any policy approved by this article, shall satisfy actuarial standards set forth by the National Association of Insurance Commissioners (NAIC) and any regulation promulgated by the Commissioner that is not inconsistent with such NAIC standards. Any insurer selling an insurance policy pursuant to this article, and any policy approved pursuant to this article, shall, except as otherwise provided in this article, comply with the requirements of this title and the regulations promulgated by the Commissioner. (b) The Commissioner shall have the authority to determine whether any policy sold pursuant to this article satisfies the requirements set forth in this Code section in the same manner as he or she does with an individual accident and sickness insurance policy approved pursuant to another applicable chapter in this title. (c) Any policy sold pursuant to this article shall comply with paragraph (3) of subsection (c) of Code Section 9-9-2 and shall not require the insured or his or her beneficiary to arbitrate disputes arising under the policy. 33-29A-33. (a) Each written application for a policy sold pursuant to this article shall contain the following language in boldface type at the beginning of the document: 'The benefits of this policy may primarily be governed by the laws of a state other than Georgia; therefore, all of the laws applicable to policies filed in this state may not apply to this policy. Any purchase of individual health insurance should be considered carefully since future medical conditions may make it impossible to qualify for another individual health insurance policy.' FRIDAY, MARCH 26, 2010 2107 (b) Each policy sold pursuant to this article shall contain the following language in boldface type at the beginning of the document: 'The benefits of this policy providing your coverage may be governed primarily by the laws of a state other than Georgia. The benefits covered may be different from other policies you can purchase. Please consult your insurance agent or insurer to determine which health benefits are covered under this policy.' 33-29A-34. (a) The Commissioner shall adopt rules and regulations necessary to implement this article, which shall include, but shall not be limited to, standard forms for the disclosure of benefits. (b) Any dispute resolution mechanism or provision for notice and hearing in this title shall apply to insurers issuing and delivering policies pursuant to this article." 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 Y Allison E Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield Y Benton E Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Dodson Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J N Jones, S N Jordan N Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker 2108 JOURNAL OF THE HOUSE N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N Heckstall Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham N Manning Y Purcell E Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 108, nays 55. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to HB 1184. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams N Allison E Amerson N Anderson Y Ashe N Austin Baker N Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield N Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman Crawford N Davis Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs Dodson N Dollar Y Dooley Y Drenner Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick E Gordon Greene N Hamilton E Hanner Harbin N Harden, B N Hembree Y Henson N Hill, C Hill, C.A N Holt N Horne N Houston Howard E Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Johnson Jones, J Y Jones, S Jordan Y Kaiser N Keen E Keown Y Kidd N Knight N Knox N Lane, B N Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford Y Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Morgan N Morris Y Mosby Murphy N Neal N Nix Y Oliver N O'Neal N Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett N Purcell E Ramsey Y Randall Y Reece N Reese N Rice N Scott, M N Sellier N Setzler N Shaw N Sheldon N Sims, B N Sims, C Y Sinkfield N Smith, B Y Smith, E N Smith, K N Smith, L N Smith, R N Smith, T Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M FRIDAY, MARCH 26, 2010 2109 N Collins, D Collins, T N Cooper N Cox N Harden, M N Hatfield E Heard Y Heckstall N Maddox, B N Maddox, G Y Mangham Manning N Roberts N Rogers N Rynders N Scott, A N Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 52, nays 98. The motion was lost. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR #3 FRIDAY, MARCH 26, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HB 51 HB 852 HB 897 HB 911 HB 985 HB 1195 HB 1265 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions (Substitute)(PS&HS-Day-163rd) Used cars; nondisclosure of known defects by seller; provide penalty (Substitute)(Judy-Rice-51st) Sexual offenses; assault against persons in custody; change certain provisions (Substitute)(JudyNC-Collins-27th) Ethics; public officers; requirement to file and pay taxes; provisions (Substitute)(Eth-Hill-21st) Income tax returns; contributions for education and multiple sclerosis; authorize (Substitute)(W&M-Fludd-66th) Labor and industrial relations; Georgia Workforce Investment Board; create (Substitute)(IndR-England-108th) Penal institutions; types of insurance coverage jails may reimburse; clarify (SI&P-Pruett-144th) 2110 JOURNAL OF THE HOUSE HB 1300 HB 1309 HB 1338 HR 1086 HR 1087 Lead poisoning; identification and abatement of hazards; revise provisions (Substitute)(C&Y-Manning-32nd) Controlled substances; add synthetic cannabinoids to Schedule I list; provide (Substitute)(JudyNC-Neal-1st) Disability parking laws; appointed law enforcer have disability; remove requirement (Substitute)(PS&HS-Wilkinson-52nd) Health care system; no law shall compel participation; provide - CA (H&HS-Hill-21st) Tax defaulters; ineligible for public office; revise and strengthen - CA (Substitute)(Eth-Hill-21st) Structured Rule HB 971 Income tax payment; refund or waiver of de minimis overpayments and insufficiencies; provide (Substitute)(W&M-Black-174th) Bills and Resolutions on this calendar may be called in any order the Speaker desires. Respectfully submitted, /s/ Hembree of the 67th Chairman 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 1338. By Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd and others: A BILL to be entitled an Act to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; 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 FRIDAY, MARCH 26, 2010 2111 To amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; to provide immunity for a person appointed to enforce these laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, is amended by revising subsections (a) and (c) as follows: "(a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony, and is a person with disabilities as defined in paragraph (5) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section." "(c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipality, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-226. No person appointed pursuant to this Code section shall be liable on account of any act or omission in connection with such person's enforcement of the provisions of Code Section 40-6-226." SECTION 2. This Act shall become effective on July 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. 2112 JOURNAL OF THE HOUSE On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison E Amerson Y Anderson Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield Y Benton E Black Y Brooks Y Bruce Y Bryant Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd 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 Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 152, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1195. By Representatives England of the 108th, Cox of the 102nd, Coan of the 101st, Pruett of the 144th and Everson of the 106th: A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to FRIDAY, MARCH 26, 2010 2113 provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to create the Georgia Workforce Investment Board; to provide for definitions; to provide for the membership of said board; to provide for the board's powers, functions, and funding; to establish the Governor's Office of Workforce Development; to establish Georgia Work Ready; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by repealing Chapter 14, relating to the Governor's Employment and Training Council, and enacting a new Chapter 14 to read as follows: "CHAPTER 14 34-14-1. As used in this chapter, the term: (1) 'Board' means the Georgia Workforce Investment Board. (2) 'Director' means the executive director of the Governor's Office of Workforce Development. (3) 'Federal law' means the Workforce Investment Act of 1988, Public Law 105-220. (4) 'Georgia Work Ready' means the state's branded workforce development enterprise implemented by the Governor's Office of Workforce Development that links education and workforce development together and aligns to the economic development needs at the local, regional, and state levels. 34-14-2. (a) Pursuant to the Workforce Investment Act of 1998, Public Law 105-220, there is created the Georgia Workforce Investment Board. (b) The board shall consist of members to be selected by the Governor consistent with federal law requirements, two members of the House of Representatives, appointed by the Speaker of the House, and two members of the Senate, appointed by the Lieutenant 2114 JOURNAL OF THE HOUSE Governor. A majority of the members of the board shall be representatives of businesses in this state. Other members may include, but shall not be limited to, representatives of individuals and organizations that have experience and expertise in education, the economy, the workforce, and labor. (c) The chairperson of the board shall be appointed by the Governor. Other officers shall be elected or otherwise selected as determined by the Governor. (d) The members of the board shall serve such terms as established by the Governor, and the members shall continue at the discretion of the Governor, except for the members of the House of Representatives and the Senate, who shall continue at the discretion of the Speaker of the House and the Lieutenant Governor, respectively. (e) The board shall have such powers and duties as specified by the Governor and as provided by federal law. (f) The board shall adopt bylaws to guide its proceedings. (g) The board shall be funded by federal law as provided in this chapter. (h) The board shall be attached to the Office of Planning and Budget for administrative purposes only. (i) Each member of the board who is not otherwise a state officer or employee shall be authorized to receive reimbursement for reasonably necessary travel expenses incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Should funds not be available or allowable for this purpose, such members shall serve without compensation. Each member of the board who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for reasonably necessary travel expenses actually incurred in the performance of his or her duties as a member of the board, provided that such funds are available and such reimbursements are allowable under federal law. Except as otherwise provided in this subsection, members of the board shall receive no compensation for their services. (j) The board shall be authorized to consult with and form committees with members and persons knowledgeable on the subject matter at issue in order to carry out effectively its duties. Such consultants shall serve without compensation but shall be reimbursed for travel and other reasonable and necessary expenses incurred while attending meetings of or on behalf of the board, provided that such travel and other expenses are approved by the director and such reimbursements are allowable under federal law. (k) The Governor's Office of Workforce Development shall be authorized to employ and contract with other individuals and organizations as needed to assist in executing the board's responsibilities, provided that funds are available for such expenditures and such expenditures are allowable under federal law. (l) All state departments, institutions, agencies, commissions, councils, authorities, boards, bureaus, or other entities of the state shall provide all information and support as required by the board to perform its duties. FRIDAY, MARCH 26, 2010 2115 34-14-3. (a) The Governor's Office of Workforce Development is hereby established to implement state workforce development policy as directed by the Governor and to serve as staff to the board. (b) The Governor's Office of Workforce Development shall have an executive director appointed by the Governor whose duties are to implement state-wide workforce development policy as directed by the Governor, to serve as workforce development policy advisor to the Governor, and to serve as executive director to the board. (c) The Governor's Office of Workforce Development shall be attached to the Office of Planning and Budget for administrative purposes only. 34-14-4 (a) The annual allocation reserved by federal law for state-wide workforce activities and administration, known as the 'Governor's discretionary funds,' shall be reserved for use by the Governor to support state-wide workforce activities recommended by the board and within parameters set forth in Section 128 of the Workforce Investment Act of 1988, Public Law 105-220, and may be implemented through the creation of the Georgia Work Ready program. (b) Nothing in this chapter shall be construed to require any appropriation of state funds." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs Y Marin Y Martin Y Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L 2116 JOURNAL OF THE HOUSE Y Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter 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 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 E Gordon Y Greene Y Hamilton E Hanner Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd 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 Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 155, nays 5. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Hill of the 21st moved that the following Resolution of the House be withdrawn from the Rules Calendar and placed on the General Calendar: HR 1087. By Representatives Hill of the 21st, Keen of the 179th, Rice of the 51st, Lindsey of the 54th, Porter of the 143rd and others: A RESOLUTION proposing an amendment to the Constitution so as revise and strengthen the provisions making tax defaulters ineligible for public office and provide for the release of otherwise confidential tax information for purposes of enforcement; to provide for submission of this amendment for ratification or rejection; and for other purposes. The motion prevailed. Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time: FRIDAY, MARCH 26, 2010 2117 HR 1648. 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 urging the commissioner of public safety and the commissioner of transportation to act jointly to remove the current restriction and increase the maximum speed limit on Interstate 185 in ColumbusMuscogee County from the current 55 miles per hour to 65 miles per hour where standard road designs allow such increased speed; and for other purposes. The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to. On the adoption of the Resolution, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Bearden E Beasley-Teague Y Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 E Gordon Y Greene Y Hamilton E Hanner Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Jones, J Y Jones, S Jordan Y Kaiser Y Keen E Keown Y Kidd 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 Murphy Y Neal Y Nix Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E 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 Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker 2118 JOURNAL OF THE HOUSE On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted. Due to a mechanical malfunction, the vote of Representative Jordan of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. Representative Murphy of the 120th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1309. By Representatives Neal of the 1st, Everson of the 106th, England of the 108th, Collins of the 27th, Dickson of the 6th and others: A BILL to be entitled an Act to amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, so as to add synthetic cannabinoids known as synthetic marijuana or K2 to the Schedule I controlled substances list; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WHEREAS, the General Assembly finds that there is a growing use of the unregulated synthetic cannabinoids commonly known as K2 or synthetic marijuana; and WHEREAS, preliminary studies indicate that the three synthetic cannabinoid substances unregulated in Georgia are from three to over 100 times more potent than THC, the active ingredient found in marijuana; and WHEREAS, many states as well as the federal government have already included one or more of these chemical compounds on Schedules of Controlled Substances, but none of these chemicals are currently listed on Georgia's Schedule of Controlled Substances; and FRIDAY, MARCH 26, 2010 2119 WHEREAS, synthetic cannabinoids are referred to as the new marijuana, and K2 is gaining in popularity at an alarming rate among high school and college students and persons on probation and parole; and WHEREAS, while having the same or stronger physiological effects as high potency marijuana, synthetic marijuana or K2 does not show a positive reading in an urinalysis test which adds to the desirability and increased growth among drug abusers and increases the threat to public health and safety by avoiding detection; and WHEREAS, the General Assembly should address the growing threat of synthetic cannabinoids to the health, safety, and welfare of our citizens before the problem becomes epidemic in the State of Georgia. SECTION 1. Code Section 16-13-25 of the Official Code of Georgia Annotated, relating to Schedule I controlled substances, is amended by replacing the period with a semicolon at the end of paragraph (11) and by adding a new paragraph to read as follows: "(12) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation: (A) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); (B) 1,1-dimethylheptyl-11-hydroxy-delta-8-tetrahydrocannabinol (HU-210; (6a, 10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol); (C) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (CP 47,497)." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to. On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Allison Y Crawford Y Davis Y Dawkins-Haigler Y Hembree Y Henson Y Hill, C Y Marin Y Martin Y Maxwell Scott, M Y Sellier Y Setzler 2120 JOURNAL OF THE HOUSE E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Day Y Dempsey Y Dickson Y Dobbs Dodson 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 N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Greene Y Hamilton E Hanner Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Hill, C.A Y Holt Y Horne Y Houston Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd Y Knight 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 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 Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece Y Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed, by substitute. Representative Howard of the 121st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 1272. By Representative Collins of the 95th: 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 FRIDAY, MARCH 26, 2010 2121 education regarding and alleviation of lupus and kidney disease; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Chapter 12 of Title 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 lupus and kidney disease research; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Community Health and Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 adding a new Code section to read as follows: "31-12-15. (a) The General Assembly finds that it is in the best interest of the state to provide for lupus and kidney disease 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 lupus and kidney disease 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 'Lupus and Kidney Disease 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 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 contracts for lupus and kidney disease research. (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 2122 JOURNAL OF THE HOUSE 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 Services, and, upon request, to members of the public. (e)(1) Each Georgia individual income tax return form for taxable years beginning on or after January 1, 2010, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Lupus and Kidney Disease 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. 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 E Amerson Y Anderson Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Marin Y Martin Y Maxwell Y May Y Mayo Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon FRIDAY, MARCH 26, 2010 2123 Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd Y Fludd N Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Greene N Hamilton E Hanner Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Horne Y Houston Y Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd 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 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 Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 147, nays 10. The Bill, having received the requisite constitutional majority, was passed, by substitute. HB 1431. By Representatives Collins of the 27th, Harbin of the 118th, Keen of the 179th, Lindsey of the 54th, Rogers of the 26th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the O.C.G.A., relating respectively to aviation, conservation and natural resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to abolish the State Properties Commission and the State Personnel Administration and provide for the transfer of the functions of those agencies to the Georgia Services Administration; to amend numerous provisions of the Official Code 2124 JOURNAL OF THE HOUSE of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal conflicting laws; and for other purposes. The following Committee substitute was read and adopted: A BILL To amend Titles 6, 12, 45, and 50 of the Official Code of Georgia Annotated, relating respectively to aviation, conservation and natural resources, public officers and employees, and state government, so as to provide for an extensive revision of the structure and functions of certain executive branch agencies; to create the Georgia Services Administration as a successor agency to the Department of Administrative Services; to abolish the State Properties Commission and the State Personnel Administration and provide for the transfer of the functions of those agencies to the Georgia Services Administration; to provide for administrative assignment to the Georgia Services Administration for the Georgia Aviation Authority, the State Accounting Office, the Office of Treasury and Fiscal Services, the Georgia Building Authority, the Office of State Administrative Hearings, and the Georgia Technology Authority; to amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal specific laws; to provide for transition with respect to effectiveness of rules and regulations; to provide for transfers of appropriations and personnel, facilities, and equipment; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Chapter 5, relating to the Department of Administrative Services, as follows: "CHAPTER 5 ARTICLE 1 50-5-1. There is created a the Georgia Services Administration which shall operate as provided in this chapter and as otherwise provided by law and shall be a successor agency to the Department of Administrative Services, the State Personnel Administration, and the State Properties Commission. The department head of the Georgia Services Administration is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall FRIDAY, MARCH 26, 2010 2125 serve at the pleasure of the Governor and shall receive a salary to be set by the Governor. Personnel to assist the commissioner shall be employed as prescribed by the commissioner. 50-5-2. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of the Georgia Services Administration. (2) 'GSA' means the Georgia Services Administration. 50-5-250-5-3 through 50-5-11. Reserved. 50-5-12. The Department of Administrative Services GSA shall formulate and initiate a sound program of self-insurance for workers' compensation benefits for all employees of the state, including employees of authorities. In formulating the self-insurance program, the department GSA is directed to establish a return to work program that promotes the return of an employee to employment by creating transitional employment prior to full recovery by providing temporary assignments for an employee that are meaningful and medically approved until the employee can return to his or her regularly assigned duties. If an agency or authority does not allow an employee to engage in transitional employment under the return to work program, the number of authorized positions in the budget for the agency or authority shall be decreased by the number of employees collecting workers' compensation not engaged in return to work employment for whom return to work plans have been developed. 50-5-13. The department GSA shall determine the amount and extent of self-insurance which the state can assume, the necessary reserves needed, the premiums to be charged and any deductibles to be paid by agencies and authorities, the amount of benefits to be paid within the scope of the workers' compensation statutes, and type of addition or excess insurance coverage that may be required. The department GSA is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department GSA, increased or decreased deductibles based on participation in loss control programs established by the department GSA, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department GSA is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the workers' compensation trust fund Workers' Compensation Trust Fund provided for in Code Section 50-5-14. 2126 JOURNAL OF THE HOUSE 50-5-14. In order to finance the continuing liability established with other agencies of state government, the Workers' Compensation Trust Fund is authorized to retain all moneys paid into the fund as premiums on policies of insurance and all moneys received as interest and all moneys received from other sources as a reserve for the payment of such liability and the expenses necessary to the proper conduct of such insurance program administered by the fund. Any amounts held by the Workers' Compensation Trust Fund which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in a trust account for credit only to the Workers' Compensation Trust Fund. The director of the Office of Treasury and Fiscal Services shall invest such funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the Workers' Compensation Trust Fund. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes The commissioner is authorized to withdraw funds from the trust account provided for in this Code section for payments authorized by this Code section, he or she shall submit a upon request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. 50-5-15. Any other provision of this chapter notwithstanding, the Department of Administrative Services GSA is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state under the authority of this chapter to any local political subdivision within the state. The provision of one or more such administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision. 50-5-16. (a) The commissioner of administrative services may establish a program of liability insurance and self-insurance for state authorities. (b) State funds may be appropriated for the program, but the commissioner shall charge such premiums, deductibles, and other payments as the commissioner determines necessary or useful. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department GSA, increased or decreased deductibles based on participation in loss control programs established by the department GSA, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department GSA is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget FRIDAY, MARCH 26, 2010 2127 subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. From the funds available to the commissioner, the commissioner shall establish such reserves as the commissioner determines necessary, purchase commercial policies, employ consultants, and otherwise administer the program. Any amounts held by the liability insurance or self-insurance funds which are available for investment shall be paid over to the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall deposit such funds in trust accounts for credit only to the liability insurance and selfinsurance funds. The director of the Office of Treasury and Fiscal Services shall invest the liability insurance and self-insurance funds subject to the limitations of Code Section 50-5A-7 and Chapter 17 of this title. All income derived from such investments shall accrue to the liability insurance and self-insurance funds. When moneys are paid over to the Office of Treasury and Fiscal Services, as provided in this Code section, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this Code section, he or she shall submit a request for such withdrawal, in writing, to the director of the Office of Treasury and Fiscal Services. (c) The commissioner may generally provide for insurance or self-insurance under such terms and conditions as he or she determines, and he the commissioner may provide for particular coverages and other terms and conditions of the unique exposures particular to one or more authorities. The commissioner may provide for endorsements for contract liability and, where necessary or convenient to the public functions of an authority, he or she may also provide for additional insureds. (d) Where existing programs of insurance and self-insurance have been established among state authorities by contract, the commissioner may arrange with such authorities to replace the existing programs with such programs as he the commissioner may establish. In doing so he the commissioner may assume existing and potential liabilities of the established programs. To the extent that funds of the existing programs are not necessary for such purposes, the commissioner may agree to the refund of such funds. (e) Nothing in this Code section or in any related act of the commissioner or the participating authorities shall be construed as waiving any immunity or privilege of any kind now or hereafter enjoyed by the state or the state authorities, including without limitation defenses under the Eleventh Amendment of the Constitution of the United States, sovereign immunity, or any other legal or factual defense, privilege, or immunity which the state or a participating authority may enjoy or assert. The intent of this authorization is to provide for protection only in the absence of such defenses. (f) Similarly, nothing in this Code section or in any related act of the commissioner or participating authorities shall pledge or be deemed to pledge the credit of the state. No obligation shall arise beyond the limits of liability established by the commissioner or beyond such other terms and conditions as he or she may establish, and no obligation 2128 JOURNAL OF THE HOUSE shall be imposed or created upon other funds of the state or upon other funds of the participating authorities. (g) Nothing in the program of insurance or self-insurance shall cause one authority to be liable for claims of another or otherwise expose the assets of one authority to claims of liability respecting another authority. 50-5-17. The Department of Administrative Services GSA is authorized to retain in a reserve fund moneys generated from the sale of any surplus personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the state's surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services GSA or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government. ARTICLE 2 Reserved. ARTICLE 3 Part 1 50-5-50. The underlying purposes and policies of this part are: (1) To permit the continued development of centralized procurement policies and practices; (2) To control and reduce the cost of purchasing, leasing, renting, or otherwise procuring supplies, materials, services, and equipment through the use of centralized purchasing; (3) To ensure openness and accessibility by all qualified vendors to the state's purchasing processes so as to achieve the lowest possible costs to the state through effective competition among such vendors; (4) To provide for timely, effective, and efficient service to using agencies and to vendors doing business with the state; (5) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state; (6) To provide for increased public confidence in the procedures followed in public procurement; and (7) To provide safeguards for the maintenance of a procurement system of quality and integrity. FRIDAY, MARCH 26, 2010 2129 50-5-51. The Department of Administrative Services GSA shall have the power and authority and it shall be the department's duty, subject to this part: (1) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, equipment, and services, including other than professional and personal employment services, required by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of this state under competitive bidding in the manner and subject to the conditions provided for in this article; (2) To establish and enforce standard specifications which shall apply to all supplies, materials, equipment, and services, including other than professional and personal employment services, purchased or to be purchased for the use of the state government for any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; (3) To contract for all electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or in lieu of such contract to authorize any offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state to purchase or contract for any or all such services; (4) To have general supervision of all storerooms and stores operated by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; to provide for transfer or exchange to or between all state offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state; (5) To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefor and advertise, receive bids, and contract separately for the various classes; (6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as 2130 JOURNAL OF THE HOUSE insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner is further authorized to establish incentive programs including differential premium rates based on participation in loss control programs established by the department GSA, increased or decreased deductibles based on participation in loss control programs established by the department GSA, and the imposition of fines and penalties. If any premiums, deductibles, fines, or penalties are unpaid, the department GSA is authorized to deduct any unpaid amounts from the nonpaying agency's or authority's continuation budget subject to the approval of the Office of Planning and Budget and deposit those funds into the reserve fund provided for in this Code section. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession; (7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commissioner may acquire real or personal property for such purposes; (8) To delegate, in the department's GSA's discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary for medical teaching purposes; (9) To enter into or authorize agreements with private nonprofit organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter; FRIDAY, MARCH 26, 2010 2131 (10) To collect, retain, and carry over from year to year in a reserve fund any moneys, rebates, or commissions payable to the state that are generated by supply contracts established pursuant to Code Section 50-5-57; and (11) To conduct the procurement of all technology resource purchases not exempted from competitive bidding requirements in accordance with the technology standards and specifications established by the Georgia Technology Authority. 50-5-51.1. The commissioner of administrative services GSA may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards on the purchase of commercial fidelity bonds for officials, officers, and employees of such boards and departments. The payment of the premium to the commercial fidelity carrier will shall be the responsibility of such county departments of health, county departments of family and children services, and community service boards. 50-5-52. The Department of Administrative Services or the state accounting officer GSA shall have power to examine books, records, and papers of any office, agency, department, board, bureau, commission, institution, or other entity of the state government relative to purchases and to require those in control thereof to furnish the department GSA with copies of any and all records pertaining thereto. 50-5-53. Reserved. Subject to applicable rules of the State Personnel Administration, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the state's interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the State Personnel Administration in conjunction with the Department of Administrative Services. 50-5-54. The commissioner of administrative services is authorized and empowered by this part to make all rules, regulations, and stipulations and to provide specifications to carry out the terms and provisions of this part as may be necessary for the purposes of this part. The rules and regulations as prescribed by the commissioner shall be published and made available either electronically or in pamphlet form and all the departments of the state government shall be furnished with copies of the same. 2132 JOURNAL OF THE HOUSE 50-5-55. The commissioner of administrative services may adopt, modify, or abrogate rules and regulations covering the following purposes, in addition to those authorized elsewhere in this part: (1) Requiring monthly reports by state departments, institutions, or agencies of stocks, supplies, materials, and equipment on hand and prescribing the form of such reports; (2) Prescribing the manner in which supplies, materials, and equipment shall be delivered, stored, and distributed; (3) Prescribing the manner of inspecting deliveries of supplies, material, and equipment and making chemical or physical tests of samples submitted with bids and samples of deliveries to determine whether deliveries have been made to the departments, institutions, or agencies in compliance with specifications; (4) Prescribing the manner in which purchases shall be made by the Department of Administrative Services in all emergencies as defined in Code Section 50-5-71; and (5) Providing for such other matters as may be necessary to give effect to the foregoing rules and the provisions of this part. 50-5-56. It shall be the duty of the Department of Administrative Services GSA to formulate, adopt, establish, and modify standard specifications applying to state contracts. In the formulation, adoption, and modification of any standard specifications, the Department of Administrative Services GSA shall seek the advice, assistance, and cooperation of any state department, institution, or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall insofar as possible satisfy the requirements of a majority of the state departments, institutions, or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every state purchase of the commodity described in such specifications. In the preparation of any standard specifications, the Department of Administrative Services GSA shall have power to make use of any state laboratory for chemical and physical tests in the determination of quality. 50-5-57. The Department of Administrative Services GSA shall have the power and authority and it shall be the department's duty, subject to this part, to contract for the purchase, lease, or other mode of acquisition of all supplies, materials, services, including other than professional and personal employment services, and equipment required by the state. After sources of supply have been established by contract under competitive bidding and certified by the Department of Administrative Services GSA to the different departments, institutions, and agencies of the state as provided for in this part, the institutions, agencies, or departments of the state shall make requisition on blanks to be approved by the Department of Administrative Services GSA for such supplies, FRIDAY, MARCH 26, 2010 2133 materials, and equipment required by them from the supply so certified and, except as otherwise provided for or unless the departments, institutions, and agencies of the state obtain written authority from the Department of Administrative Services GSA to do so, it shall be unlawful for any of them to purchase any supplies, materials, or equipment from sources other than as certified to them by the Department of Administrative Services GSA. One copy of the requisition shall be sent to the Department of Administrative Services GSA when the same is issued. 50-5-58. (a) Unless otherwise ordered by the Department of Administrative Services GSA, the purchase of supplies, materials, equipment, and services, other than including professional and personal employment services, through the Department of Administrative Services GSA shall not be mandatory in the following cases: (1) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of any library in the state supported by state funds; also and services; (2) Livestock for slaughter and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry, and milk. No other article shall be considered perishable within the meaning of this clause paragraph unless so classified by the Department of Administrative Services GSA; and (3) Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment. (b) In the purchasing of emergency supplies under paragraph (3) of subsection (a) of this Code section, it shall be the duty of the department making such purchases to report the same to the Department of Administrative Services GSA, giving the circumstances necessitating the purchases. (c) Nothing in this part shall be construed to give the Department of Administrative Services GSA any supervision over the selection or purchase of school textbooks, which is vested by law in the Department of Education. 50-5-59. It shall be the duty of all departments, institutions, or agencies of the state government to furnish to the Department of Administrative Services GSA when requested and on blanks to be approved by it tabulated estimates of all supplies, materials, and equipment needed and required by the department, institution, or agency for such periods in advance as may be directed by the Department of Administrative Services GSA; and it shall further be the duty of all departments, institutions, or agencies to furnish the Department of Administrative Services GSA inventories from time to time of supplies, materials, or equipment on hand when requested by the Department of Administrative Services GSA. 2134 JOURNAL OF THE HOUSE 50-5-60. (a) The state and any department, agency, or commission thereof, when contracting for or purchasing supplies, materials, equipment, or agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia. (c) In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or its department, agency, or commission shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection. (d) Nothing in this Code section shall negate the requirements of Code Section 50-573. 50-5-60.1. Reserved. 50-5-60.2. (a) As used in this Code section, the term: (1) 'Mill broke' means any paper waste generated in a paper mill prior to the completion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets. (2) 'Printing and writing paper' means high-grade office paper including but not limited to copier paper, bond paper, forms, stationery, envelopes, text and cover stock, as well as offset printing paper. (3) 'Recycled content paper' means any paper having recycled fiber content. (4) 'Recycled fiber content' means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke. (b) At least 95 percent of moneys spent on printing and writing paper purchased by state agencies, commissions, and authorities shall be spent upon recycled content paper FRIDAY, MARCH 26, 2010 2135 which meets or exceeds Environmental Protection Agency guidelines for minimum recycled content; provided, however, the provisions of this subsection shall not apply if the price of recycled content paper required by this Code section exceeds 8 percent of the price paid by the Department of Administrative Services GSA for 100 percent virgin paper products or if the recycled content paper required by this Code section does not meet the standards, quality level, and specifications established by the Department of Administrative Services GSA. (c) It shall be the responsibility of each agency, commission, and authority to monitor, document, and report its use of recycled content paper. Any state agency, institution, commission, and authority that documents and reports attainment of the 95 percent requirement set forth in subsection (b) of this Code section for two consecutive fiscal years shall still be required to monitor and document its use of recycled content paper but shall no longer be required to submit a report upon written confirmation from the Department of Administrative Services GSA that the 95 percent requirement set forth in subsection (b) of this Code section has been satisfied for two consecutive fiscal years by that particular agency, commission, institution, or authority; provided, however, that the Department of Administrative Services GSA shall conduct periodic audits, and any state agency, institution, commission, and authority exempted from the reporting requirement pursuant to this subsection that is not satisfying the 95 percent requirement set forth in subsection (b) of this Code section may be directed by the Department of Administrative Services GSA to resume reporting until reattainment of the 95 percent requirement set forth in subsection (b) of this Code section is confirmed for two additional consecutive fiscal years. (d) The Department of Administrative Services GSA shall maintain and continue to develop and implement reporting procedures and educational programs to assist agencies, commissions, institutions, and authorities in meeting the requirements of this Code section to maximize both purchasing power and the use of recycled products by each such agency, commission, institution, and authority. 50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable. 50-5-60.4. (a) All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the State of Georgia from organics which are source separated from the state's nonhazardous solid waste stream. 2136 JOURNAL OF THE HOUSE (b) The Department of Agriculture shall develop and publish standards for the compost and mulch required by subsection (a) of this Code section by January 1, 1994. 50-5-60.5. In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies. These policies shall include, but not be limited to, double-sided printing and copying, refilling and reusing laser printer cartridges, the purchase of source reduced products, and where feasible discontinuing the use of 8 1/2" x 14" paper. Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content. 50-5-61. (a) State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, excluding beverages for immediate consumption, shall give preference as far as may be reasonable and practicable to such supplies, materials, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice quality. (b) In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or local authority shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods. Any such estimates shall be in writing. No state or local authority shall divide a contract or purchase which exceeds $100,000.00 for the purpose of avoiding the requirements of this subsection. (c) Nothing in this Code section shall negate the requirements of Code Section 50-573. 50-5-62. Reserved. 50-5-63. (a) No contract for the construction of, addition to, or repair of any facility, the cost of which is borne by the state or any department, agency, commission, authority, or political subdivision thereof, shall be let unless the contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when forest products are to be used in such construction, addition, or repair, and if Georgia forest products are available. (b) This Code section shall not apply when in conflict with federal rules and regulations concerning construction. FRIDAY, MARCH 26, 2010 2137 50-5-64. (a) The Department of Administrative Services GSA shall be authorized to execute on behalf of all state agencies subject to this part multiyear lease, purchase, or lease purchase lease-purchase contracts of all kinds for the acquisition of goods, materials, services, and supplies, provided that any such contract shall be executed only on a standard form developed by the department GSA for such use; and provided, further, that the standard form contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the user agency or the department GSA 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 as provided in this Code section; (2) The contract may be renewed only by a positive action taken by the user agency or by the department GSA on behalf of the user agency, and the nature of such action shall be determined by the department GSA and specified in its standard contract; (3) The contract shall terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the user agency under the contract. The determination of the occurrence of such unavailability of funds shall be made by the user agency in its sole discretion and shall be conclusive; (4) The contract shall state the total obligation of the user agency for the fiscal year of execution and shall further state the total obligation which will be incurred in each fiscal year renewal term, if renewed; and (5) The contract shall provide that title to any supplies, materials, or equipment shall remain in the vendor until fully paid for by the user agency. (b) Any standard contract developed hereunder pursuant to this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the user agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the user agency, for those sums payable in the individual fiscal year renewal term. (c) 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. (d) Any such contract may provide for the payment by the user 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. 50-5-65. (a) The Department of Administrative Services GSA is authorized to make transfers of title to personal property titled in the name of any department, agency, or institution of the state to private individuals, corporations, or firms for the purpose of effectuating lease purchases of such property between the owning department, agency, or institution and the private individuals, corporations, or firms. Transfers of title shall be made only in conjunction with the execution of a lease purchase lease-purchase agreement 2138 JOURNAL OF THE HOUSE between an agency, department, or institution of the state and the transferee acquiring title; and the agreement shall be consummated on the standard agreement form developed pursuant to Code Section 50-5-64. (b) The departments, agencies, and institutions of the state are authorized to accept the title to property, subject to a contract for lease purchase or installment purchase, upon execution of the aforementioned standard agreement by the Department of Administrative Services GSA; and the department GSA is authorized to transfer title back to the vendor in the name of the department, agency, or institution in the event that the agreement is not fully consummated. 50-5-66. The Department of Administrative Services GSA shall compile and consolidate all estimates of supplies, materials, and equipment needed and required by all state departments, institutions, and agencies to determine the total requirements of any given commodity. 50-5-67. (a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services GSA when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services GSA to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of competitive sealed bidding is either not justified or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services GSA that the use of competitive sealed bidding is not justified or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals shall be given in the same manner as provided for competitive sealed bidding; (4) A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; FRIDAY, MARCH 26, 2010 2139 (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services GSA, discussions may be conducted with qualified offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and clarification of proposals. After such clarifications, revisions may be permitted to technical proposals and price proposals prior to award for the purpose of obtaining best and final offers. The Department of Administrative Services GSA is authorized to solicit multiple revisions to price proposals for the purpose of obtaining the most advantageous proposal to the state. In conducting discussions or soliciting any revisions, there shall be no disclosure of any information contained in proposals submitted by competing offerors. However, this prohibition on disclosure of information shall not prohibit the Department of Administrative Services GSA from disclosing to competing offerors any preliminary rankings and scores of competing offerors' proposals during the course of any negotiations or revisions of proposals other than with respect to the procurement of construction contracts; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (b) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (c)(1)(A) When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible bid exceeds available funds and it is determined in writing by the Department of 2140 JOURNAL OF THE HOUSE Administrative Services GSA that time or other circumstances will not permit or justify the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the lowest responsible bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. (B) With respect to procurement for construction contracts, if If the bid from the lowest responsible and responsive bidder on a construction contract exceeds the funds budgeted for the contract, a contract may be negotiated with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements. (2) When proposals received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible proposal exceeds available funds and it is determined in writing by the Department of Administrative Services GSA that time or other circumstances will not permit or justify the delay required to resolicit competitive proposals, a contract may be negotiated pursuant to this Code section, provided that each responsible offeror who submitted such a proposal under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the proposals received are noncompetitive or the lowest responsible proposal exceeds available funds, any contract award made pursuant to this paragraph shall be made to the offeror whose negotiated proposal is most advantageous to the state according to the evaluation criteria in the request for proposals rather than to the offeror whose negotiated proposal offers the lowest price, provided that the negotiated price of the most advantageous proposal is lower than the price of the rejected responsible proposal with the lowest price under the original solicitation. (d)(1) Except as otherwise provided for in this part, the Department of Administrative Services GSA shall publish, prior to award or letting of the contracts, notice of its intent to award a contract to the successful bidder or offeror on public display in a conspicuous place in the department's GSA's office, on the Georgia Procurement Registry, or both so that it may be easily seen by the public. The public notice on public display shall also state the price or the amount for which the contract may be awarded, the commodities or services to be covered by the contract which may be awarded, and the names of all persons whose bids, offers, or proposals were rejected by the department GSA, together with a statement giving the reasons for the rejection. (2) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror, be subject to public inspection upon request. FRIDAY, MARCH 26, 2010 2141 (3) The Department of Administrative Services GSA shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the department's GSA's office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services GSA shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. (4) The Department of Administrative Services GSA shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services GSA shall prepare a register of bids, offers, or proposals which will become available for public inspection upon request within one day after the issuance of the department's public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to public disclosure. (5) Records related to the competitive bidding and proposal process which, if disclosed prior to the issuance of the public notice of intent to award would undermine the public purpose of obtaining the best value for this state, shall not be subject to public disclosure until after the department's issuance of its the public notice of intent to award a contract to the successful bidder or offeror. Such records include but are not limited to cost estimates, bids, proposals, evaluation criteria, vendor evaluations, negotiation documents, offers and counter-offers, and records revealing preparation for the procurement. (6) A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services GSA. After the contracts have been awarded, the Department of Administrative Services GSA shall certify to the offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for. (e) On all bids or proposals received or solicited by the Department of Administrative Services GSA, by any office, agency, department, board, bureau, commission, institution, or other entity of the state, or by any person in on behalf of any office, agency, department, board, bureau, commission, institution, or other entity of the state except in cases provided for in Code Section 50-5-58, the following certificate of independent price determination shall be used: 'I certify that this bid, offer, or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid, 2142 JOURNAL OF THE HOUSE offer, or proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, offer, or proposal and certify that I am authorized to sign this bid, offer, or proposal for the bidder or offeror.' (f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors' prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auction's time limit. This auction bidding process shall not be used to procure construction services or for any contract for goods or services valued at less than $100,000.00. (g) Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services GSA from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority. 50-5-68. Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the Department of Administrative Services GSA. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification. 50-5-69. (a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the FRIDAY, MARCH 26, 2010 2143 commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human services or his or her designee; the commissioner of community health or his or her designee; the state accounting officer; the state auditor; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services. (b) The department GSA shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's GSA's responsibility to manage the state's procurement system. It shall be the responsibility of each agency, department, board, commission, authority, and council to report to the department GSA its bid opportunities in a manner prescribed by the Department of Administrative Services GSA. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities. (c) The Department of Administrative Services GSA is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) of this Code section subject to approval of the state accounting officer and the State Depository Board pursuant to the State Depository Board's authority to prescribe cash management policies and procedures for state agencies under Code Section 50-17-51. All purchases made through procurement card cards shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Department of Administrative Services GSA. (d) The commissioner of administrative services shall promulgate rules and regulations necessary to carry out the intent of this Code section. (e) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases. 50-5-70. Boards of education of the various counties of this state may petition the Department of Administrative Services GSA to purchase their supplies, such as school buses, bus bodies, tires, parts, and other equipment under the rules set out in this part. 50-5-71. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services GSA or any other office, agency, department, board, bureau, 2144 JOURNAL OF THE HOUSE commission, institution, or other entity of the state to which emergency purchasing powers have been granted by the Department of Administrative Services GSA shall have power to purchase in the open market any necessary supplies, materials, services, or equipment for immediate delivery to any office, agency, department, board, bureau, commission, institution, or other entity of the state. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services GSA. 50-5-72. Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services GSA in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services GSA, which may approve noncompetitive expenditures of up to $100,000.00. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department GSA by this Code section. Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money 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 Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized. 50-5-73. (a) All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision FRIDAY, MARCH 26, 2010 2145 of such and have certified the availability with the advice and consent of the Department of Administrative Services GSA. (b) The Georgia Correctional Industries Administration and the commissioner of corrections shall report to the Department of Administrative Services GSA the certification criteria, including but not limited to cost, delivery schedules, and availability within 15 days of notice of certification. (c) The Georgia Correctional Industries Administration shall notify the Department of Administrative Services GSA of any changes to certified products or services available pursuant to this Code section within 15 days of any such changes. 50-5-74. Reserved. 50-5-75. The Department of Administrative Services GSA may rent or lease any warehouse space necessary for a period not to exceed five years, provided the Department of Administrative Services GSA may construct any warehouse on state property only. 50-5-76. (a) All cigarette tax stamps, loose or smokeless tobacco tax stamps, fertilizer tax tags, and other stamps, tags, and paraphernalia evidencing the payment of tax collected by the state or any department thereof shall be purchased by the Department of Administrative Services GSA subject to the requisition of any department of the state requiring the use of the tax stamps or tags. (b) Any department requiring tax stamps or stamps, tags, or paraphernalia from the Department of Administrative Services GSA shall make a requisition therefor to the Department of Administrative Services GSA upon forms prescribed by it, which and the requisition shall be delivered to the state auditor for compilation and check. The tax stamps, fertilizer tax tags, or other stamps, tags, or paraphernalia described in this part and purchased by the Department of Administrative Services GSA shall be paid for by the department for whose use they are purchased. 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) '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, that the improvements will generate actual and quantifiable savings or enhanced revenues; 2146 JOURNAL OF THE HOUSE (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. (3) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services the state accounting officer, the director of the Office of Planning and Budget, the state auditor, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Appropriations Committee. (4) '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) '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 lease-purchase contracts of all kinds for the acquisition of goods, materials, real or personal property, services, and supplies as benefits based funding projects; provided, 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) The contract may be renewed only by a positive action taken by the agency; (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; (5) The term of the contract, including any renewal periods, may not exceed ten years; and FRIDAY, MARCH 26, 2010 2147 (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. (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. (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. (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) The external oversight committee shall have the responsibility to review and advise: (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. 2148 JOURNAL OF THE HOUSE (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. (l) Each agency shall prepare 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 progress, its savings or enhanced revenues, and such other information as may be relevant. 50-5-78. (a) Neither the commissioner of administrative services, nor any assistant of his, nor any employee of the department GSA shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to the state government or any of its departments, institutions, or agencies. Except as provided in subsection (b) of this Code section, it shall be unlawful for the commissioner of administrative services or any of his assistants or any employee of the department GSA to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation. (b) Nothing in this Code section shall preclude the commissioner or any of his assistants or any employee of the department GSA from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the commissioner, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the commissioner determines would be of benefit to the department GSA and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor. (c) Nothing contained in this Code section shall permit the commissioner, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia. (d) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Any person who violates subsection (a) of this Code section shall be subject to being removed from office. FRIDAY, MARCH 26, 2010 2149 50-5-79. Whenever any department, institution, or agency of the state government required by this part and the rules and regulations adopted pursuant to this part applying to the purchase of supplies, materials, or equipment through the Department of Administrative Services GSA shall contract for the purchase of such supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such contract shall be void and of no effect. If any official of such department, institution, or agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this part or the rules and regulations made pursuant to this part, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor. 50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any person to obtain for his or her own personal benefit, or for the benefit of any other person, any goods, services or other things of value, through any resource or method established pursuant to this article, including, but not limited to, purchase orders, government contracts, credit cards, charge cards, or debit cards. (c)(1) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who violates subsection (b) of this Code section by obtaining any goods, services, or other things of value in the aggregate value of $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of such unlawful purchases, whichever is greater. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each such unlawful purchase was made. (d)(1) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00 if the unlawfully purchased goods, services, or other things of value 2150 JOURNAL OF THE HOUSE are valued in the aggregate of less than $500.00. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution equal to the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (2) Any person who knowingly assists another person in violating subsection (b) of this Code section shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of the unlawful purchases, whichever is greater, if the goods, services, or other things of value are in the aggregate value of $500.00 or more. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution for the amount of such unlawful purchases, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each unlawful purchase was made. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education. 50-5-81. (a) It shall be unlawful for the state; any branch, department, agency, board, or commission of the state; any county, municipality, board of education, or other political subdivision; or any officer, agent, or employee of any of the foregoing to purchase or authorize the purchase of any beef other than beef raised and produced within the United States when the purchase is to be made with governmental funds. This Code section shall not apply to canned meat which is not available from a source within the United States and which is not processed in the United States. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. 50-5-82. (a) As used in this Code section, the term 'state agency' means any authority, board, department, instrumentality, institution, agency, or other unit of state government. 'State agency' shall not include any county, municipality, or local or regional governmental authority. (b) On or after May 13, 2004, the Department of Administrative Services GSA and any other state agency to which this article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia. FRIDAY, MARCH 26, 2010 2151 (c) The Department of Administrative Services GSA and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of this Code section in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both. (d) The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notify the Department of Administrative Services GSA and any other state agency of its determination within three business days of a request for such determination. (e) Prior to awarding a contract, the Department of Administrative Services GSA and any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the name of the vendor's affiliate, and the certificate of registration number as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor. 50-5-83. (a) As used in this Code section, the term: (1) 'Department' means the Department of Administrative Services. (2) 'Purchasing 'purchasing card' means a credit or debit card issued by a credit card company, bank, or other financial institution and provided by the State of Georgia or any of its departments or agencies under the State of Georgia Purchasing Card Program to state employees for the purpose of making purchases on behalf of such departments or agencies or the state. (b) Any purchasing card program established by the department GSA or by any other department or agency of the state shall conform to the following requirements: (1) Purchasing cards shall only be issued to state employees whose job duties require the use of a purchasing card; (2) Each department or agency of the state that allows the use of purchasing cards by its employees shall develop policies and procedures consistent with guidelines developed jointly by the department state accounting officer and the commissioner pursuant to this Code section to identify those job positions within each department or agency of the state that would require the use of a purchasing card; (3) Each employee receiving a purchasing card shall be required to sign an ethical behavior agreement for the use of the card which shall be developed by the department GSA; (4) Each department or agency of the state that allows its employees to use purchasing cards shall provide for the review of all purchases on such cards, shall maintain receipts for each purchase, and shall maintain a log showing each purchase, the relevant vendor's name, the item purchased, the date of the purchase, the amount of the purchase, the name of the employee making the purchase, and any other information that shall be specified by the department GSA; (5) Purchases made on purchasing cards shall be reviewed and approved by supervisory personnel at least quarterly; (6) Purchasing cards shall not be used for items over $5,000.00 unless the item is: 2152 JOURNAL OF THE HOUSE (A) Purchased pursuant to a valid state contract; and (B) Purchased in compliance with state procurement policy; (7) Purchasing cards shall not be used to purchase gift cards; (8) Purchasing cards shall not be used to purchase alcoholic beverages, tobacco products, or personal items that are not job related, and state contracts for purchasing cards shall contain such prohibitions on the use of such purchasing cards; (9) The department GSA shall develop a training manual on the use of purchasing cards which shall instruct users of purchasing cards on the maximum value utilization of such purchasing cards and employees who use such purchasing cards shall comply with the provisions of such manual; (10) Departments and agencies of the state shall review not less than annually all purchasing cards issued to their employees and shall eliminate purchasing cards for employees who demonstrate consistently low usage of such purchasing cards; (11) Departments and agencies of the state which have more than 100 purchasing cards issued to employees shall establish goals to reduce such number of purchasing cards by at least 10 percent by December 31, 2009; (12) Employees hired for job positions for which purchasing cards are issued shall be subjected to criminal background checks before hiring, and a credit check shall be completed by the hiring department or agency on all employees to whom a purchasing card is issued prior to issue; (13) Purchasing cards shall be issued only to employees of departments and agencies of the state and no purchasing cards shall be issued to employees of foundations associated with departments and agencies of the state; (14) Each purchase made with a purchasing card shall be accompanied by a receipt or other documentation listing each item purchased, the purchase price for each item, and any taxes, fees, or other amounts paid in connection with such purchase; and (15) With respect to any purchase made with a purchasing card, if If the employee to whom such a purchasing card was issued does not provide documentation meeting the requirements of paragraph (14) of this subsection to his or her supervisor for recording on the purchasing log required to be maintained as provided in paragraph (4) of this subsection, such employee shall be personally responsible for such purchase. (c) Any employee of a department or agency of the state who knowingly: (1) Uses a purchasing card for personal gain; (2) Purchases items on such purchasing card that are not authorized for purchase by such employee; (3) Purchases items in violation of this Code section; or (4) Retains for such employee's personal use a rebate or refund from a vendor, bank, or other financial institution for a purchase or the use of a purchasing card shall be subject to immediate termination of employment, restitution for the amount of the improper purchases, and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall FRIDAY, MARCH 26, 2010 2153 be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years' imprisonment, a fine not to exceed $50,000.00, or both. (d) An employee's supervisor who knowingly intentionally, willfully, wantonly, or recklessly allows or who conspires with an employee who is issued a purchasing card to violate subsection (c) of this Code section shall be subject to immediate termination of employment and criminal prosecution. Any person violating this subsection shall be guilty of a misdemeanor of a high and aggravated nature if the value of the items improperly purchased or retained is less than $500.00 in the aggregate and shall be guilty of a felony if the value of the items improperly purchased or retained is $500.00 or more in the aggregate and, upon conviction of such felony, shall be sentenced to not less than one nor more than 20 years' imprisonment, a fine not to exceed $50,000.00, or both. (e) The department commissioner is authorized to promulgate such rules and regulations as necessary to implement this Code section. 50-5-84. (a) As used in this Code section, the term: (1) 'Business operations' means engaging in commerce in any form in Sudan, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) 'Company' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (3) 'Government of Sudan' means the government in Khartoum, Sudan, that is led by the National Congress Party, formerly known as the National Islamic Front, or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan, and does not include the regional government of southern Sudan. (4) 'Marginalized populations of Sudan' include, but are not limited to, the portion of the population in the Darfur region that has been genocidally victimized; the portion of the population of southern Sudan victimized by Sudan's north-south civil war; the Beja, Rashidiya, and other similarly underserved groups of eastern Sudan; the Nubian and other similarly underserved groups in Sudan's Abyei, southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab, Manasir, and other similarly underserved groups of northern Sudan. (5) 'Military equipment' means weapons, arms, military supplies, and equipment that may readily be used for military purposes, including, but not limited to, radar systems, 2154 JOURNAL OF THE HOUSE military-grade transport vehicles, or supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan. (6) 'Mineral-extraction activities' include the exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. (7)(A) 'Oil related activities' include: (i) Exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and (ii) Constructing, maintaining, or operating a pipeline, refinery, or other oil field infrastructure. (B) A company shall not be considered to be involved in oil related activities if: (i) The company is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A) of this paragraph; or (ii) The company is involved in leasing or owns rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A) of this paragraph. (8) 'Power-production activities' means any business operations that involve a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project. (9) 'Scrutinized company' means a company that is conducting business operations in Sudan that is involved in power production activities, mineral extraction activities, oil-related oil related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following: (A) Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan; (B) Its business operations are conducted under a license from the Office of Foreign Assets Control or are expressly exempted under federal law from the requirement to be conducted under such a license; (C) Its business operations consist of providing goods or services to marginalized populations of Sudan; (D) Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (E) Its business operations consist of providing goods or services that are used only to promote health or education; (F) Its business operations with the Government government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency; or FRIDAY, MARCH 26, 2010 2155 (G) It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations. (b)(1) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (2) Notwithstanding paragraph (1) of this subsection, the Department of Administrative Services GSA may permit a scrutinized company, on a case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods or services if it is in the best interests of the state to permit the scrutinized company to bid on or submit a proposal for one or more contracts with a state agency for goods or services. (3) In making this determination, the Department of Administrative Services GSA may utilize the following resources: (A) Verification by an independent third party or nonprofit organization that a company is either: (i) Undertaking significant humanitarian efforts in conjunction with an international organization, the Government government of Sudan, the regional government of southern Sudan, or a nonprofit organization to benefit one or more marginalized populations of Sudan. The party or organization providing the verification or an independent third party shall evaluate and certify that the significant humanitarian efforts are substantial in relation to the company's Sudan business operations; or (ii) Through engagement with the Government government of Sudan, materially improving conditions for the genocidally victimized population in Darfur; and (B) A National Interest Waiver issued by the President of the United States excluding a company from the federal contract prohibitions provisions of the Sudan Accountability and Divestment Act (Public Law 110-174). (c)(1) A state agency shall require a company that submits a bid or proposal with respect to for a contract for goods or services, that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company. (2) A state agency shall not require a company that submits a bid or proposal with respect to for a contract for goods or services, and that currently or within the previous three years has had business activities or other operations outside of the United States, to certify that the company is not a scrutinized company, if the company has obtained permission to bid on or submit a proposal for a contract with a state agency for goods or services pursuant to paragraph (2) of subsection (b) of this Code section. (d)(1) Not later than August 1, 2009, the Department of Administrative Services shall file have filed a written notice to the United States Attorney General detailing the requirements contained in this Code section, as required by the federal Sudan Accountability and Divestment Act of 2007 (P. L. No. 110-174). 2156 JOURNAL OF THE HOUSE (2) Annually thereafter, the Department of Administrative Services GSA shall file a publicly available report to the General Assembly and the United States Attorney General outlining the actions taken under this Code section. (3) The Department of Administrative Services GSA shall report to the Attorney General of Georgia the names of companies determined to have submitted false certifications under subsection (c) of this Code section, together with information as to the false certification, and the Attorney General shall determine whether to bring a civil action against the companies. The companies shall pay all costs or fees incurred in a civil action, including those for investigations that led to the discovery of a false certification. (e) If the Department of Administrative Services GSA determines that a company has submitted a false certification under subsection (c) of this Code section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Department of Administrative Services GSA may terminate the contract with the company; and (3) The company shall be ineligible to, and shall not, bid on a state contract for a period of not less than three years from the date the state agency determines that the company submitted the false certification. The Department of Administrative Services GSA shall report to the Attorney General the name of the company that the Department of Administrative Services GSA determined had submitted a false certification under subsection (c) of this Code section, together with its information as to the false certification, and the Attorney General shall determine whether to bring a civil action against such company. If such company is found to have submitted a false certification, such company shall be ordered to pay all costs and fees incurred by the state in the civil action, including all costs incurred by the state agency and the Department of Administrative Services GSA for investigations that led to the finding of the false certification and all costs and fees incurred by the Attorney General. (f) The General Assembly shall periodically review this Code section and determine if any of the following events have occurred which should be construed and deemed to be a basis for repealing this Code section: (1) The Congress or President of the United States declares the Darfur genocide has been halted for at least 12 months; (2) The United States revokes all sanctions imposed against the Government government of Sudan; (3) The President of the United States has certified to Congress that the Government government of Sudan has honored its commitments to do all of the following: (A) Abide by United Nations Security Council Resolution 1769 (2007); (B) Cease attacks on civilians; (C) Demobilize and demilitarize the Janjaweed and associated militias; (D) Grant free and unfettered access for delivery of humanitarian assistance; and FRIDAY, MARCH 26, 2010 2157 (E) Allow for the safe and voluntary return of refugees and internally displaced persons; (4) The Congress or President of the United States, through legislation or executive order, declares the contract prohibition of the type provided for in this Code section interferes with the conduct of United States foreign policy; or (5) Such other circumstances as the General Assembly determines to warrant the discontinuance of the provisions of this Code section. Part 2 50-5-100. The Department of Administrative Services GSA is authorized to permit local political subdivisions, on an optional basis, to purchase their supplies through the state. 50-5-101. The governing authorities of each of the local political subdivisions in this state shall have the right, from time to time, to determine through study whether an overall substantial price advantage will result to a political subdivision by the means of a local political subdivision either alone or in conjunction with another political subdivision bidding through the Department of Administrative Services GSA on standard items of equipment, supplies, or services or other standard expenses ordinarily needed, procured, or incurred by such governments without a sacrifice of safety or quality. If the governing authority of any political subdivision shall determine that such a price advantage may be obtained by such means on any one or more of such items or expenses, the governing authority or authorities shall make this fact known to the Department of Administrative Services GSA. After receipt of such notice from the political subdivisions, the Department of Administrative Services GSA shall, after consultation with the governing authorities, establish sets of uniform standard specifications for such item or items as may be reasonably required in order to meet the needs and requirements of the requesting political subdivision. The governing authorities of the requesting political subdivision shall, at such times as the Department of Administrative Services GSA shall prescribe, report its probable annual requirements for the standard items to the Department of Administrative Services GSA and the requested time for delivery of the items. The Department of Administrative Services GSA shall compile the requirements together with such other information as may be needed for the purpose of advertising for bids for a uniform state price on the items. 50-5-102. The Department of Administrative Services GSA shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that the Department of Administrative Services GSA shall inform prospective bidders that the bid requested is for the furnishing of the items to the designated political subdivisions at the times specified on the basis of a single state price applicable to all 2158 JOURNAL OF THE HOUSE such local political subdivisions; that payment for the items as may be purchased by the political subdivisions shall be made by the respective political subdivision to the bidder; that no guarantee is made that any purchase will be made from the successful bidder as a result of such bid; and such other information as may be appropriate under the circumstances. The Department of Administrative Services GSA shall, upon receipt of bids, process the same in the same manner followed for state purchases and promptly notify the governing authorities of the political subdivisions of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and any other pertinent information. The commissioner of administrative services shall prescribe regulations necessary for implementation and enforcement of this part and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase and distribution of equipment, supplies, services, and other expenses for the local political subdivisions of this state. 50-5-103. Notwithstanding any law to the contrary, the Department of Administrative Services GSA, upon receiving a request to do so from a political subdivision, may purchase for the political subdivision in the name of the state any motor vehicle, material, equipment, or supplies desired by the political subdivision. The commissioner of administrative services is authorized to prescribe such rules, regulations, and procedures as he or she shall deem advisable concerning the purchase of motor vehicles, material, equipment, and supplies for the political subdivisions. However, no motor vehicle, material, equipment, or supplies shall be purchased in accordance with this Code section until the political subdivision shall place in the hands of the Department of Administrative Services GSA a certified or cashier's check in an amount sufficient to cover the purchase price of the motor vehicle, material, equipment, or supplies. The Department of Administrative Services GSA is authorized and empowered to execute the necessary documents to divest the state of all title in and to such motor vehicles, material, equipment, or supplies, and to vest in the political subdivision for whom the motor vehicle, material, equipment, or supplies were purchased all such rights in and title to the vehicles, material, equipment, or supplies. Part 3 50-5-120. This part shall be known and may be cited as 'The Small Business Assistance Act of 1975.' 50-5-121. For the purposes of this part, the term: (1) 'Department' means the Department of Administrative Services. FRIDAY, MARCH 26, 2010 2159 (2) 'Small 'small business' means a business which is independently owned and operated. In addition, such business must have either fewer than 100 employees or less than $1 million in gross receipts per year. 50-5-122. The legislative intent of this part is declared to be as follows: The most important element of the American economic system of private enterprise is free and vigorous competition. Only through the existence of free and vigorous competition can free entry into business and opportunities for personal initiative and individual achievement be assured. The preservation and expansion of such competition is essential for our economic well-being. In order to encourage such competition it is the declared policy of the state to ensure that a fair proportion of the total purchases and contracts or subcontracts for property, commodities, and services for the state be placed with small businesses so long as the commodities and services of small businesses are competitive as to price and quality. 50-5-123. There is created an advisory council to the department GSA to be composed of representatives of designated small business enterprises to be named as follows: five by the Governor, two each by the President of the Senate and the Speaker of the House of Representatives, and one by the commissioner of administrative services to serve ex officio as chairman chairperson of the council. The members of the council shall serve without compensation. The council shall meet at least once monthly, or more often when necessary, at the call of the chairman chairperson in consultation with the commissioner of administrative services or his or her designee who shall also serve without additional compensation as executive director of the council. 50-5-124. The council shall make a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairmen chairpersons of the Senate Committee on Insurance and Labor Committee and the House Committee on Economic Development and Tourism Committee at least once each year, such report to be made no later than December 1. The report shall advise the Governor, the Speaker, the President, and the designated chairmen chairpersons concerning progress toward achieving the legislative intent as set forth in Code Section 50-5-122 and shall contain such recommendations for legislation as the council herein provided for deems proper. Part 4 50-5-130. The General Assembly recognizes that the preservation and expansion of the American economic system of private enterprise is through free competition, but it also recognizes that the security and well-being brought about by such competition cannot 2160 JOURNAL OF THE HOUSE be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the General Assembly that the state define a 'minority business enterprise' for purposes of representation in the area of procurement of state contracts for construction, services, equipment, and goods. 50-5-131. As used in this part, the term: (1) 'Minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (2) 'Minority business enterprise' means a small business concern which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. (3) 'Owned and controlled' means a business: (A) Which is at least 51 percent owned by one or more minorities or, in the case of a publicly owned business, at least 51 percent of all classes or types of the stock is owned by one or more minorities; and (B) Whose management and daily business operations are controlled by one or more minorities. 50-5-132. (a) Any minority business enterprise that desires to claim such status under any law of this state or any regulation promulgated pursuant thereto shall first apply for certification, in addition to any other certification required by the provisions of 49 C.F.R. 23, to the Department of Administrative Services GSA. (b) The Department of Administrative Services GSA shall certify a business which meets has met the eligibility requirement of this part to qualify as a minority business enterprise. To qualify as a minority business enterprise, the business shall: (1) Be a minority business enterprise; (2) Submit any documentary evidence to support its status as a minority business enterprise; (3) Sign an affidavit stating that it is a minority business enterprise; (4) Be qualified to bid pursuant to the provisions of the Department of Administrative Services GSA and other state agencies; and (5) Present: (A) An application, including the entire business history of the operation; (B) Birth certificates for all minority principals; (C) If Native American, a tribal registration card or certificate; (D) Current resumes on all principals, key managers, and other key personnel; (E) A current financial statement; (F) Proof of investment by principals; (G) Loan agreements; (H) Lease or rental agreement for space and equipment; FRIDAY, MARCH 26, 2010 2161 (I) Evidence of latest bond; (J) If the applicant is a sole proprietor, a copy of a blank signature card; (K) If the applicant is a partnership, a copy of the partnership agreement; and (L) If the applicant is a corporation, articles of organization, corporation bylaws, copies of all stock certificates, minutes of the first corporate organizational meeting, bank resolution on all company accounts, and a copy of the latest United States corporate tax return. (c) The Department of Administrative Services GSA shall prepare and maintain a list of certified minority business enterprises. (d) The Department of Administrative Services GSA may deny certification to any minority business enterprise which does not qualify as such under the provisions of this part. Any person adversely affected by an order of the Department of Administrative Services GSA denying certification as a minority business enterprise may appeal as provided in the regulations of the Department of Administrative Services commissioner. 50-5-133. (a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain, certification as a minority business enterprise for the purposes of this part; (2) Knowingly and willfully make a false statement with the intent to defraud, whether by affidavit, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of any certification of any entity as a minority business enterprise; (3) Knowingly and willfully obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualifications of a business entity which has requested certification as a minority business enterprise; (4) Knowingly and willfully with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public moneys to which the person is not entitled under this part; or (5) Knowingly and willfully assign any contract awarded pursuant to the Department of Administrative Services GSA to any other business enterprise without prior written approval of the Department of Administrative Services GSA. (b) Any person convicted of violating any provision of this Code section shall be guilty of a felony, punishable by imprisonment for not more than five years or a fine of not more than $10,000.00 or both such imprisonment and fine. (c) If a contractor, subcontractor, supplier, subsidiary, principal, or affiliate thereof has been found to have violated this Code section and that violation occurred within three years of another violation of this Code section, the Department of Administrative Services GSA shall prohibit that contractor, subcontractor, supplier, subsidiary, or affiliate thereof from entering into a state project or state contract; from further bidding 2162 JOURNAL OF THE HOUSE to a state entity; from being a subcontractor to a contractor for a state entity; and from being a supplier to a state entity. Part 5 50-5-135. (a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 members as follows: (1) The commissioner of administrative services or his or her designee; (2) The commissioner of human services or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of corrections or his or her designee; (5) Five members appointed by the Governor who shall represent the business community of the state; (6) Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and (7) Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities. (b) Initially, the nine members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three members for two years, three members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. (c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The council shall elect its own officers. No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council. (d) The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7. (e) The council shall have perpetual existence. Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. 50-5-136. (a) The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchandise produced by community based rehabilitation programs and training centers and FRIDAY, MARCH 26, 2010 2163 purchased by the Department of Administrative Services GSA. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Services and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from community based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council. (b) The State Use Council shall have the following powers and authority: (1) To designate a central nonprofit agency to represent community based rehabilitation programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the procurement list among certified community based rehabilitation programs and training centers. As used in this part, the term 'central nonprofit agency' means an agency organized under the laws of Georgia and operated in the interest of persons with disabilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual. The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central nonprofit agency. The central nonprofit agency will shall be responsible for selecting the community based rehabilitation program and training center to perform a specific contract for work ordered by the state. Consideration will shall be given to the strengths of the particular organization, prior work history, and the ability to produce within time and budgetary parameters. Only programs and centers which have been certified by the council will shall be eligible for state use contracts. Once the community based rehabilitation program and training center has been selected and a subcontract has been established between that community based rehabilitation program and training center and the central nonprofit agency, the central nonprofit agency shall provide management and quality control assistance in the administration of the project. This may be in the form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand. Other than on a specific contract basis, the central nonprofit agency will shall offer training programs, certification workshops, quality control workshops, and other technical, management, marketing, and general assistance programs to participating programs and centers in the state. These programs may shall not be mandatory in all cases,; however, they will shall be offered to help the various programs and centers become more productive and efficient in their handling of state use contracts and other work as well. The central nonprofit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training centers during the conduct of a contract which has been let with the program and center for various program services as necessary and appropriate; 2164 JOURNAL OF THE HOUSE (2) To develop, in conjunction with the Department of Administrative Services GSA, a list of goods, wares, merchandise, and services which shall be set aside for purchase from community based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate; (3) To establish fair market prices for commodities or services on the selected procurement list and to consider recommendations from the procuring agencies, the central nonprofit agency, and other relevant sources. The central nonprofit agency shall analyze the data and submit a recommended fair market price to the council along with detailed justification necessary to support the recommended prices. Pricing guidelines shall be established by the council in association with standard methodology for determining fair market value. However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services; (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; (5) With respect to the certification process and the designated community based rehabilitation programs and training centers which may enter into contracts under this part, to establish criteria for determining what constitutes a substantial disability to employment that prevents the individual under the disability from currently engaging in normal competitive employment. In establishing the criteria, the council shall consult with appropriate entities of government and take into account the views of nongovernmental entities representing the severely disabled. The council shall give weight to the criteria established by the federal committee for purchase of products and services of the blind and other severely disabled persons, pursuant to the federal Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and (6) To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. The State Use Council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the FRIDAY, MARCH 26, 2010 2165 members of the availability of the report in the manner which it deems to be most effective and efficient. 50-5-137. Notwithstanding any other provisions of law to the contrary, certified community based rehabilitation programs and training centers conducting contract work under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or services in a given contract in order to participate in these contracts. 50-5-138. (a) The Department of Administrative Services GSA shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state. This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project. The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services GSA. The timeliness and methodology of collection of these fees will shall be decided upon between the Department of Administrative Services GSA and the central nonprofit agency and shall be incorporated into such contract. (b) The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons. (c) All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services GSA. ARTICLE 4 50-5-140. It shall be the duty and responsibility of the head of each department, institution, or agency of the state to furnish, upon written request by the Department of Administrative Services GSA on such forms as provided by it, a list of all surplus personal property held by that department, institution, or agency at the time of the request. These requests may be made by the Department of Administrative Services GSA as often as it deems necessary. 50-5-141. (a) The Department of Administrative Services GSA is authorized and it shall be its duty to dispose of surplus property by one of the following means: 2166 JOURNAL OF THE HOUSE (1) Transfer to other state agencies; (2) Sell to the highest responsible bidder for cash; (3) Sell by fixed price; provided, however, that surplus property sold by fixed price shall have been originally purchased by the state for an amount of $5,000.00 or less; (4) Trade in such surplus property on the purchase of new equipment if the Department of Administrative Services GSA shall determine that such action is for the best interest of the state; or (5) Where the Department of Administrative Services GSA shall determine that the surplus property has no value or that the cost of maintaining and selling the surplus property exceeds the anticipated proceeds from the sale of the surplus property, by destruction and disposal and order of removal from the inventory of the department, institution, or agency with such action noted thereon. (b) No employee of the Department of Administrative Services GSA or such employee's immediate family member shall purchase surplus property sold by fixed price or negotiated sale; nor shall any person purchase surplus property by fixed price or negotiated sale for the direct or indirect benefit of any such employee or employee's immediate family member. 50-5-142. The commissioner of administrative services shall promulgate such rules and regulations as may be required to carry out Code Sections 50-5-140, 50-5-141, 50-5143, 50-5-144, and 50-5-146 this article and shall establish procedures for the disposition of surplus property, including the manner whereby the sale of surplus property shall be advertised and competitive bids for the purchase thereof shall be secured. 50-5-143. (a) As used in this Code section, the term 'political subdivision' means any county or municipality of this state or any county or independent board of education of this state. (b) In addition to the authority provided in Code Section 50-5-141, the Department of Administrative Services GSA shall be further authorized to dispose of surplus property by the transfer of the property to any political subdivision through a negotiated sale if the Department of Administrative Services GSA determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property. (c) When any surplus property is transferred to a political subdivision, pursuant to subsection (b) of this Code section, such transfer shall be subject to the following conditions: (1) The property shall not be resold by any such political subdivision within one year after the transfer without the written consent of the Department of Administrative Services GSA; and (2) The Department of Administrative Services GSA shall have the right, which shall be exercised at its discretion, to supervise the resale of the property at public outcry to FRIDAY, MARCH 26, 2010 2167 the highest responsible bidder if the resale of the property is within one year after such transfer. 50-5-144. (a) As used in this Code section, the term: (1) 'Charitable institution' means any nonprofit tax-exempt person, firm, or corporation providing services within this state. (2) 'Public corporation' means any public authority or other public corporation created by or pursuant to state law. (b) In addition to any other authority provided by Code Sections 50-5-140 through 505-143, this Code section, and Code Section 50-5-146 this article, the Department of Administrative Services GSA shall be authorized to dispose of surplus property, including surplus property subject to paragraph (7) of Code Section 50-5-51, by the transfer of the property to any charitable institution or public corporation through a negotiated sale if the department GSA determines that such sale would be in the best interests of the state, and, under the circumstances, the negotiated sales price would constitute a reasonable consideration for the property. (c) When any surplus property is sold to a charitable institution or to a public corporation pursuant to subsection (b) of this Code section, the sale shall be subject to the following conditions: (1) The property shall not be resold by the purchaser within one year after the sale without the written consent of the Department of Administrative Services GSA; and (2) The Department of Administrative Services GSA shall have the right and obligation to supervise the resale of the property at public outcry to the highest responsible bidder if the resale is within one year after the sale and, if the resale price exceeds the original negotiated sales price, the amount of the excess shall be paid to the Department of Administrative Services GSA. 50-5-145. Nothing contained within Code Sections 50-5-140 through 50-5-144 and 50-5-146 This article shall not be construed so as to apply to any real property owned by the state, and such Code sections shall not apply to such property, nor and shall not such Code sections be construed so as to prohibit the Attorney General from distributing or selling the published reports of the opinions of the Attorney General. 50-5-146. Any person who causes state property having a value of less than $200.00 to be disposed of in violation of this article shall be guilty of a misdemeanor. If such property has a value of $200.00 or more, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years. 2168 JOURNAL OF THE HOUSE ARTICLE 5 50-5-160. This article shall be known and may be cited as the 'State Properties Code.' 50-5-161. As used in this article, the term: (1) 'Acquire,' 'acquisition,' and 'acquiring' mean the obtaining of real property by any method including, but not limited to, gift, purchase, condemnation, devise, court order, and exchange. (2) 'Administrative space' means any space, whether existing or to be constructed, that is required by a state entity for office, storage, or special purposes and that is required for the core mission of such state entity. In order to be required, the space must be necessary for and utilized in either: (A) The performance of the duties that the state entity is obligated by law to perform; or (B) The delivery of the services that the state entity is authorized or required by law to provide. (3) 'Deed' means either a fee simple deed without warranty or a quitclaim deed. (4) 'Entities' or 'entity' means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions of the state. (5) 'Lease' means a written instrument under the terms and conditions of which one party (lessor) out of its own estate grants and conveys to another party or parties (lessee) an estate for years retaining a reversion in itself after such grant and conveyance. (6) 'Mineral resources' means, but is not limited to, sand, sulfur, phosphate, oil, and gas. (7) 'Person' means any individual; general or limited partnership; joint venture; firm; private, public, or public service corporation; association; authority; fiduciary; governmental body, instrumentality, or other organization of the state; county of the state; municipal corporation of the state; political subdivision of the state; governmental subdivision of the state; and any other legal entity doing business in the state. (8) 'Power,' 'empower(ed),' 'authority,' and 'authorized' are synonymous and when each is used it shall include the other, the same as if the other had been fully expressed. When the GSA has the power or is empowered, it has the authority and is authorized. 'Authorized' and 'may' shall imply discretion and not requirement. (9) 'Property' means: (A) The Western and Atlantic Railroad including all the property associated with the railroad as of December 26, 1969, unless the same has otherwise been provided for by Act or resolution of the General Assembly; (B) All the property owned by the state in Tennessee other than that property included in subparagraph (A) of this paragraph; FRIDAY, MARCH 26, 2010 2169 (C) The state owned property facing Peachtree, Cain, and Spring streets in the City of Atlanta, Fulton County, Georgia, upon which the Governor's mansion once stood and which is commonly referred to and known as the 'Henry Grady Hotel property' or 'old Governor's mansion site property'; (D) Any state owned real property the custody and control of which has been transferred to the GSA by executive order of the Governor; and (E) Any state owned real property the custody and control of which has been transferred to the GSA by an Act or resolution of the General Assembly without specific instructions for its disposition. (10) 'Rental agreement' means a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out of the landlord and the tenant has only usufruct. (11) 'Revocable license' means the granting, subject to certain terms and conditions contained in a written revocable license agreement, to a named person or persons (licensee), and to that person or persons only, of a revocable personal privilege to use a certain described parcel or tract of the property to be known as the licensed premises for a named purpose. Regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the licensee, a revocable license shall not confer upon the licensee any right, title, interest, or estate in the licensed premises, nor shall a revocable license confer upon the licensee a license coupled with an interest or an easement. A revocable license may be revoked, canceled, or terminated, with or without cause, at any time by the licensor (GSA). (12) 'Revocable license agreement' means a written instrument which embodies a revocable license and which sets forth the names of the parties thereto and the terms and conditions upon which the revocable license is granted. (13) 'State' means the State of Georgia. (14) 'State agency' or 'state agencies' means any department, division, bureau, board, commission, or agency within the executive branch of state government. (15) 'Terms and conditions' shall include stipulations, provisions, agreements, and covenants. 50-5-162. The GSA, under the supervision of the commissioner, in addition to other powers and duties set forth in other Code sections of this article, shall have the power and duty to: (1) Inspect, control, manage, oversee, and preserve the property; (2) Maintain at all times a current inventory of the property; (3) Authorize the payment of any tax or assessment legally levied by the State of Tennessee or any governmental subdivision thereof upon any part of the property situated within the State of Tennessee; (4) Prepare lease or sale proposals affecting the property for submission to the General Assembly; (5) Subject to the limitation contained in this article, determine all of the terms and conditions of each instrument prepared or executed by it; 2170 JOURNAL OF THE HOUSE (6) Have prepared, in advance of advertising for bids as provided for in Code Section 50-5-168, a thorough report of such data as will enable the GSA to arrive at a fair valuation of the property involved in such advertisement; and to include within the report at least two written appraisals of the value of the property which shall be made by a person or persons familiar with property values in the area where the property is situated; provided, however, that one of the appraisals shall be made by a member of a nationally recognized appraisal organization; and provided, further, that in the case of the Western and Atlantic Railroad, the appraisal, other than the one required to be made by a member of a nationally recognized appraisal organization, may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission; (7) Contract with any person for the preparation of studies or reports on: (A) The value of such property including, but not limited to, sale value, lease value, and insurance value; (B) The proper utilization to be made of such property; and (C) Any other data necessary or desirable to assist the GSA in the execution and performance of its duties; (8) Insure the improvements on all or any part of the property against loss or damage by fire, lightning, tornado, or other insurable casualty; and insure the contents of the improvements against any such loss or damage; (9) Inspect as necessary any of the property which may be under a lease, rental agreement, or revocable license agreement in order to determine whether the property is being kept, preserved, cared for, repaired, maintained, used, and operated in accordance with the terms and conditions of the lease, rental agreement, or revocable license agreement and to take such action necessary to correct any violation of the terms and conditions of the lease, rental agreement, or revocable license agreement; (10) Deal with and dispose of any unauthorized encroachment upon, or use or occupancy of, any part of the property, whether the encroachment, use, or occupancy is permissive or adverse, or whether with or without claim of right therefor; to determine whether the encroachment, use, or occupancy shall be removed or discontinued or whether it shall be permitted to continue and, if so, to what extent and upon what terms and conditions; to adjust, settle, and finally dispose of any controversy that may exist or arise regarding any such encroachment, use, or occupancy in such manner and upon such terms and conditions as the GSA may deem to be in the best interest of the state; to take such action as the GSA may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use, or occupancy; and to institute and prosecute for and on behalf of and in the name of the state such actions and other legal proceedings as the GSA may deem appropriate for the protection of the state's interest in or the assertion of the state's title to such property; (11) Settle, adjust, and finally dispose of any claim, dispute, or controversy of any kind whatsoever arising out of the terms and conditions, operation, or expiration of any lease of the property or grant of rights in the property; FRIDAY, MARCH 26, 2010 2171 (12) Negotiate and prepare for submission to the General Assembly amendments to any existing lease, and such amendments shall not, for the purposes of paragraph (4) of this Code section and Code Section 50-5-168, be interpreted as lease proposals or proposals to lease, provided: (A) That the lessee of the lease as it is to be amended shall be either the lessee, a successor, an assignee, or a sublessee as to all or a portion of the property described in the lease as first executed or as previously amended; and (B) That unless otherwise provided in the lease as first executed or as previously amended: (i) The GSA shall prepare each amendment in at least four counterparts all of which shall immediately be signed by the lessee, whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. The signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as provided in this Code section. A resolution containing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly. The resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (ii) If either the House of Representatives or the Senate fails to adopt the resolution during the regular session by a constitutional majority vote in each house, the offer shall be considered rejected by the General Assembly; (iii) If the resolution is adopted during the regular session by a constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, the offer shall be considered rejected by the Governor; (iv) If the resolution is adopted during the regular session by a constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, whenever in the judgment of the GSA all of the precedent terms and conditions of the amendment and the resolution, if there are any, have been fulfilled or complied with, the Governor shall execute and the GSA shall deliver to the lessee the amendment for and on behalf of and in the name of the state. The Governor's signature shall be attested by the Secretary of State. The Secretary of State shall also affix the great seal of the state to the amendment; and (v) On or before December 31 in each year, the GSA shall submit a report describing all amendments negotiated during that year or under negotiation at the date of the report to the chairpersons of the Senate Appropriations Committee and the House Committee on Appropriations; (13) Exercise such other powers and perform such other duties as may be necessary or desirable to inspect, control, manage, oversee, and preserve the property; 2172 JOURNAL OF THE HOUSE (14) Do all things and perform all acts necessary or convenient to carry out the powers and fulfill the duties given to the GSA in this article; (15) Perform all terms including but not limited to termination, satisfy all conditions, fulfill all requirements, and discharge all obligations and duties contained in all leases or contracts of sale of the property which: (A) Provide that the GSA is empowered to act or shall act for and on behalf of the state (lessor or seller); and (B)(i) Have previously been approved and adopted or authorized by a resolution of the General Assembly; or (ii) May be approved and adopted or authorized by a resolution of the General Assembly with the latter resolution being approved by the Governor; (16) Perform all terms, satisfy all conditions, fulfill all requirements, discharge all obligations, and otherwise implement the disposition of real property for and on behalf of the state when the General Assembly so provides in any enactment, including Acts or resolutions, authorizing or directing a disposition of real property of the state or of any instrumentality of the state; and (17) Provide or perform acquisition related services to or for all state entities. 50-5-163. (a) The GSA is empowered to and may acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the GSA first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state. (b) Such an acquisition as described in subsection (a) of this Code section shall be in the name of the state, custody in the GSA, as a 'property' similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (9) of Code Section 50-5-161. Such an acquisition may be made by the GSA without a request to acquire from another state agency or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services. (c) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-5-168, the GSA, acting for and on behalf of and in the name of the state, is empowered and may deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use. (d) Except as otherwise provided for in this Code section, the powers set forth in subsections (a), (b), and (c) of this Code section are cumulative, and not in derogation, of other powers of the GSA as set forth in this article. (e) The powers set forth in subsections (a), (b), and (c) of this Code section are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers FRIDAY, MARCH 26, 2010 2173 are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government. 50-5-164. The GSA shall: (1) Develop policies and procedures for state-wide real property management; (2) Maintain a state-wide real property management system that has consolidated real property, building, and lease information for state entities; (3) Develop and maintain a centralized repository of comprehensive space needs for all state entities including up-to-date space and resource utilization, anticipated needs, and recommended options; (4) With the advice and counsel of state entities, board members, and industry groups, provide state-wide policy leadership, recommending legislative, policy, and other similar changes and coordinating master planning to guide and organize capital asset management; (5) As needed, secure portfolio management expertise to accomplish the desired policy outcomes; (6) Seek the cooperation of all state entities to increase the effectiveness of the portfolio management approach; and (7) Provide assistance to all entities in achieving space and real property reporting requirements, in accordance with state law, in the acquisition and disposition of real property and leases and in evaluating compliance and operational practices. 50-5-165. The GSA shall cause all of its records, including but not limited to minutes or transcripts, reports, studies, forms of instruments, bidding papers, notices, advertisements, invitation for bids, bids, executed instruments, and correspondence, to be kept and maintained permanently. Such records shall be open to public inspection and may be inspected by any citizen of the state during usual business hours unless the same are being used by the GSA or by its employees in the performance of its or their duties. 50-5-166. The commissioner is authorized to adopt, after reasonable notice and hearing thereon, such rules and regulations as he or she may deem appropriate for the exercise of the duties of the GSA under this article. Until otherwise specified by the commissioner, the rules and regulations formerly adopted by the State Properties Commission shall remain in effect to the extent applicable. 50-5-167. (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia; the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to 2174 JOURNAL OF THE HOUSE be used for the construction and operation thereon of boat-launching ramps; the Technical College System of Georgia in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees; and the GSA resulting from transfers of custody and control of real property to the GSA by executive order of the Governor or by Act or resolution of the General Assembly and except as otherwise provided by law and as otherwise required by the nature of the transaction conveying real property to the state or any entity thereof: (1) All state entities shall acquire real property through the GSA; and (2) The title to all real property acquired shall be in the name of the state, except for state authorities which shall hold title in their own name. The conveyance shall have written or printed in the upper right-hand corner of the initial page thereof the name of the state entity for which the real property has been acquired who is the custodian thereof. (b) The commissioner is authorized to establish, and amend when the commissioner deems it necessary, a procedure to facilitate the handling by the GSA of requests for acquisition of real property. (c) The state entity requesting acquisition of real property shall provide all of the funds necessary to acquire the real property. 505-168. (a) Any proposal to lease, other than a lease of mineral resources, or sell any part of the property shall be initiated and carried out in accordance with this Code section. (b) Any such lease or sale shall be made upon public competitive bidding, and the invitation for bids shall be advertised once a week for four consecutive weeks in the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the property to be bid upon and in the legal organ of Fulton County, Georgia. Prior to such advertising, the GSA shall prepare a proposed form of lease or contract of sale and deed and appropriate instructions which shall be furnished to prospective bidders under such conditions as the GSA may prescribe. (c) Sealed bids shall be submitted to the GSA and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the GSA. All bids shall be opened in public on the date and at the time and place specified in the invitation for bids. The GSA shall formally determine and announce which bid and bidder it considers to be most advantageous to the state. The GSA shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. (d) When the GSA formally determines and announces which bid and bidder it considers to be most advantageous to the state, the GSA shall then prepare the instrument of lease or contract of sale and deed in at least four counterparts which shall be immediately signed by the prospective lessee or purchaser, whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. The signing shall constitute a bid by the prospective lessee or purchaser and shall not be subject to revocation by the prospective lessee or FRIDAY, MARCH 26, 2010 2175 purchaser unless it is rejected by the General Assembly or the Governor as provided in this Code section. A resolution containing an exact copy of the proposed lease or contract of sale and deed, or to which an exact copy of the proposed lease or contract of sale and deed is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly. The resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill. (e) If either the House of Representatives or the Senate fails to adopt the resolution during the regular session by a constitutional majority vote in each house, the bid shall be considered rejected by the General Assembly. (f) If the resolution is adopted during the regular session by a constitutional majority vote of both the House of Representatives and the Senate but is not approved by the Governor, the bid shall be considered rejected by the Governor. (g) If the resolution is adopted during the regular session by a constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, the Governor shall execute and the GSA shall deliver to the purchaser the contract of sale for and on behalf of and in the name of the state, and thereupon both parties to the agreement shall be bound thereby. The Governor's signature shall be attested by the Secretary of State. The Secretary of State shall also affix the great seal of the state to the contract of sale. Whenever, in the judgment of the GSA, all of the terms and conditions of the contract of sale, or all of the precedent terms and conditions of the contract of sale, or all of the precedent terms and conditions of the lease have been fulfilled or complied with, the Governor shall execute and the GSA shall deliver to the purchaser or lessee the deed or lease for and on behalf of and in the name of the state. The Governor's signature shall be attested by the Secretary of State. The Secretary of State shall also affix the great seal of the state to the deed or lease. 50-5-169. The GSA shall not submit to the General Assembly for its consideration any lease which provides that either: (1) The lessee will not obtain possession of the leased premises within a period of five years from the commencement date of the regular session of the General Assembly to which the lease is submitted for consideration; or (2) The term of the lease will not commence within a period of five years from the commencement date of the regular session of the General Assembly to which the lease is submitted for consideration. 50-5-170. (a) Notwithstanding any provisions and requirements of law to the contrary, the GSA is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without public competitive bidding, to a person 2176 JOURNAL OF THE HOUSE for a length of time not to exceed one year and for adequate monetary consideration, in no instance to be less than a rate of $250.00 per year, which shall be determined by the GSA and pursuant to such terms and conditions as the GSA shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the GSA shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The GSA is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Department of Labor may manage their own space but only for leases that are within the State of Georgia and required for their core mission. The GSA shall manage in a manner that is the most cost efficient and operationally effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the GSA pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of cost-effective, decentralized alternatives. (c) The management of the utilization of administrative space by the GSA shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the GSA and assigned to the state entity or entities requiring the space. (d) If the GSA reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned shall pay to the GSA rental charges, as determined by the GSA, for the utilization of the space; and the GSA shall, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor of the administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the GSA shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the GSA by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 2010; and the powers given to the GSA by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. FRIDAY, MARCH 26, 2010 2177 (f) The GSA is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The GSA shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any additional administrative space required by a state entity shall be approved by and obtained through the GSA. The GSA shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The GSA shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the GSA to all state entities requesting an exception to the standards. (h) For purposes of cost effectiveness and decentralization, the following factors, among other factors, shall be considered: (1) Dual location of programs within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all factors are reasonably equivalent, preferences shall be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, meaning those 71 tier 1 counties of the state designated as least developed under paragraph (2) of subsection (b) of Code Section 48-7-40. (i) The GSA is authorized and directed to promulgate rules and regulations governing budgetary requirements for administrative space utilized by state entities in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the GSA by state entities or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state entities or any combination of the foregoing. (j) In addition to the standards and rules and regulations specifically provided for by this Code section, the commissioner is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively. 50-5-171. (a) Notwithstanding any provisions and requirements of law to the contrary, the GSA shall have the exclusive power to negotiate, prepare, and grant in its own name, without public competitive bidding, a revocable license to any person to enter upon, extend from, cross through, over, or under, or otherwise to encroach upon any of the property 2178 JOURNAL OF THE HOUSE under the custody and control of the GSA or under the custody and control of any state agency which is subject to the requirements of Code Section 50-5-167. (b) Any grant of revocable license by the GSA to any person shall be in writing and shall contain such terms and conditions as the GSA shall determine to be in the best interest of the state, provided that: (1) Each grant of revocable license, if not revoked prior to, shall stand revoked, canceled, and terminated as of the third anniversary of the date of the revocable license agreement; (2) Each grant of revocable license shall provide that, regardless of any and all improvements and investments made, consideration paid, or expenses and harm incurred or encountered by the licensee, the same shall not confer upon the licensee any right, title, interest, or estate in the licensed premises nor confer upon the licensee a license coupled with an interest or an easement, such grant of a revocable license conferring upon the licensee and only the licensee a mere personal privilege revocable by the GSA, with or without cause, at any time during the life of the revocable license; (3) Each grant of revocable license shall be made for an adequate monetary consideration of not less than $650.00, the adequacy of which shall be determined by the GSA in considering the factors involved in each grant, particularly for whose principal benefit the revocable license is being granted; however, if the GSA determines that the revocable license directly benefits the state, then any monetary consideration set by the GSA shall be deemed adequate; and (4) Any grant of revocable license shall be subject to approval by any appropriate state regulatory agency that the proposed use of the licensed property meets all applicable safety and regulatory standards and requirements. (c) This Code section shall not be construed or interpreted as amending, conflicting with, or superseding any or all of Code Section 46-5-1, relating to the construction of telegraph or telephone lines. (d) This Code section shall not apply to the issuance or renewal of revocable licenses or permits for the construction and maintenance of boat docks on High Falls Lake. Such revocable licenses or permits shall be issued by the Department of Natural Resources pursuant to Code Section 12-3-34. 50-5-172. (a) The GSA for and on behalf of and in the name of the state is authorized to enter into, without the necessity of prior public competitive bidding, a written contract with any person, whereby such person is permitted to explore any state owned lands for indications of mineral resources. (b) The GSA for and on behalf of and in the name of the state is further authorized to lease to any person the mineral resources located on state owned lands and to execute, grant, and convey to such person a lease upon such terms and conditions and permitting such operations as the GSA shall determine to be in the best interest of the state including, but not limited to: FRIDAY, MARCH 26, 2010 2179 (1) The exclusive right to drill, dredge, and mine on the leased premises for mineral resources and to produce and appropriate any and all of the same therefrom; (2) The right to use, free of charge, mineral resources and water from the leased premises in conducting operations thereon and in treating to make marketable the products therefrom; (3) The right to construct and use on the leased premises telephone and telegraph facilities, pipelines, and other facilities necessary for the transportation and storage of mineral resources produced therefrom; (4) The right to construct and use such canals and roads as are necessary for lessee's operations under the lease; and (5) The right to remove at any time from the leased premises any property placed thereon by lessee. (c) When any person shall desire to lease any state owned lands pursuant to this Code section, application therefor shall be made to the GSA in writing. The application shall include an accurate legal description and a locational, dimensional, and directional sketch acceptable to the GSA or a plat of survey of the land sought to be leased and such other information as the GSA may require and shall further include a certified check for $50.00 which shall be deposited with the GSA as evidence of the good faith of the applicant, which sum shall only be returned to an applicant who bids for but fails to secure a lease. (d) When the GSA shall desire to lease state owned lands, or upon receipt of an application by any person desiring to lease any state owned lands, the GSA shall make an inspection of the land sought to be leased and such geophysical and geological surveys thereof as the GSA may deem necessary. The GSA, after receiving a report on the nature, character, surroundings, and mineral resource value of the land, may offer for lease, through public competitive bidding, all or any portion of the land described in the application. The GSA shall cause to be published once a week for two consecutive weeks in the legal organ and in one or more newspapers of general circulation in the county or counties wherein is situated the land to be bid upon and in the legal organ of Fulton County an advertisement of an invitation for bids setting forth therein an accurate legal description of the land proposed to be leased; the date, time, and place when and where bids therefor will be received; and such other information as the GSA may deem necessary. Prior to the advertising, the GSA shall prepare a proposed form of lease and appropriate instructions which shall be furnished to prospective bidders under such conditions as the GSA may prescribe. Sealed bids shall be submitted to the GSA and each bid shall be accompanied by a bid bond or such other security as may be prescribed by the GSA. (e) All bids shall be opened in public on the date and at the time and place specified in the advertisement of the invitation for bids. The GSA shall formally determine and announce which bid and bidder it considers to be most advantageous to the state. The GSA shall have the right to reject any or all bids and bidders and the right to waive formalities in bidding. 2180 JOURNAL OF THE HOUSE (f) The GSA, acting for and on behalf of and in the name of the state, is authorized to execute, grant, and convey a lease pursuant to this Code section on any state owned land to any state agency without the necessity of complying with the public competitive bid procedure stated in this Code section; provided, however, the mineral resources so mined, dredged, and removed from the state owned land must be utilized on projects of the state agency. (g) Each lease granted under this Code section after competitive bidding shall provide for a primary term of not more than ten years and shall provide for a royalty on production therefrom of not less than one-eighth part of any oil produced and saved, or the value of same, and one-eighth part of the gas, or the value of same, that may be produced from and is sold or used off the premises. The lease shall provide for delay rentals in the sum of at least 10 per net mineral acre payable on or before the first anniversary date of the lease, 25 per net mineral acre payable on or before the second anniversary date of the lease, 50 per net mineral acre payable on or before the third anniversary date of the lease, and at least $1.00 per net mineral acre payable on or before each subsequent anniversary date during the primary term of the lease. The lease may contain such other provisions, including provisions for offset drilling, protection from drainage, pooling, and lease maintenance by resumption of interrupted delay rental payments, operations for drilling, production, and force majeure, as may be desired or determined appropriate by the GSA. (h) An electric log of each development well shall be filed with the GSA and with the Department of Natural Resources within 30 days after the well has been completed or abandoned. An electric log of each exploratory well shall be filed with the GSA within six months after the completion or abandonment of the well; but, if the operator of the well requests that the log be treated as confidential, the request for confidentiality shall be honored strictly for an additional period of six months; provided, however, that nothing in this article shall be construed so as to repeal any requirement of Part 2 of Article 2 of Chapter 4 of Title 12. (i) The development and operation of oil and gas wells on state owned lands shall be done, so far as practicable, in such manner as to prevent the pollution of water; destruction of fish, oysters, and marine life; and the obstruction of navigation. (j) Notwithstanding any other provisions of this Code section to the contrary, when it is determined to be in the best interest of the state, the GSA, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any person a lease which authorizes the person to dredge a portion of the bottom or bank of a state owned waterway or waters and to appropriate any and all products from such dredging, subject to the following conditions: (1) A written request for a lease and a locational, dimensional, and directional sketch or a plat of survey of the proposed lease premises, prepared at the sole cost and expense of the person requesting the lease, in form and content acceptable to and approved by the GSA, and showing and describing thereon the lease premises of the lease, must be received by the GSA detailing therein the reason and all the particulars for the request and outlining the purpose and use to be made of any and all products FRIDAY, MARCH 26, 2010 2181 derived from such dredging. If a sketch is submitted to and is approved and accepted by the GSA, paragraph (3) of subsection (b) of Code Section 50-16-122, relating to the requirement of the filing with the Secretary of State of a plat of survey with a conveyance disposing of real property, shall be relaxed; and the Secretary of State in such a transaction shall accept in lieu of the required plat of survey the sketch which was approved and accepted by the GSA; (2) The GSA shall forward for comment and advice to the Department of Natural Resources and to the state agency, department, authority, commission, official, or board (if other than the Department of Natural Resources) that has current custody and control of the proposed lease premises, the written request and sketch or plat of survey received by the GSA; (3) The GSA shall investigate, require compliance with all conditions laid down by the GSA, and determine the form and all of the terms, conditions, provisions, and considerations of, incorporations in, and attachments to each such lease negotiated, prepared, executed, and issued (granted and conveyed) by the GSA; provided, however, that the term of any such lease shall not exceed five years and provided, further, that any such lease shall contain a provision requiring that any activity undertaken pursuant to the lease be in compliance with the applicable provisions of all state environmental or natural resources laws administered or enforced by the Department of Natural Resources or its successor and with all applicable policies of the Georgia Coastal Management Board or its successor; (4) Both the Department of Natural Resources and any state agency, department, authority, commission, official, or board that has current custody and control of the proposed lease premises must execute the written grant and conveyance of lease, each indicating by the execution that it has no objection to the granting and conveying of the lease; and (5) The form of execution by the GSA which is acting for and on behalf of and in the name of the state of each such lease shall be as follows: Signed, sealed, and delivered in the presence of: STATE OF GEORGIA Acting By And Through The General Services Administration By: __________________(Seal) Name: ____________________ Title: Commissioner of the General Services Administration Attest: ______________(Seal) Name: ___________________ Title: Secretary of State (State Seal) 2182 JOURNAL OF THE HOUSE ______________________ Witness ______________________ Notary public My commission expires ______________. (Notary public seal impressed here) (k)(1) As used in this subsection, the term: (A) 'Eligible person' means any person who is the owner of the oil and gas interests in lands adjoining the state owned land sought to be leased by said person such that at least 75 percent of the boundary of the state owned land sought to be leased is bordered by said adjoining lands. (B) 'Oil and gas' shall include affiliated hydrocarbons and gases. (C) 'Owner of the oil and gas interests in lands' means the person or persons who have the right to drill for oil and gas on those lands and appropriate the production either for themselves and another or others. (2) Notwithstanding any other provisions of this Code section to the contrary, when it is determined by the GSA to be in the best interests of the State of Georgia, the GSA, acting for and on behalf of and in the name of the State of Georgia, is authorized to grant and convey to any eligible person an oil and gas lease which authorizes such person to extract and remove from state owned lands all oil, gas, and affiliated hydrocarbons and gases without the necessity of complying with the public competitive bid procedure set forth in this Code section, subject to and upon the following conditions: (A) Upon application by any interested person for an oil and gas lease pursuant to this subsection, the GSA shall determine whether or not the applicant is an eligible person. If the GSA determines that the applicant is an eligible person, then the GSA is authorized to grant and convey to the applicant an oil and gas lease covering the state owned land sought to be leased and described in the application without the necessity of complying with the public competitive bid procedure set forth in this Code section. Nothing in this subsection shall prevent the GSA from complying with the public competitive bid procedure set forth in this Code section when leasing the state owned land described in the application or any other state owned land if it finds such procedure to be in the best interests of the State of Georgia; (B) The application for the oil and gas lease shall be in writing and shall contain a request for an oil and gas lease; a description of the state owned land sought to be leased; a locational, dimensional, and directional sketch in a form acceptable to the GSA or a plat of survey of the state owned land sought to be leased; a true statement that the applicant is the owner of the oil and gas interests in lands adjoining the state owned land sought to be leased such that at least 75 percent of the boundary of the state owned land sought to be leased is bordered by said adjoining lands; copies of all oil and gas leases or deeds to the lands adjoining the state owned lands sought to be leased and by which the applicant claims the ownership of the oil and gas FRIDAY, MARCH 26, 2010 2183 interests; and a list of the names and addresses of all owners of the oil and gas interests in the lands adjoining the state owned land sought to be leased describing the nature of their interest. The entire application shall be in a form acceptable to the GSA; (C) Any lease granted to any person pursuant to this subsection shall be subject to subsection (g) of this Code section; (D) Prior to the execution of any oil and gas lease pursuant to this subsection, the GSA shall enter into an agreement with the department or agency which has legal title to or custody of the state owned lands sought to be leased. The agreement shall contain the department's or agency's certification that the state owned land is available for leasing and such other terms and provisions which the parties to the agreement deem necessary to protect the state owned land; and (E) The form of execution by the commissioner, who is acting for and on behalf of and in the name of the State of Georgia, of each oil and gas lease shall be as set forth in paragraph (5) of subsection (j) of this Code section. 505-173. (a) The GSA, acting for and on behalf of and in the name of the state, is empowered to take or damage by condemnation and the power of eminent domain for the public purposes of the state any private property upon first paying or tendering just and adequate compensation to the owner of such private property. The power of eminent domain shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the GSA, acting for and on behalf of and in the name of the state, shall take the form provided in Chapter 1 of Title 22 and Articles 1 and 2 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22. The power of condemnation and eminent domain to take or damage private property authorized by this Code section shall neither supersede nor abridge the powers of condemnation and eminent domain to take or damage private property given severally to the Department of Transportation and the Board of Regents of the University System of Georgia. (b) The GSA, acting for and on behalf of and in the name of the state, is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property. Condemnation proceedings by the GSA shall take the form provided in Article 3 of Chapter 2 of Title 22. As used in this subsection, the term 'public property' has the same meaning provided for in Code Section 50-16180. 505-174. The Department of Natural Resources is authorized to convey to municipalities, counties, or combinations thereof, in the name of the state, by appropriate instrument, all of the state's interest in any real property donated to the department at any time, in parcels not exceeding three acres, to be used for the construction and operation thereon 2184 JOURNAL OF THE HOUSE of boat-launching ramps without the prior approval of the GSA. The conveyance may be made without prior appraisal, without a plat, and without public bidding procedures and shall be made for nominal consideration or such consideration as may be agreed upon between the department and the other party or parties to the conveyance. 50-5-175. The Department of Natural Resources, the Public Service Commission, and all other state agencies are requested and directed to provide such technical assistance and services as shall be requested and needed by the GSA in the execution and performance of its duties under this article. 50-5-176. This article shall be liberally construed so as to effectuate the purposes of the article." SECTION 1-2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Chapter 20, relating to personnel administration, as follows: "CHAPTER 20 ARTICLE 1 45-20-1. (a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the State Personnel Administration as defined in this article, except as provided in Code Section 15-11-24.3. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be employees in the classified service so long as they remain in classified positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent core personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices. FRIDAY, MARCH 26, 2010 2185 (b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees in accordance with the following principles: (1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; (4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the state's goals and objectives; (5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) It shall be the responsibility of the State Personnel Administration Georgia Services Administration to perform the following functions: (1) Establish and maintain a state-wide system of pay ranges for all job classes; (2) Define job classes, establish associated minimum qualifications for those classes, and assign those classes to appropriate pay ranges; (3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency job classes; (4) Serve as the central contact point for all potential employees in order to streamline state-wide recruiting for applicants, to provide for a state-wide applicant data base, to refer applicants to agencies, and make applicant data available to agencies for review and consideration; (5) Upon request, develop Develop, validate, or develop and validate applicant screening devices being utilized by agencies; (6) Upon request, administer Administer screening devices on behalf of agencies; (7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs; (8) In consultation with agencies, establish state-wide criteria for the implementation of rules and policies adopted by the State Personnel Board commissioner of the Georgia Services Administration which agencies shall use in developing internal processes for classification, compensation, pay for performance, and performance management, including processes involved in defining job classes, establishing and applying associated minimum qualifications, assigning jobs to appropriate state-wide 2186 JOURNAL OF THE HOUSE pay ranges, developing and applying applicant screening methods, and measuring worker effectiveness; (9) Audit agencies' processes as referred to in paragraph (8) of this subsection and report findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force. The State Personnel Administration Georgia Services Administration shall not be required to distribute copies of the findings or annual report referred to in this paragraph to the members of the General Assembly but shall notify the members of the availability of the materials in the manner which it deems to be most effective and efficient; (10) Serve as consultant to agencies on work force planning and effective work force strategies, provide technical support assistance, and direct services to agencies as requested; and (11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the State Personnel Administration Georgia Services Administration by agencies. (d) Subsection (c) of this Code section shall not apply to the legislative or judicial branches or to the board of regents. (e) Each agency shall develop an annual work force plan according to state-wide criteria and guidelines and shall provide a report of such plan annually to the State Personnel Administration Georgia Services Administration for incorporation into the state-wide work force plan to be submitted to the Governor and the General Assembly by December 31 of each year for the subsequent fiscal year. (f) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. Guidelines defining consideration practices shall be developed at the state level. Agencies shall specify agency policies and practices to implement appropriate consideration of military veterans in filling agency job vacancies. (g) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article. 45-20-2. As used in this chapter, the term: (1) 'Appointing authority' means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions. (2) 'Classified service' means that employment status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9. 'Classified service' includes only those employees of state departments as defined in this Code section who were in the classified service as of June 30, 1996, and who have remained in classified positions without a break in service since that date. FRIDAY, MARCH 26, 2010 2187 (3) 'Commissioner of personnel administration' and 'commissioner' mean the chief executive officer of the State Personnel Administration who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies and rules of the State Personnel Board. (4) 'Classified employee' means an employee who was in the classified service as of June 30, 1996, and who has remained in a classified position without a break in service since that date. (5)(4) 'Classified position' means a position that was classified on June 30, 1996, and that subsequent to June 30, 1996, has not been held by an unclassified employee. (5) 'Commissioner' means the commissioner of the Georgia Services Administration provided for in Chapter 5 of Title 50. (6) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities, public corporations, the legislative and judicial branches, and the board of regents. 'Department' and 'agency' shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees. (7) 'Employment at will' means an employment relationship in which either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason. (8) 'Georgia Services Administration' or 'GSA' means the state agency created under Chapter 5 of Title 50. (8)(9) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. (9)(10) 'Rules and regulations' and 'merit system rules and regulations' mean means the governing provisions of the State Personnel Administration for administration of this chapter, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board commissioner and approved by the Governor; provided, however, that the rules and regulations formerly adopted by the State Personnel Board shall remain in effect until amended or superseded by the commissioner. (10)(11) 'State Personnel Board' and 'board' are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia. (11) 'State Personnel Board policies' means those policies adopted by the board and approved by the Governor which describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations. (12) 'Unclassified service' means employment at will and includes all employees except those in the classified service as defined in this Code section. (13) 'Working test' or 'working test period' means a probationary period of employment in a classified position during which the employee must demonstrate to 2188 JOURNAL OF THE HOUSE the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion of a classified employee to a classified position. The commissioner may fix the length of the working test period for any job at not less than six months nor more than 18 months exclusive of any time in nonpay status; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. (14) 'Working test employee' or 'employee on working test' means a classified employee serving a working test period in the position in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she had successfully completed a working test period shall retain appeal rights in the lower class until he or she successfully completes the working test period in the job to which he or she has been promoted. 45-20-3. (a)(1) The State Personnel Board shall prescribe the guidelines policy direction by which the state's personnel policies shall be administered. The state's personnel policies shall constitute a state merit system of personnel administration subject to governance by the commissioner under the policy direction provided by the board. The board shall hold regular meetings as needed for the proper discharge of its duties. (2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, plus reimbursement for 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 or official business. (3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum. (b) It shall be the specific duty and function of the State Personnel Board GSA: (1) To represent the public interest in the improvement of personnel administration in all state departments; (2) To determine appropriate human resource management goals and objectives and prescribe policies for their accomplishment; (3) At public hearings, to adopt and amend policies, rules, and regulations effectuating the State Personnel Administration and the state's personnel policies and practices subject to approval by the Governor. Notice of State Personnel Board meetings shall be released to all departments and agencies and shall be prominently posted at the office of the State Personnel Administration at least ten days prior to each board meeting; FRIDAY, MARCH 26, 2010 2189 (4) Where the board GSA deems a review appropriate, for employees of the classified service, to ensure that a review is afforded on a dismissal and other adverse personnel actions defined by the rules and regulations of the State Personnel Board. All appeals determinations of the board GSA shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies; (5) To assure the administration of state and federal laws relating to state personnel administration; and (6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the State Personnel Administration; and (7)(6) To promote public understanding of the purposes, policies, and practices of the State Personnel Administration state personnel system and to advise and assist the several state departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the state's personnel system. 45-20-3.1. (a) At least 30 days prior to the date of a public hearing held to consider the adoption of rules or regulations to effectuate this chapter, the State Personnel Board commissioner shall transmit a notice containing an exact copy of the proposed rule or regulation to each member of the State and Local Governmental Operations Government Oversight Committee of the Senate and the House Committee on Governmental Affairs Committee of the House of Representatives. The notice shall provide a citation to the authority pursuant to which the proposed rule or regulation is to be adopted and, if it amends an existing rule or regulation, such existing rule or regulation shall be clearly identified. The notice shall also state the date, time, and place of the public hearing at which adoption of the proposed rule shall be considered. (b) If, prior to the date of the public hearing at which the proposed rule or regulation is to be considered for adoption, the chairman chairperson of either legislative committee specified in subsection (a) of this Code section notifies the commissioner of personnel administration and the State Personnel Board that the committee objects to the adoption of the proposed rule or regulation or has questions concerning the purpose, nature, or necessity of the proposed rule or regulation, it shall be the duty of the State Personnel Board commissioner to consult with the committee prior to the adoption of the proposed rule or regulation. (c) If the State Personnel Board commissioner finds that the immediate adoption of a rule or regulation is necessary to secure or protect the interests of the State Personnel Administration GSA, such rule or regulation may be adopted on an emergency basis without following the procedures required by this Code section. In that event, the State Personnel Board commissioner shall adopt a resolution declaring the existence of an emergency and explaining the basis for such declaration as a condition necessary to adopt a rule or regulation on an emergency basis. Any rule or regulation adopted pursuant to the authority of this subsection shall expire in not more than 120 days 2190 JOURNAL OF THE HOUSE immediately following its adoption, but the adoption of an identical rule pursuant to the requirements of this Code section shall not be precluded. (d) Reserved. By not later than August 1, 1985, the State Personnel Board shall file with the Secretary of State a certified copy of all rules or regulations which were adopted by said board prior to July 1, 1985, and which are of force and effect on July 1, 1985, or which were adopted prior to July 1, 1985, to become effective after that date. Any rule or regulation adopted by the State Personnel Board prior to July 1, 1985, which is not filed with the Secretary of State by August 1, 1985, shall be void and of no force and effect after August 1, 1985. (e) Each rule or regulation adopted by the State Personnel Board commissioner on or after July 1, 1985 2010, shall when approved by the Governor become effective upon approval by the Governor adoption by the commissioner or such later date as is specified in the rule or regulation. The commissioner of personnel administration shall immediately file an original and two copies of the rule or regulation in the office of the Secretary of State. (f) Rules or regulations filed with the Secretary of State pursuant to subsections (d) and subsection (e) of this Code section shall contain a citation to the authority pursuant to which the rules or regulations are adopted and, when existing rules or regulations are amended, the filings required by said subsections (d) and (e) shall clearly identify the existing rules or regulations. The Secretary of State shall endorse on each filing required by subsections (d) and (e) of this Code section the time and date of the filing and shall maintain a file of the rules and regulations for public inspection. (g) Rules and regulations filed with the Secretary of State pursuant to the requirements of subsections (d), (e), and (f) of this Code section shall be published by the Secretary of State as a part of the rules of state agencies published by the Secretary of State pursuant to Code Section 50-13-7. (h) The courts shall take judicial notice of any rule which has become effective pursuant to this chapter. 45-20-4. (a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the commissioner, who shall serve at the pleasure of the Governor. (b) The duties and responsibilities of the commissioner in the administration of this chapter shall be: (1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties; (2) Consistent with board policy, to administer the operations of the State Personnel Administration and to otherwise act in the capacity of chief executive officer of the state personnel administration program; FRIDAY, MARCH 26, 2010 2191 (3)(1) To submit to the Governor the adopt rules and regulations adopted by the State Personnel Board effectuating the State Personnel Administration. Such rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, appointments, promotions, transfers, demotions, appeals of classified employees, reports of performance, payroll certification, and other phases of personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board Georgia Services Administration or any employee covered under the terms of this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget; (4)(2) To administer the rules and regulations and all other operational aspects of the State Personnel Administration and to assure compliance therewith in all departments; (5)(3) To appoint and prescribe the duties of the merit system GSA staff; (6)(4) To establish an annual budget covering all the costs of operating the State Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several departments covered served by the State Personnel Administration GSA based on each department's pro rata share of services provided, with the amounts and rates for such services to be established in each general or amended appropriations Act, provided that upon approval of such budget by the Governor, the Governor shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the State Personnel Administration in the same manner as appropriated funds are expended by other departments of the state; (7)(5) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters; and (8)(6) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract 2192 JOURNAL OF THE HOUSE and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and. (9) To appoint and prescribe the duties of a deputy commissioner of personnel administration who shall be the second highest executive officer in the State Personnel Administration and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner. 45-20-5. Reserved. (a) There is created the Council for State Personnel Administration. The objectives of the council shall be: (1) To promote improvements in the personnel program in state government; (2) To provide a forum for the interchange of information relating to the state personnel program; (3) To serve as a channel through which the operating agencies may express their opinions on matters affecting state personnel; (4) To seek equitable interpretation and application of the laws, rules, regulations, policies, and procedures which affect state personnel management and administration; and (5) To strive for professional consensus consistent with the democratic process in all actions which it may undertake. (b) Membership in the council shall be as defined in the bylaws of the council. (c) The council is authorized to adopt bylaws which prescribe its organizational structure, officers and terms and conditions of office, meeting schedules, and such other organizational and operational procedures as are necessary for its lawful and effective functioning. As the professional association authorized to represent the interests of the several departments in the area of state personnel administration, the council shall through its offices have direct access to the board, the commissioner, the Governor, and the General Assembly to present grievances, suggestions, and recommendations. 45-20-6. (a) The classified service as defined by Code Section 45-20-2 shall consist of only those employees who were in the classified service on June 30, 1996, and who have remained in a classified position without a break in service since that date. Any officer or employee who occupies occupied a classified position under the State Personnel Administration prior to July 1, 1996, or as provided in Code Section 15-11-24.3 shall remain in the classified service so long as such officer or employee shall remain in a classified position or as otherwise provided by law. Employees in the classified service FRIDAY, MARCH 26, 2010 2193 shall have, upon completing a working test period, appeal rights as provided in Code Sections 45-20-8 and 45-20-9. (b) The unclassified service as defined by Code Section 45-20-2 shall consist of all employees in the departments of state government not included in the classified service under this article. Employees in the unclassified service shall be employees at will and shall not be afforded appeal rights. (c) Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for membership under Chapter 2 of Title 47. (d) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain rights of appeal and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board commissioner shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection. 45-20-7. Reserved. 45-20-8. (a) Classified employees who have successfully completed a working test period may be dismissed from employment or otherwise adversely affected as to compensation or employment status only if such action is taken in accordance with the rules and regulations of the State Personnel Board governing adverse actions and appeals for classified employees. (b) This article is not intended to create a property interest in the job, but rather to create only a procedure under which classified employees can be dismissed or otherwise adversely affected. The procedure adopted for dismissing a classified employee from employment or otherwise adversely affecting his or her compensation or employment status shall include, as a minimum, that the appointing authority must provide the classified employee with reasons for the action and an opportunity to file an appeal and request a hearing which may be held before either the board or an administrative law judge of the Office of State Administrative Hearings; provided, however, that the hearing may be held subsequent to the effective date of the dismissal 2194 JOURNAL OF THE HOUSE or other purported adverse action; provided, further, that the right to appeal shall not apply when persons are dismissed or otherwise adversely affected as to compensation due to curtailment of funds or reduction in staff when such action is in accordance with the rules and regulations of the State Personnel Board. (c) No adverse action appealed to the State Personnel Board Georgia Services Administration under the rules and regulations of the board, this article, or otherwise shall be considered invalid for failure to follow or comply with the rules and regulations of the board, this article, or any other requirement unless it is shown that the individual against whom the action has been taken has been substantially harmed by the procedural failure. (d) The decision of the board Office of State Administrative Hearings on an appeal as to whether a dismissal or other adverse action was in accordance with the rules and regulations prescribed by the State Personnel Board shall be binding upon the appointing authority. The board Office of State Administrative Hearings may modify the action of the appointing authority but may not increase the severity of such action on the employee. Such appointing authority shall promptly comply with such order as may be issued as a result of the appeal to the State Personnel Board Office of State Administrative Hearings. The decision of the board Office of State Administrative Hearings shall not limit the rights of the employee or the department to judicial review as to errors of law, and such decision shall be stayed pending other further appeal. (e) For purposes of this Code section and Code Section 45-20-9, administrative law judges appointed by the chief state administrative law judge pursuant to Article 2 of Chapter 13 of Title 50 are authorized to shall hold hearings and otherwise assist the State Personnel Board Georgia Services Administration in the resolution of appeals. 45-20-9. (a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations as applied to classified employees shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. (b) The State Personnel Board, any member of the board, or an administrative law judge shall have the authority to do the following in connection with any hearing on a dismissal or other purported violation of the rules and regulations: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of the board's jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; and reprimand or exclude from the hearing any person for any indecorous or improper conduct FRIDAY, MARCH 26, 2010 2195 committed in the presence of the board or the administrative law judge conduct of the proceedings. (c) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. Once issued a subpoena may be quashed by the board or an administrative law judge if it appears that the subpoena was used primarily as a means of harassment, that the testimony or documents sought are cumulative, that the testimony or documents sought are not relevant, that the testimony or documents sought are not material, that to respond to the subpoena would be unduly burdensome, or that for other good reasons basic fairness dictates that the subpoena should not be enforced. (d) With respect to all hearings before the board or the administrative law judge: (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil nonjury cases in the superior courts of Georgia shall be followed. Evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men persons in the conduct of their affairs. The board proceedings shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (2) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request and at the discretion of the administrative law judge or board, parties shall be given an opportunity to compare the copy with the original; (3) A party may conduct such cross-examination as shall be required for a full and true disclosure of the facts; (4) Official notice may be taken of judicially recognizable facts. In addition, official notice may be taken of technical facts within the board's Georgia Services Administration's specialized knowledge. Parties shall be notified either before or during the hearing by reference in preliminary reports or otherwise of the material officially noticed, including any staff memoranda or data; and they shall be afforded an opportunity to contest the material so noticed. The board's Georgia Services Administration's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. (e)(1) With respect to hearings at which the board did not preside at the presentation of the evidence, the The administrative law judge who presided shall issue an initial decision within 30 days from the close of the evidence or if necessary within a longer period of time as ordered by the board or the administrative law judge. The initial decision shall be transmitted to the board Georgia Services Administration, and copies 2196 JOURNAL OF THE HOUSE shall be sent to the parties or their representatives. In the absence of an application for review from an adversely affected party to the board Georgia Services Administration within 30 days from the date the initial decision was issued or in the absence of an order by the board GSA within such time for review on its own motion, the decision shall become the decision of the board GSA without further proceedings or notice; and any right of additional appeals shall be extinguished. (2) On review of the entire record from the administrative law judge, the board GSA shall have all the powers it would have in presiding at the reception of the evidence, including the review of any motions granted or denied by the administrative law judge and including the review of any action taken by the administrative law judge. Both parties shall have the right to present oral arguments to the board GSA. Any presentation to the board GSA on the matter by an administrative law judge shall be made in the presence of the parties. No administrative law judge shall be present during the board's deliberations and voting on the application. At its discretion, the board GSA may take additional testimony or remand the matter to the administrative law judge for such purpose. (f) Unless precluded by law, informal disposition of any proceeding before the board GSA or the administrative law judge may be made by stipulation, agreed settlement, consent order, or default. (g) As a part of the initial decision or order subsequent to any hearing, the administrative law judge or the board shall include findings of fact and conclusions of law separately stated and the effective date of the decision or order. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Copies of the decision or order shall be mailed to all parties of record. (h) Any party, including the state and any state board, bureau, commission, or department, who has exhausted all administrative remedies available before the board GSA and who is aggrieved by a final decision or order of the board GSA on any hearing may seek judicial review of the final decision or order of the board GSA in the superior court of the county of the place of employment of the employee. (i) Proceedings for review shall be instituted by filing a petition with the court within 30 days after the decision or order is rendered. Copies of the petition shall be served upon the board GSA and all parties of record. The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision of the board GSA, and the grounds upon which the petitioner contends the decision or order should be reversed or remanded. The petition may be amended with leave of court. (j) Within 30 days after the service of the petition or within further time allowed by the court, the board GSA shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. FRIDAY, MARCH 26, 2010 2197 (k) The filing of the petition shall stay the enforcement of the board's GSA's decision or order. (l) If before the date set for hearing the appeal by the superior court application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the board GSA, the court may order that the additional evidence be taken before the board GSA upon conditions determined by the court. The board GSA may modify its findings and decision or order by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions and orders with the reviewing court. (m) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the board GSA as to the weight of the evidence on questions of fact. The court may affirm the decision or order of the board GSA or remand the case for further proceedings. The court may reverse the decision or order of the board GSA if substantial rights of the petitioner have been prejudiced because the board's GSA's findings, inferences, conclusions, decisions, or orders are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the board GSA; (3) Made upon unlawful procedure; (4) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (5) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (n) A party aggrieved by an order of the court in a proceeding authorized under this Code section may appeal to the Supreme Court of Georgia or the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5. 45-20-10. In order to furnish the Governor, the General Assembly, and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the Office of Planning and Budget shall submit to the commissioner such payroll and other essential personnel data as may be prescribed and approved by the Governor. The commissioner shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution of employees by departments filled and unfilled full-time employee positions of each agency at the budgetary program level, and other pertinent personnel information. 45-20-11. Reserved. The state auditor shall perform periodic operational audits of the State Personnel Administration. Such audits shall also be performed at the request of the Governor, the commissioner, or the General Assembly. Reports of audit findings shall 2198 JOURNAL OF THE HOUSE be filed with the board, the commissioner, and the Governor. The state auditor shall not be required to file copies of the audit findings with the members of the General Assembly but shall notify the members of the availability of audit findings in the manner which he or she deems to be most effective and efficient. 45-20-12. (a) The State Personnel Board and the State Personnel Administration are GSA is authorized and directed to implement a sequential series of leadership development courses of study and preparation in order to enhance the capacity of supervisors, managers, and executives to lead people at the direct, organizational, and strategic levels. (b) The Governor's Executive Leadership Institute is implemented by the State Personnel Board and the State Personnel Administration GSA with the following objectives: (1) To establish and maintain a state government executive leadership development program to train and prepare current and future state government leaders; (2) To foster and maintain higher developmental, educational, and ethical standards in the field and practice of public leadership and management; and (3) To assist agencies of state government by establishing a more objective measure of a leader's professional preparation and knowledge. 45-20-13. Reserved. 45-20-14. Reserved. 45-20-15. (a) As used in this Code section, the term: (1) 'Counseling session' means any discussions or meetings between a state employee and an official or other employee of the State Personnel Administration GSA which are conducted under an official program established by the commissioner. (2) 'Information' means any written document or material acquired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session. (3) 'Program' means the employee relations counseling function established by the commissioner under which an employee is entitled to confidential counseling with regard to job related problems. (b) Except as provided in subsections (c), (d), and (e) of this Code section, information received or developed by the State Personnel Administration GSA staff in performing its counseling functions shall be maintained as confidential by the State Personnel Administration GSA and shall not be subject to disclosure by the State Personnel FRIDAY, MARCH 26, 2010 2199 Administration GSA unless such information relates directly to proof of the possible violation of a criminal statute. (c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the information was produced. (d)(1) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session. (2) The State Personnel Administration GSA counselor may disclose information obtained in a counseling session to a manager of the State Personnel Administration GSA for the purpose of employee counseling. Any such disclosure shall be confidential and the person to whom the information is disclosed shall be subject to the restrictions contained in subsection (b) of this Code section. (e) Information received by a State Personnel Administration GSA counselor during a counseling session which indicates that unlawful activity is being conducted in the employee's agency may be disclosed to the commissioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action. (f) Any hearing before the board GSA or one of its hearing officers regarding the dismissal of a classified employee must shall be held in the county in which the employee is employed unless all parties agree to another location. 45-20-16. (a) As a part of employee compensation, the State Personnel Board commissioner shall establish rules for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in accordance with State Personnel Board such rules. (b) Any employee who has accumulated sick leave shall be authorized to utilize such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. An employee shall not be required to provide documentation for the use of less than 17 hours of sick leave in any 30 day period, unless the employee has demonstrated excessive or abusive use of sick leave. The State Personnel Board commissioner shall establish rules and regulations that define excessive or abusive use. (c) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termination, shall be forfeited and not restored to the employee. 2200 JOURNAL OF THE HOUSE (d) Personal leave may be used by the employee for personal reasons the same as annual leave upon approval by the employee's appointing authority. The employee shall normally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to accommodate employees on their requests for use of personal leave. (e) If the appointing authority disagrees with the claim of sickness or need to utilize sick leave made by the employee pursuant to subsection (d) of this Code section, the appointing authority may disapprove the use of such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure. (f) Any nontemporary employee in classified or unclassified service who forfeits accumulated sick leave as a result of withdrawal from employment with the state shall be entitled to regain such accumulated sick leave after such employee returns to state employment and remains in service for a period of two consecutive years. (g) The State Personnel Board commissioner shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1991, and not in conflict with this Code section shall remain in effect until amended, changed, modified, or repealed by the board. 45-20-17. Reserved. 45-20-18. Any state employee who commits a validated act of abuse towards a member of the public while performing employment duties shall not be eligible for any wage incentive payment during the period such act occurred. 45-20-19. (a) This subsection shall apply whenever any department or agency proposes to eliminate one or more nontemporary positions or terminate the employment of one or more nontemporary employees through a reduction in force. No position elimination or employment termination subject to this subsection may shall become effective until at least 30 days after the affected employee has been notified in writing by the department or agency. Such notice must contain at a minimum: (1) A statement of the nature of the proposed action to be taken with respect to the affected employee; (2) An explanation of the rights of the affected employee with respect due to the proposed reduction in force, including any right of appeal, or other opportunities with respect to regarding possible continued employment, any opportunities to apply for employment with any public or private party assuming the functions of the employee, or any other similar opportunities; and FRIDAY, MARCH 26, 2010 2201 (3) An explanation of the affected employee's rights and options with respect to regarding his or her employment benefits, including but not limited to any right to continued participation in any retirement system or insurance plan. (b) This subsection shall apply whenever any department or agency proposes to eliminate 25 or more nontemporary positions or terminate 25 or more nontemporary employees through a reduction in force. At least 15 days prior to giving the employee notice required by subsection (a) of this Code section, the department or agency shall give written notice to the President of the Senate and the Speaker of the House of the proposed reduction in force. Such notice shall: (1) Identify the facilities and operations to be affected and the estimated number of employees to be affected; and (2) State the reasons for the proposed action. (c) Subsections (a) and (b) of this Code section shall not apply to a reduction in force which must become effective immediately because the department or agency has insufficient funds available to pay the salaries of the affected employees. 45-20-20. (a) As used in this Code section, the term: (1) 'Employing unit' means that budget unit under the Appropriations Act through which an officer or employee receives compensation for services rendered as such officer or employee. (2) 'Federal law' means Section 3(a) of the Military Selective Service Act (50 App. U.S.C.A. 451, et seq.). (b) A state officer, other than an elected officer whose office is created by the Constitution, shall not be eligible to take office if such person is a male between 18 and 26 years of age unless, prior to taking the oath of office, such person presents proof to the Secretary of State of having registered with the Selective Service System as required by federal law or of being exempt from such registration. (c) A person employed by the state before July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, who is a male between 18 and 26 years of age shall be terminated for cause unless, by January 1, 1999, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such registration. (d) A person may shall not be hired as an employee of the state on or after July 1, 1998, other than an officer specified or exempted by subsection (b) of this Code section, if that person is a male between 18 and 26 years of age unless, prior to such hiring, such person presents proof to the employing unit of state government of having registered with the Selective Service System as required by federal law or of being exempt from such registration. 2202 JOURNAL OF THE HOUSE 45-20-21. The State Personnel Board commissioner shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the review and rating of the quality and quantity of work performed by employees. ARTICLE 2 45-20-30. Each state, county, and municipal officer and employee in this state shall be allowed a leave of absence, without loss of pay, of not more than eight hours in each calendar year for the purpose of donating blood. This absence shall be computed at two hours per donation, up to four times per year. However, any such officer or employee who donates blood platelets or granulocytes through the plasmapheresis process shall be allowed a leave of absence, without loss of pay, of not more than 16 hours in each calendar year which shall be computed at four hours per donation, up to four times per year. 45-20-31. (a) Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who serves as an organ donor for the purpose of transplantation shall receive a leave of absence, with pay, of 30 days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. The employee shall not be entitled to such leave of absence with pay unless he or she furnishes to his or her supervisor or other proper authority a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is making an organ donation as provided in this Code section. If such donation does not occur, the provisions of this Code section shall not be applicable. For the purposes of this Code section, the term 'organ' means a human organ, including an eye, that is capable of being transferred from the body of a person to the body of another person. (b) Each employee of the State of Georgia or of any branch, department, board, bureau, or commission of the State of Georgia who serves as a bone marrow donor for the purpose of transplantation shall receive a leave of absence, with pay, of seven days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. The employee shall not be entitled to such leave of absence with pay unless he or she furnishes to his or her supervisor or other proper authority a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is serving as a bone marrow donor as provided in this FRIDAY, MARCH 26, 2010 2203 Code section. If such donation does not occur, the provisions of this Code section shall not be applicable. ARTICLE 3 45-20-50. It is the purpose of this article to permit voluntary deductions from wages or salaries of employees of the State of Georgia for the benefit of eligible charitable health and human care organizations and to provide for the distribution of funds collected through a process which involves minimal disruption of work time and provides reasonable assurance to the employees that their contributions are well used. 45-20-51. As used in this article, the term: (1) 'Agency' means any agency, as defined in Code Section 45-20-2, which has fulltime paid state employees and, in addition thereto, shall include the board of regents, all units of the university system, public authorities, and public corporations. (2) 'Charitable organization' means any voluntary health, welfare, educational, or environmental restoration or conservation agency that is: (A) A private, self-governing, nonprofit organization chartered or authorized to do business in the State of Georgia by the office of the Secretary of State; (B) Exempt from taxation under Code Section 48-7-25; (C) One to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code, as amended; (D) Qualified as an organization as defined in Section 501(c)(3) of the United States Internal Revenue Code; and (E) Not a religious organization except that a religious organization is not disqualified to the extent that it operates a health, welfare, educational, or environmental restoration or conservation function on a nonsectarian basis with a distinct and separate budget for this function. (3) 'Eligible voluntary charitable organization' means a charitable organization which: (A) Actively conducts health, welfare, educational, or environmental restoration or conservation programs and provides services to individuals directed at one or more of the following common human needs within a community: family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day-care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups such as children and youth, the 2204 JOURNAL OF THE HOUSE aged, the ill and infirm, or the physically disabled; or provides services concerned with the ecological impact of altering the environment; or provides services concerned with the cultivation or imparting of knowledge or skills; (B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs; is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board commissioner may prescribe; or is a federated charitable organization that provides direct and substantial health and welfare services internationally whose activities do not require a local presence or provision of local services, which is authorized and certified by the Secretary of State to transact business in Georgia, which is compliant with the U.S. Office of Personnel Management's regulations issued pursuant to the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the Combined Federal Campaign, which has a registered agent in Georgia, and which otherwise meets the criteria of this paragraph; (C) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, national origin, or disability, which and such policy is applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; and (D) Does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policy. No charitable organization shall be approved by the State Personnel Board commissioner under more than one provision of subparagraph (B) of this paragraph. (4) 'Employee' means any person receiving a payroll check from the state for personal service to an agency. 45-20-52. The State Personnel Board commissioner shall serve as the policy-setting body set policy for administration of this article and shall have full power to promulgate, adopt, amend, or revoke such rules and regulations consistent with this article as may be necessary to implement this article. The board commissioner shall have specific authority to establish procedures under which charitable organizations may be evaluated for inclusion in the charitable deductions program. Only eligible voluntary charitable organizations which are approved by the board commissioner may participate in the program. Such procedures may include minimum participation levels based upon number of employees making a designated contribution, dollar amounts of designated contributions, or other factors as decided by the board commissioner and may exclude FRIDAY, MARCH 26, 2010 2205 otherwise eligible charitable organizations for failure to attain a minimum participation level. 45-20-53. (a) Any agency is authorized to deduct from the salaries or wages of its employees amounts designated by the employee for the purpose of contribution to charitable organizations. No such deduction procedure shall be implemented without the approval of the chief executive officer or governing board of the agency. (b) No deduction shall be made without the written request of the employee, which request shall designate the amount which is to be deducted. Deductions shall be made monthly or to coincide with each pay period as determined by the agency. No deduction shall be made for less than $1.00 per deduction period or for less than $1.00 per designated charitable organization. Employees shall be clearly apprised, on solicitation materials, of the manner in which funds will be distributed. All deduction authorizations shall remain continuously in effect until changed or canceled in writing by the employee. No deduction shall be made for the benefit of any organization which fails to secure approval of the board commissioner. 45-20-54. (a) No person shall disclose to any other person names of contributors or the amounts or designations of authorized charitable deductions of another, except as is necessary to accomplish the purpose of this article or as otherwise authorized in writing by the person whose contributions are sought to be disclosed. This prohibition against disclosure shall not, however, bar appropriate state or federal tax authorities from access necessary to establish the tax status of charitable organizations receiving these funds. (b) No person shall pressure, coerce, or in any way intimidate any employee to have charitable deductions made from the employee's salary or with reference to the amount of deductions to be made. Each agency shall review any violations or alleged violations of this subsection and assure that appropriate action is taken. Such action may include, without being limited to, discharge from employment, consistent with policies of the agency and with the rules and regulations of the board. 45-20-54.1. The board commissioner shall promulgate regulations necessary and expedient to accomplishing the distribution of funds deducted from employees' salaries, honoring employee designations. Undesignated funds shall be fairly and impartially distributed as determined by the board commissioner. 45-20-55. The state shall be reimbursed by participating charitable organizations, in direct proportion to their receipts, for its additional direct cost of making deductions and remitting the proceeds. To minimize time and administrative expense, activities related 2206 JOURNAL OF THE HOUSE to the management of the funds such as preparation of materials, solicitor training, fiscal agent duties, and similar activities may be delegated by the board commissioner to a participating party. 45-20-56. Deductions from salaries of employees and transmittal of funds to charitable organizations may be offered as a privilege for the convenience of employees and no right of action shall accrue to the employee or to any charitable organization for errors, omissions, or decisions of administrative employees or officials regarding such deductions. The board commissioner is the sole judge of charitable organizations approved for participation in the program. Charitable organizations may be disapproved without any liability on the part of any state official or employee. ARTICLE 4 45-20-70. As used in this article, the term 'employee assistance program' or 'program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the employee's effective job performance. 45-20-70.1. The State Personnel Board commissioner is authorized in its his or her discretion to establish an employee assistance program for all state employees and to adopt and promulgate rules and regulations for its administration. 45-20-71. Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his or her designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by an that employee. ARTICLE 5 45-20-90. As used in this article, the term: (1) 'Employee' means any employee required to be certified under the provisions of Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency, department, commission, bureau, board, or authority. 'Employee' shall also include any certified employee working under a personnel contract to provide personnel services, including but not limited to medical, security, or transportation services to a state or other public agency. FRIDAY, MARCH 26, 2010 2207 (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 State Personnel Board commissioner. (3) 'High-risk work' means those duties where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. (4) 'Illegal drug' means marijuana as defined in paragraph (16) of Code Section 1613-21, as amended; a controlled substance as defined in paragraph (4) of Code Section 16-13-21, as amended; a dangerous drug as defined in Code Section 16-1371, as amended; or any other controlled substance or dangerous drug that persons are prohibited from using. The term 'illegal drug' shall not include any drug when used pursuant to a valid medical prescription or when used as otherwise authorized by state or federal law. 45-20-91. (a) Employees working in high-risk jobs shall be subject to random testing for evidence of use of illegal drugs. (b) The head of each state agency, department, commission, board, bureau, or authority in conjunction with the GSA shall determine those positions and groups of positions whose occupants regularly perform high-risk work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public. This Code section shall not be construed to include employees who do not regularly perform high-risk work regardless of the fact that other employees in the same classification do perform such high-risk work. 45-20-92. (a) The State Personnel Board commissioner shall adopt rules to establish: (1) The portion of employees in the high-risk work group that may be selected at random for testing at each testing period; (2) Methods for assuring that employees are selected for testing on a random basis; (3) Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; (4) Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized; (5) Methods for assuring that the identity of employees whose tests show the usage of an illegal drug is limited to the staff who are entitled to this information; and (6) The identification of those persons entitled to the information and shall adopt such other rules as it the commissioner may deem appropriate to carry out the purposes of this article. The board may, in its discretion, delegate to the 2208 JOURNAL OF THE HOUSE commissioner of personnel administration such authority as appropriate to carry out the purposes of this article. (b) The commissioner shall establish and maintain a list of those laboratories qualified to conduct established drug tests and shall determine which illegal drugs will be the subject of testing; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds to its urine testing program a minimum of 10 percent blind test specimens. 45-20-93. (a) Any employee conducting high-risk work found to have used an illegal drug shall be terminated from his or her employment. (b) Any employee who refuses to provide body fluid specimens, when requested to do so in accordance with the random drug testing conducted pursuant to this article and administrative rules and regulations promulgated under this article, shall be terminated from his or her employment. ARTICLE 6 45-20-110. As used in this article, the term: (1) 'Applicant' means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not submitted to an established test for illegal drugs. (2) 'Established 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). (3) 'Illegal drug' means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term 'illegal drug' shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) 'Job' means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and performance standards to be grouped together. (5) 'Medical review officer' means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results. (6) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person. FRIDAY, MARCH 26, 2010 2209 45-20-111. (a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant conducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by July 1, 1995. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions. (b) An applicant for state employment who is offered employment in a position designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the presence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indicate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualification shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board commissioner shall develop rules for the administration of the test and any verification procedures. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confidential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law." PART II SECTION 2-1. Title 6 of the Official Code of Georgia Annotated, relating to aviation, is amended in Code Section 6-5-3, relating to creation of the Georgia Aviation Authority, by revising subsection (b) as follows: "(b) The authority is assigned to the Department of Administrative Services Georgia Services Administration for administrative purposes only as prescribed in Code Section 50-4-3." 2210 JOURNAL OF THE HOUSE SECTION 2-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Chapter 5A, relating to the Office of Treasury and Fiscal Services, by adding a new Code section to read as follows: "50-5A-12. The Office of Treasury and Fiscal Services is assigned for administrative purposes to the Georgia Services Administration." SECTION 2-3. Said Title 50 is further amended in Chapter 5B, relating to the State Accounting Office and state accounting officer, by adding a new Code section to read as follows: "50-5B-6. The state accounting office is assigned for administrative purposes to the Georgia Services Administration." SECTION 2-4. Said title is further amended by revising Code Section 50-9-3, relating to creation of the Georgia Building Authority and its powers, membership, officers, quorum, vacancies, expenses, and rules, as follows: "50-9-3. (a) There is created a body corporate and politic to be known as the Georgia Building Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The As of July 1, 2010, the authority shall consist of the same persons who comprise comprised the State Properties Commission as of June 30, 2010; and the appointed members so holding office on July 1, 2010, shall serve out the remainder of the terms for which they were appointed to the State Properties Commission. Each member shall serve under the same terms and conditions as provided for in Code Section 50-16-32. The authority shall thereafter consist of seven members and be composed of the Governor; the Secretary of State; one citizen appointed by the Governor for terms ending on April 1 in each odd-numbered year; the director of the Office of Treasury and Fiscal Services; the state accounting officer; one citizen appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and one citizen appointed by the Lieutenant Governor for terms ending on April 1 in each oddnumbered year. The term of office of the appointed members of the authority is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. The Governor shall be the chairperson of the authority, the state accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. (b) The state property officer appointed by the Governor pursuant to Code Section 5016-35 shall serve as executive director of the authority. FRIDAY, MARCH 26, 2010 2211 (c) The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article and Article 2 of this chapter nor impair the obligations of any contracts existing under this article and Article 2 of this chapter." SECTION 2-5. Said Title 50 is further amended by revising Code Section 50-9-4, relating to administrative assignment of the Georgia Building Authority, as follows: "50-9-4. The authority is assigned to the State Properties Commission Georgia Services Administration for administrative purposes only as prescribed in Code Section 50-4-3." SECTION 2-6. Said Title 50 is further amended in Article 2 of Chapter 13, relating to the Office of State Administrative Hearings, by adding a new Code section to read as follows: "50-13-45. The Office of State Administrative Hearings is assigned for administrative purposes to the Georgia Services Administration." SECTION 2-7. Said Title 50 is further amended in Code Section 50-25-3, relating to administrative assignment of the Georgia Technology Authority, by revising subsection (a) as follows: "(a) The authority shall be assigned for administrative purposes to the Department of Administrative Services Georgia Services Administration, as provided for in Code Section 50-4-3." PART III SECTION 3-1. The Official Code of Georgia Annotated is amended by replacing "State Personnel Board" with "commissioner of the Georgia Services Administration" wherever the former term appears in: (1) Code Section 1-4-1, relating to public and legal holidays and leave for observance of religious holidays not specifically provided for; (2) Code Section 2-2-4, relating to the Commissioner of Agriculture and salary and expenses of personnel of the Department of Agriculture; (3) Code Section 20-3-39, relating to reassignment of responsibilities for operation and management of public libraries, employees, transfer of funding, and rules and regulations; (4) Code Section 20-4-32, relating to accrual of sick leave; (5) Code Section 20-4-33, relating to days off with pay and accrual of annual leave; (6) Code Section 21-5-30.2, relating to campaign contributions by public agencies; 2212 JOURNAL OF THE HOUSE (7) Code Section 31-2-2, relating to definitions relative to the Department of Community Health; (8) Code Section 31-2-5, relating to transfer of personnel and functions; conforming to federal standards of personnel administration; existing procedures, regulations, and agreements; rules adoption and implementation; (9) Code Section 31-3-2.1, relating to option for certain counties to create boards of health and wellness by ordinance; (10) Code Section 31-7-17, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health; (11) Code Section 31-7-159, relating to licensure and regulation of home health agencies transferred to Department of Community Health; (12) Code Section 31-7-265, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health; (13) Code Section 31-7-308, relating to licensure and regulation of private home care providers transferred to Department of Community Health; (14) Code Section 34-15-18, relating to governing prohibitions relative to certain employees of the Department of Labor; (15) Code Section 35-1-6, relating to appointment of nonuniformed internal affairs investigators of the Department of Public Safety; (16) Code Section 35-3-9, relating to narcotics agents of the Georgia Bureau of Investigation; (17) Code Section 35-3-11, relating to applicability to agents of bureau of rules of State Personnel Board and State Personnel Administration; retention of badge and weapon by disabled agent; (18) Code Section 37-1-5, relating to Department of Behavioral Health and Developmental Disabilities to succeed to applicable rules and regulations; transfer of rights, responsibilities, duties, personnel, and property; (19) Code Section 37-1-21, relating to institutional powers and duties; and also, in said Code section, by replacing "the commissioner shall not" with "the commissioner of behavioral health and developmental disabilities shall not"; (20) Code Section 42-8-26, relating to qualifications of probation supervisors; compensation and expenses; conflicts of interest; bonds; (21) Code Section 45-2-40, relating to state employees to furnish certificate of physical fitness for employment; (22) Code Section 45-2-43, relating to examining medical practitioner to make report; conditions impairing prescribed duties; consent for distribution of additional confidential medical information; reports; confidentiality of files; (23) Code Section 45-2-44, relating to State Personnel Board to adopt rules and regulations; expenditure of funds; (24) Code Section 45-2-45, relating to applicability of article; (25) Code Section 45-12-72, relating to establishment of Office of Planning and Budget; general provisions; FRIDAY, MARCH 26, 2010 2213 (26) Code Section 45-15-30, relating to Department of Law created; assistants, deputies, and other support personnel; determination of duties, salaries, and effect promotions; limitation on private practice of law; disclosure requirement for assistant attorney general representing criminal defendant; (27) Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees; payment of contributions to health insurance fund by departments, boards, and agencies of state; coverage of employee appealing discharge; (28) Code Section 45-18-71, relating to rules and regulations for personnel administration; (29) Code Section 45-23-4, relating to suspension or termination of public employee convicted of drug offense; (30) Code Section 45-23-7, relating to continuance of employment for drug user; requirements and procedure; (31) Code Section 45-23-8, relating to administrative procedures; (32) Code Section 49-2-2.1, relating to Department of Human Services becomes successor-in-interest to all rights, duties, and obligations of former Department of Human Resources; (33) Code Section 49-3-7, relating to removal of county director for falsification of qualifications; (34) Code Section 49-5-41, relating to persons and agencies permitted access to records; (35) Code Section 50-13-42, relating to applicability of article; and (36) Code Section 50-13-44, relating to administrative transfer of individuals to Office of State Administrative Hearings; approval of chief state administrative law judge; funding of transferred positions; transferred employees status. SECTION 3-2. The Official Code of Georgia Annotated is amended by replacing "State Personnel Administration" with "Georgia Services Administration" wherever the former term appears in: (1) Code Section 1-4-1, relating to public and legal holidays; leave for observance of religious holidays not specifically provided for; (2) Code Section 2-2-4, relating to Commissioner of Agriculture - Salary and expenses; compensation of employees; (3) Code Section 7-1-35, relating to deputy commissioners, examiners, and assistants of the Department of Banking; (4) Code Section 12-2-6, relating to authority to arrange for and accept federal aid and cooperation; volunteer services; cooperation with other government entities and civic organizations; (5) Code Section 12-3-536, relating to transferring powers of authority to the Department of Economic Development; 2214 JOURNAL OF THE HOUSE (6) Code Section 12-4-1, relating to powers and duties of Environmental Protection Division as to mineral and geological resources; (7) Code Section 12-6-5, relating to powers and duties of the State Forestry Commission generally; volunteer services; (8) Code Section 12-11-5, relating to director; administration of corps programs; (9) Code Section 15-5-6, relating to administrative assistant; duties; status; compensation; (10) Code Section 15-6-27, relating to procedure for hiring personnel employed by superior court judges; authority, duties; uniform policies; salaries and benefits; expenses; supplies; local supplements; (11) Code Section 15-6-88, relating to minimum annual salary schedule; (12) Code Section 15-9-63, relating to schedule of minimum salaries; (13) Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate; longevity increases; (14) Code Section 15-10-23, relating to minimum compensation; annual salary; increases; supplements; (15) Code Section 15-11-24.3, relating to intake and probation services of juvenile courts; (16) Code Section 15-16-20, relating to minimum annual salary; increase; operating expenses; (17) Code Section 15-18-19, relating to state paid personnel; powers; policies relating to; authorized leave; salary schedules; (18) Code Section 17-12-25, relating to salary of public defender; private practice prohibited; (19) Code Section 17-12-27, relating to appointment of assistant public defenders; salary; promotions; (20) Code Section 17-12-30, relating to classification of personnel; responsibilities; compensation; local supplement; (21) Code Section 20-1A-3, relating to director; board; duties and powers; salary; personnel; rules and regulations; (22) Code Section 20-1A-8, relating to transfer of functions, powers, personnel, equipment, and assets to department; funding; (23) Code Section 20-2-302, relating to funds for operation of schools for deaf and blind persons; (24) Code Section 20-3-39, relating to reassignment of responsibilities for operation and management of public libraries; employees; transfer of funding; rules and regulations; (25) Code Section 20-3-250.24, relating to compensation and benefits of commission employees; (26) Code Section 20-3-329, relating to employees of commission transferred to authority; status of authority employees hired after July 1, 1996; status of transferred employees; benefits of transferred employees not impaired; (27) Code Section 20-4-12, relating to expenses and mileage allowance; FRIDAY, MARCH 26, 2010 2215 (28) Code Section 20-4-17, relating to agencies to receive federal funds; transfer of personnel to Department of Technical and Adult Education, now known as Technical College System of Georgia; (29) Code Section 20-4-27, relating to service in State Personnel Administration; (30) Code Section 20-4-30, relating to compensation of classified employees electing to become unclassified; (31) Code Section 21-5-30.2, relating to contributions by public agencies; (32) Code Section 27-1-16, relating to establishment of unit of conservation rangers; qualifications, appointment, and supervisory personnel; retention of badge and weapon upon disability retirement; (33) Code Section 31-2-5, relating to transfer of personnel and functions; conforming to federal standards of personnel administration; existing procedures, regulations, and agreements; rules adoption and implementation; (34) Code Section 31-3-11, relating to appointments of director and staff; supervision; (35) Code Section 31-3-15, relating to establishment of health districts; (36) Code Section 31-7-17, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health; (37) Code Section 31-7-159, relating to licensure and regulation of home health agencies transferred to Department of Community Health; (38) Code Section 31-7-265, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health; (39) Code Section 31-7-308, relating to licensure and regulation of private home care providers transferred to Department of Community Health; (40) Code Section 31-10-4, relating to appointment of state registrar of vital records; (41) Code Section 31-29-6, relating to rights of employees under State Personnel Administration; (42) Code Section 34-9-52, relating to officials, personnel, and employees subject to State Personnel Administration; compensation of board members and administrative law judges (43) Code Section 34-9-355, relating to appointment of administrator; State Personnel Administration coverage; administration of article; members of retirement system (44) Code Section 34-15-2, relating to July transfer of Division of Rehabilitation Services to the Department of Labor; (45) Code Section 35-1-6, relating to appointment of nonuniformed investigators; salaries; status; assignment; powers; (46) Code Section 35-2-46, relating to dismissal of officers, troopers, and communications officers; (47) Code Section 35-2-47, relating to suspension pending dismissal; (48) Code Section 35-2-74, relating to Governor to prescribe coverage by State Personnel Administration; 2216 JOURNAL OF THE HOUSE (49) Code Section 35-3-6, relating to director's classification in State Personnel Administration; compensation; (50) Code Section 35-3-9, relating to narcotics agents; (51) Code Section 35-3-11, relating to applicability to agents of bureau of rules of State Personnel Board and State Personnel Administration; retention of badge and weapon by disabled agent; (52) Code Section 35-3-31, relating to establishment of center; staff and equipment generally; State Personnel Administration status of personnel; (53) Code Section 35-3-81, relating to establishment, development, maintenance, and operation of center; staff; (54) Code Section 36-5-28, relating to members of county governing authority to receive compensation increase when classified service employees receive increase; calculation; effective date; (55) Code Section 37-1-5, relating to Department to succeed to applicable rules and regulations; transfer of rights, responsibilities, duties, personnel, and property; (56) Code Section 37-1-21, relating to institutional powers and duties; (57) Code Section 37-2-6.1, relating to community service boards - program director, staff, budget, facilities; powers and duties; exemption from state and local taxation; (58) Code Section 37-2-6.2, relating to employees whose jobs include duties or functions which became duties or functions of a community service board on July 1, 1994; rights, duties, and benefits of employees; (59) Code Section 38-2-132, relating to administration of militia and Department of Defense; personnel; State Personnel Administration; (60) Code Section 38-4-9, relating to commissioner of veterans service - employment of personnel; preference to veterans, surviving spouses, and dependents; advise Governor, board, and General Assembly; (61) Code Section 40-15-4, relating to coordinator authorized; duties and requirements; (62) Code Section 42-8-26, relating to qualifications of probation supervisors; compensation and expenses; conflicts of interest; bonds; (63) 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 licensees; funding; (64) Code Section 43-40-4, relating to office of commissioner; qualifications; restrictions; staff; oath; duties and powers; reimbursement; (65) Code Section 45-1-4, relating to complaints or information from public employees as to fraud, waste, and abuse in state programs and operations; (66) Code Section 45-7-4, relating to annual salaries of certain state officials; cost-ofliving adjustments; (67) Code Section 45-7-54, relating to voluntary contributions by state government employees through payroll deductions to certain not for profit organizations; FRIDAY, MARCH 26, 2010 2217 (68) Code Section 45-10-20, relating to definitions relative to conflicts of interest; and also, in said Code section, by deleting "the commissioner of administrative services,"; (69) Code Section 45-10-27, relating to construction of part with rules and regulations of the State Personnel Administration; (70) Code Section 45-12-72, relating to establishment of Office of Planning and Budget; general provisions; (71) Code Section 45-15-30, relating to Department of Law created; assistants, deputies, and other support personnel; determination of duties, salaries, and effect promotions; limitation on private practice of law; disclosure requirement for assistant attorney general representing criminal defendant; (72) Code Section 45-16-11, relating to compensation of county coroners; increases; calculation; supplements; expenses; (73) Code Section 45-18-51, relating to creation of council; membership, terms of office, and vacancies; compensation and expense reimbursement; officers; executive secretary and staff support; meetings; adoption of procedures; promulgation of rules and regulations; (74) Code Section 45-19-22, relating to definitions relative to the Fair Employment Practices Act of 1978; (75) Code Section 45-23-3, relating to definitions relative to the Drug-free Public Work Force Act of 1990; (76) Code Section 45-23-4, relating to suspension or termination of public employee convicted of drug offense; (77) Code Section 45-23-7, relating to continuance of employment for drug user; requirements and procedure; (78) Code Section 45-23-8, relating to administrative procedures; (79) Code Section 46-2-42, relating to employment of assistant director of Utility Finance Section; employment of accountants, statisticians, experts, and clerical personnel; classification of employees; and also, in said Code section, by deleting "compensation board" in subsection (c); (80) Code Section 48-2-5, relating to office of deputy state revenue commissioner; (81) Code Section 48-2-6, relating to departmental organization; employees; compensation; collection of delinquent taxes by contractors; (82) Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners; (83) Code Section 48-5-263, relating to qualifications, duties, and compensation of appraisers; (84) Code Section 48-5-267, relating to state payments for minimum staff of appraisers; state salary supplements for qualified appraisers; (85) Code Section 49-1-5, relating to suspension and removal of county board member, county director, or employee or official of department; 2218 JOURNAL OF THE HOUSE (86) Code Section 49-2-2.1, relating to Department of Human Services becomes successor-in-interest to all rights, duties, and obligations of former Department of Human Resources; (87) Code Section 49-4A-5, relating to transfer of functions and employees of Division of Youth Services; personnel administration; (88) Code Section 49-5-6, relating to merit system to conform to federal standards; power to employ and contract for professional services; employment and dismissal procedures; membership in state retirement system; (89) Code Section 50-8-6, relating to divisions, sections, and offices of Department of Community Affairs; (90) Code Section 50-8-17, relating to employees serve in unclassified service; election option for current classified employees; (91) Code Section 50-8-142, relating to employees of the Office of Rural Development; (92) Code Section 50-12-65, relating to appointment, terms, compensation, and expenses of board members; personnel; meetings; quorum; and also, in said Code section, by deleting "of employment and employment administration"; (93) Code Section 50-12-71, relating to appointment, terms, and expenses of board members; and also, in said Code section, by deleting "of employment and employment administration"; (94) Code Section 50-13-40, relating to office created; chief state administrative law judge; (95) Code Section 50-13-44, relating to administrative transfer of individuals to Office of State Administrative Hearings; approval of chief state administrative law judge; funding of transferred positions; transferred employees status; (96) Code Section 50-18-93, relating to duties of Division of Archives and History; (97) Code Section 50-25-5.1, relating to chief information officer; appointment and removal; compensation; powers and duties; (98) Code Section 50-26-22, relating to transfer of personnel to Department of Community Affairs; and (99) Code Section 50-34-18, relating to transfer of positions authorized by authority to Department of Community Affairs. SECTION 3-3. The Official Code of Georgia Annotated is amended by replacing "State Properties Commission" with "Georgia Services Administration" wherever the former term appears in: (1) Code Section 2-10-58, relating to acquisition and rental of real property; format of lease execution; closing of farmers' markets; (2) Code Section 10-9-5, relating to transfer of duties of Department of Economic Development; actions to be performed by authority under contract with and on behalf of department; costs; ratification of past actions; FRIDAY, MARCH 26, 2010 2219 (3) Code Section 12-3-3, relating to powers of Department of Natural Resources as to projects generally; and also, in said Code section, by replacing "chairman" with commissioner" at the end of paragraph (1) of subsection (b); (4) Code Section 12-3-5, relating to authority of state to make grants, leases, contracts, and cooperative agreements in regard to public-use areas; powers of department; (5) Code Section 12-3-444, relating to membership; officers; compensation; quorum; meetings; and also, in said Code section, by replacing "executive director" with "commissioner" in paragraph (3) of subsection (a); (6) Code Section 12-3-445, relating to powers and duties; (7) Code Section 12-3-484, relating to authorization for department construction and acquisition of projects; (8) Code Section 12-3-534, relating to Department of Economic Development authorized to construct, erect, acquire, and exercise custodial responsibility over projects; (9) Code Section 12-3-574, relating to construction and responsibility over project by Department of Economic Development; (10) Code Section 12-3-584, relating to purpose and powers of the Georgia Golf Hall of Fame Authority; (11) Code Section 12-3-585, relating to contracts with the Georgia Golf Hall of Fame Board; (12) Code Section 12-5-287, relating to leasing of state owned marshland or water bottoms; and also, in said Code section, by replacing "director" with "commissioner" in subsection (c); (13) Code Section 20-13-11, relating to powers of the Georgia Public Telecommunications Commission; (14) Code Section 30-2-3, relating to supervision of industries by Department of Labor; acquisition of property; (15) Code Section 34-2-5, relating to office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space; (16) Code Section 36-60-21, relating to contracts with private companies to construct and operate private toll roads and bridges to facilitate public transportation without additional tax revenues; and also, in said Code section, by replacing "that commission" with "that administration" in the last sentence of subsection (d); (17) Code Section 45-10-22, relating to full-time public officials with state-wide powers prohibited from transacting business with all state agencies; public officials or employees with limited powers prohibited from transacting business with own state agency; and also, in said Code section, by deleting "or the Space Management Division of the Department of Administrative Services" in paragraph (3) of subsection (b); (18) Code Section 45-10-24, relating to part-time public officials with state-wide powers prohibited from transacting business with any state agency; part-time employees prohibited from transacting business with own state agency; exceptions to 2220 JOURNAL OF THE HOUSE prohibitions; and also, in said Code section, by deleting "or the Space Management Division of the Department of Administrative Services" in paragraph (3) of subsection (b); (19) Code Section 45-12-78, relating to heads of budget units to submit annual estimates; preparation and submission of budget estimates of legislative and judicial agencies; review of budget estimates by Office of Planning and Budget; (20) Code Section 45-12-130, relating to state contracts over $5,000.00 voidable without certain approval; and also, in said Code section, by replacing "Articles 2 through 5 of Chapter 16 of Title 50" with "Article 1 of Chapter 5 of Title 50"; (21) Code Section 45-12-131, relating to Office of Planning and Budget to review and approve contracts; exempting of contracts; (22) Code Section 48-2-18, relating to State Board of Equalization; duties; and also, in said Code section, by replacing "executive director" with "commissioner" in subsection (a); (23) Code Section 50-7-16, relating to definitions; acquisition of property by Department of Economic Development; (24) Code Section 50-7-40, relating to construction, operation, and improvement of project; (25) Code Section 50-7-41, relating to lease of property to authority; (26) Code Section 50-7-51, relating to authority and duties of department and local government; purposes of local government; lease of property; (27) Code Section 50-16-121, relating to real property inventory; form; filing of duplicate with State Properties Commission; index inventories and devising of forms; completion of forms within 30 days; (28) Code Section 50-16-122, relating to requirements for real property acquired or disposed of by the state; filing conveyances with State Properties Commission; and also, in said Code section, by replacing "commission" with "administration" and "commission's" with "administration's" in subsections (b) and (c); (29) Code Section 50-16-123, relating to conveyances and condemnation orders to be filed with State Properties Commission; (30) Code Section 50-16-125, relating to rules and regulations authorized; (31) Code Section 50-16-182, relating to powers and duties; (32) Code Section 50-16-183, relating to procedure for acquisition of public property by condemnation; and (33) Code Section 52-2-13, relating to approval and consent of State Properties Commission for acquisition of real property by the Georgia Ports Authority. SECTION 3-4. The Official Code of Georgia Annotated is amended by deleting "Risk Management Division" wherever the term appears in: (1) Code Section 50-8-18, relating to energy efficient construction of major statefunded facility projects; short title; legislative findings; "major facility project" defined; FRIDAY, MARCH 26, 2010 2221 (2) Code Section 50-21-26, relating to notice of claim against state; time for commencement of action; examination of records to facilitate investigation of claims; confidential nature of documents and information furnished; and also, in said Code section, by deleting "of the" immediately following "Risk Management Division" in paragraph (2) of subsection (a); and (3) Code Section 50-21-35, relating to service of process; mailing of complaint; and also, in said Code section, by deleting "of the" immediately following "Risk Management Division". SECTION 3-5. The Official Code of Georgia Annotated is amended by replacing "Department of Administrative Services" with "Georgia Services Administration" wherever the former term appears in: (1) Code Section 12-3-32, relating to powers and duties of the Department of National Resources as to parks and recreational areas and facilities; (2) Code Section 12-5-23.3, relating to privatization of waste-water treatment facilities; (3) Code Section 12-8-33, relating to Recycling Market Development Council; (4) Code Section 15-6-31, relating to transfer of administrative functions; (5) Code Section 15-18-40, relating to Prosecuting Attorneys' Council established; purpose and functions; (6) Code Section 16-13-49, relating to forfeitures; (7) Code Section 20-2-168, relating to distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school programs; year-round operation; (8) Code Section 20-2-552, relating to creation of the Georgia Education Authority (Schools); members, officers, and staff; quorum; procedural rules and regulations; assignment to Department of Administrative Services; (9) Code Section 20-2-930, relating to professional liability insurance coverage for teachers and other school personnel; and also, in said Code section, by replacing "department" with "administration" in subsection (d); (10) Code Section 20-3-152, relating to creation of the Georgia Education Authority (University); members, officers, and staff; quorum; procedural rules and regulations; assignment to Department of Administrative Services; (11) Code Section 20-3-633, relating to creation of the Georgia Higher Education Savings Plan; board of directors; assignment to Department of Administrative Services; (12) Code Section 20-5-2, relating to powers and duties of the board of regents and director of University of Georgia Libraries; abolition of State Library Commission and transfer of functions; reports of state publications; electronic submission; (13) Code Section 25-11-15, relating to deposit of fees collected under chapter; authority to accept grants for administration of chapter; and also, in said Code section, by deleting "Fiscal Division of the"; 2222 JOURNAL OF THE HOUSE (14) Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses; identification required of purchasers; withdrawal of agents' authority to sell licenses; (15) Code Section 28-4-2, relating to general powers and duties of the Legislative Services Committee; and also, in said Code section, by deleting "-- Purchasing Division" and "-- Central Supply" in subsection (d); (16) Code Section 31-6-44, relating to Certificate of Need Appeal Panel; (17) Code Section 31-8-197, relating to annual report of claims statistics; (18) Code Section 31-8-199, relating to department's responsibilities regarding liability insurance; (19) Code Section 32-2-80, relating to evaluation of participation in financing projects; public comments; funding; no delegation of eminent domain; performance and payment security; (20) Code Section 34-2-5, relating to office of Department of Labor to be maintained by Commissioner; payment of office expenses; lease or rental of unused office space; (21) Code Section 34-8-177, relating to procedure for collecting delinquent contribution payments from public employers; (22) Code Section 35-2-50, relating to purchasing of uniforms, supplies, and equipment; (23) Code Section 35-3-31, relating to establishment of center; staff and equipment generally; State Personnel Administration status of personnel; (24) Code Section 37-2-6.1, relating to community service boards; (25) Code Section 42-2-14, relating to power of Governor to declare state of emergency with regard to jail and prison overcrowding; (26) Code Section 42-8-26, relating to qualifications of probation supervisors; compensation and expenses; conflicts of interest; bonds; (27) Code Section 45-9-1, relating to general provisions; disclosure of insurance or indemnification in legal action; (28) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts; self-insurance program; Hazardous Materials Liability Reserve Fund; insurer becoming insolvent; provision of liability coverage to nonprofit agencies and employees contracting with certain state agencies; (29) Code Section 45-9-73, relating to indemnification commission created; composition; assignment to Department of Administrative Services for administrative purposes; (30) Code Section 45-9-75, relating to Georgia Public School Personnel Indemnification Fund - creation; general provisions; (31) Code Section 45-9-76, relating to Georgia Public School Personnel Indemnification Fund - revenues from sale of license plates; authorization to accept funds from other sources; (32) Code Section 45-9-77, relating to Georgia Public School Personnel Indemnification Fund - authority of Department of Administrative Services; FRIDAY, MARCH 26, 2010 2223 (33) Code Section 45-9-81, relating to definitions relative to the Georgia State Identification Fund; and also, in said Code section, by replacing "Department" with "Administration" in paragraph (2), redesignating current paragraph (2) as new paragraph (1), and redesignating current paragraph (1) as new paragraph (2); (34) Code Section 45-9-101, relating to definitions relative to the temporary disability compensation fund; and also, in said Code section, by replacing "Department" with "Administration" in paragraph (2), redesignating current paragraph (2) as new paragraph (1), and redesignating current paragraph (1) as new paragraph (2); (35) Code Section 45-9-110, relating to authorization for consolidation; billing procedure; reserve fund; investment of funds; contracting for services; provision of unemployment compensation benefits to certain county employees; (36) Code Section 45-12-130, relating to state contracts over $5,000.00 voidable without certain approval; (37) Code Section 45-12-131, relating to Office of Planning and Budget to review and approve contracts; exempting of contracts; and also, in said Code section, by deleting "or the State Properties Commission"; (38) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of House and Senate; pricing; (39) Code Section 48-8-14, relating to restrictions on state contracts with nongovernmental vendors filing or refusing to collect sales or use taxes; (40) Code Section 49-4-152.1, relating to Medicaid Prescription Drug Bidding and Rebate Program; (41) Code Section 49-5-273, relating to creation of PeachCare; availability; eligibility; payment of premiums; enrollment; authorization to obtain income eligibility verification from the Department of Revenue; (42) Code Section 50-5A-9, relating to assignment to Department of Administrative Services for administrative purposes; (43) Code Section 50-5A-10, relating to transfer of powers and duties from former Fiscal Division; Georgia State Financing and Investment Commission; director of Office of Treasury and Fiscal Services; and also, in said Code section, by deleting "Fiscal Division of the"; (44) Code Section 50-7-8, relating to additional duties and powers of Board of Economic Development; (45) Code Section 50-7-17, relating to Tourism Marketing Program and Tourism Foundation; (46) Code Section 50-8-18, relating to energy efficient construction of major statefunded facility projects; short title; legislative findings; "major facility project" defined; (47) Code Section 50-8-35, relating to general powers of regional commissions; (48) Code Section 50-8-45, relating to authorized purchases by Department of Administrative Services; commissioner of administrative services to prescribe regulations and standards; 2224 JOURNAL OF THE HOUSE (49) Code Section 50-9-9, relating to disruptions of state employees; employment of security guards to protect property; (50) Code Section 50-13-2, relating to definitions relative to the Georgia Administrative Procedure Act; (51) Code Section 50-13-40, relating to office created; chief state administrative law judge; (52) Code Section 50-16-9, relating to formulation of self-insurance plan for state's properties; incentive programs authorized; and also, in said Code section, by replacing "department" with "administration"; (53) Code Section 50-16-11, relating to employment of personnel to carry out selfinsurance plans; (54) Code Section 50-16-11.1, relating to commercial property policies for coverage of buildings, contents, and other property owned by community service boards; (55) Code Section 50-16-160, relating to Department of Administrative Services to establish and maintain inventory; state employees to furnish information; inspection and copies of records; (56) Code Section 50-16-163, relating to power to examine books, records, papers, or personal property of state entities to ensure compliance; (57) Code Section 50-17-50, relating to creation of State Depository Board; membership; quorum; board to name state depositories; assignment for administrative purposes; (58) Code Section 50-18-21, relating to preparation of contract for state reports publication; public inspection; (59) Code Section 50-18-22, relating to advertising for and accepting bids for state reports publication; contract with lowest bidder; right to reject bids; (60) Code Section 50-19-1, relating to establishment and operation of interagency motor pools; purchase of automobiles for state use; rules governing state vehicles; (61) Code Section 50-21-26, relating to notice of claim against state; time for commencement of action; examination of records to facilitate investigation of claims; confidential nature of documents and information furnished; (62) Code Section 50-21-33, relating to liability insurance or self-insurance programs; State Tort Claims Trust Fund; premiums and deductibles; incentive programs authorized; merger of preexisting programs and funds; additional coverages; and also, in said Code section, by replacing "department" with "administration"; (63) Code Section 50-21-35, relating to service of process; mailing of complaint; (64) Code Section 50-21-36, relating to settlement of claims; (65) Code Section 50-25-4, relating to general powers of the Georgia Technology Authority; (66) Code Section 50-25-7.2, relating to adherence to technical standards and specifications established by the authority; and (67) Code Section 50-27-30, relating to bidding requirements and procedures for contracts. FRIDAY, MARCH 26, 2010 2225 SECTION 3-6. The Official Code of Georgia Annotated is amended by replacing "of administrative services" with "of the Georgia Services Administration" wherever the former terms occurs in: (1) Code Section 9-14-53, relating to reimbursement to counties for habeas corpus costs; (2) Code Section 12-8-35, relating to review of purchases and purchasing specifications, practices, and procedures by commissioner of administrative services; (3) Code Section 15-6-31, relating to transfer of administrative functions; and also, in this Code section, by deleting "or of the department of Administrative Services"; (4) Code Section 15-18-40, relating to Prosecuting Attorneys' Council established; purpose and functions; and also, in this Code section, by deleting "or of the department of Administrative Services" in subsection (d); (5) Code Section 45-9-2, relating to members of organized militia serving on state active duty; (6) Code Section 45-9-3, relating to insurance and other protections afforded personnel employed by district attorney; (7) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts; self-insurance program; Hazardous Materials Liability Reserve Fund; insurer becoming insolvent; provision of liability coverage to nonprofit agencies and employees contracting with certain state agencies; (8) Code Section 45-9-4.1, relating to participation in program of self-insurance by Georgia Correctional Industries Administration; extension of coverage to officers, officials, and employees; (9) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the developmentally disabled; (10) Code Section 45-9-78, relating to payment of indemnification for death or disability generally; designation of method of payment; procedure for making of payments; (11) Code Section 45-9-110, relating to authorization for consolidation; billing procedure; reserve fund; investment of funds; contracting for services; provision of unemployment compensation benefits to certain county employees; (12) Code Section 48-7-38, relating to income tax deduction for payments to minority subcontractors; certification as minority business enterprise; (13) Code Section 50-8-45, relating to authorized purchases by Department of Administrative Services; commissioner of administrative services to prescribe regulations and standards; (14) Code Section 50-13-2, relating to definitions relative to administrative procedure; (15) Code Section 50-21-33, relating to liability insurance or self-insurance programs; State Tort Claims Trust Fund; premiums and deductibles; incentive programs authorized; merger of preexisting programs and funds; additional coverages; and 2226 JOURNAL OF THE HOUSE (16) Code Section 50-21-34, relating to payment of claims or judgments; execution or levy against state funds or property prohibited; amount of fiscal year aggregate liability. SECTION 3-7. The Official Code of Georgia Annotated is amended by replacing "of personnel administration" with "of the Georgia Services Administration" wherever the former term occurs in: (1) Code Section 45-2-41, relating to committee of doctors to develop fitness standards; licensed physician to make physical examination; contracts for assessments of employees; fee for committee members and consultants; certification; and also, in said Code section, by deleting ", subject to the approval of the State Personnel Board," in subsection (a); (2) Code Section 45-2-44, relating to State Personnel Board to adopt rules and regulations; expenditure of funds; and also, in said Code section, by replacing "The board, through the" with "The" at the beginning of the second sentence; (3) Code Section 45-18-51, relating to creation of Employee Benefit Plan Council; membership, terms of office, and vacancies; compensation and expense reimbursement; officers; executive secretary and staff support; meetings; adoption of procedures; promulgation of rules and regulations; (4) Code Section 45-18-55, relating to commissioner of personnel administration as executive officer and custodian; (5) Code Section 45-18-70, relating to establishment and operation of Capitol Hill day care center; and (6) Code Section 45-21-1, relating to definitions relative to employees' suggestion and meritorious awards program. SECTION 3-8. The Official Code of Georgia Annotated is amended in: (1) Code Section 34-9-355, relating to appointment of administrator of Subsequent Injury Trust Fund; State Personnel Administration coverage; administration of article; members of retirement system, by replacing "45-20-11" with "45-20-10"; (2) Code Section 45-18-50, relating to definitions relative to the Employee Benefit Plan Council, by repealing and reserving paragraph (1); (3) Code Section 45-18-72, relating to start up costs for the Capitol Hill day-care center, by repealing and reserving said Code section; (4) Code Section 45-21-1, relating to definitions relative to employees' suggestion and meritorious awards program, by repealing and reserving paragraph (3); (5) Chapter 21 of Title 45, relating to an employees' suggestion and meritorious awards program, by replacing "board" with "commissioner" wherever the former term occurs; (6) Code Section 45-21-3, relating to preparation of rules for an employees' suggestion and meritorious awards program, by replacing "With the approval of the FRIDAY, MARCH 26, 2010 2227 board, the commissioner" with "The commissioner" at the beginning of subsection (a); (7) Code Section 49-3-7, relating to removal of county director for falsification of qualifications, by deleting "and the State Personnel Administration"; and (8) Code Section 50-13-2, relating to definitions relative to administrative procedure, by deleting "the State Properties Commission;" and "the State Personnel Board (Merit System);" in paragraph (1). SECTION 3-9. The Official Code of Georgia Annotated is amended by replacing "Article 2 of Chapter 16 of Title 50" with "Article 5 of Chapter 5 of Title 50" in: (1) Code Section 12-3-3, relating to powers of the Department of Natural Resources as to projects generally; (2) Code Section 12-3-151, relating to powers of the Department of Natural Resources as to the Franklin D. Roosevelt Warm Springs Memorial; and (3) Code Section 32-7-5, relating to leasing property not needed for public road purposes. PART IV SECTION 4-1. Said Title 50 is further amended by repealing in its entirety Article 2 of Chapter 16, the "State Properties Code," and by designating Article 2 as "Reserved." SECTION 4-2. Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90. SECTION 4-3. Any rules and regulations adopted prior to the effective date of the Act by the State Properties Commission and the State Personnel Board shall remain in effect as rules and regulations of the Georgia Services Administration until amended or superseded by the commissioner of the Georgia Services Administration. SECTION 4-4. Personnel, equipment, and facilities previously assigned to the State Properties Commission and the State Personnel Administration shall on the effective date of this Act be transferred to the Georgia Services Administration. SECTION 4-5. This Act shall become effective on July 1, 2010. 2228 JOURNAL OF THE HOUSE SECTION 4-6. 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: Abdul-Salaam N Abrams Y Allison E Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield E Benton E Black N Brooks N Bruce N Bryant N Buckner Burkhalter Y Burns Y Butler N Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins, D N Collins, T Y Cooper N Cox N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Dodson N Dollar N Dooley N 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 Y Geisinger Y Glanton Y Golick E Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard E Hudson N Hugley E Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen E Keown Y Kidd 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 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 Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J N Pruett Y Purcell E Ramsey N Randall N 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 Y Sims, B N Sims, C N Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker On the passage of the Bill, by substitute, the ayes were 91, nays 67. The Bill, having received the requisite constitutional majority, was passed, by substitute. FRIDAY, MARCH 26, 2010 2229 House of Representatives Atlanta, Georgia 30334 This version of HB 1431 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 1431. /s/ Bobby Franklin Representative, District 43 Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to HB 1431. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Y Abrams Y Allison E Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden E Beasley-Teague Y Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Y Buckner Burkhalter N Burns N Butler Y Byrd Carter N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman Y Crawford N Davis Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs Dodson 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 N Gardner N Geisinger Y Glanton N Golick E Gordon Greene N Hamilton E Hanner N Harbin N Harden, B N Hembree Y Henson Hill, C N Hill, C.A Y Holt N Horne N Houston Y Howard E Hudson Y Hugley E Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen E Keown Y Kidd N Knight Y Knox N Lane, B N Lane, R N Levitas N Lindsey Y Long N Loudermilk N Lucas N Lunsford 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 Oliver N O'Neal N Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J Pruett N Purcell E Ramsey Y Randall Y Reece N Reese Rice N Scott, M N Sellier N Setzler Y Shaw N Sheldon N Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, E N Smith, K N Smith, L N Smith, R N Smith, T Smyre Y Stephens, M N Stephens, R Y Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT N Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M 2230 JOURNAL OF THE HOUSE N Collins, D Y Collins, T N Cooper Y Cox N Harden, M Y Hatfield E Heard Y Heckstall N Maddox, B N Maddox, G Y Mangham N Manning N Roberts N Rogers N Rynders N Scott, A N Williams, R Y Wix N Yates Ralston, Speaker On the motion, the ayes were 64, nays 91. The motion was lost. Representative Smyre of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. The following supplemental Rules Calendar was read and adopted: HOUSE SUPPLEMENTAL RULES CALENDAR #4 FRIDAY, MARCH 26, 2010 Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below: DEBATE CALENDAR Open Rule None Modified Open Rule None Modified Structured Rule HR 1087 Tax defaulters; ineligible for public office; revise and strengthen - CA (Substitute) (Eth-Hill-21st) (Amendment) Structured Rule None Bills and Resolutions on this calendar may be called in any order the Speaker desires. FRIDAY, MARCH 26, 2010 2231 Respectfully submitted, /s/ Hembree of the 67th Chairman Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time: HR 1087. By Representatives Hill of the 21st, Keen of the 179th, Rice of the 51st, Lindsey of the 54th, Porter of the 143rd and others: A RESOLUTION proposing an amendment to the Constitution so as revise and strengthen the provisions making tax defaulters ineligible for public office and provide for the release of otherwise confidential tax information for purposes of enforcement; to provide for 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 revise and strengthen the provisions making tax defaulters ineligible for public office and provide for the release of otherwise confidential tax information for purposes of enforcement; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article II, Section II of the Constitution is amended by revising Paragraph III as follows: "Paragraph III. Persons not eligible to hold state or local office. (a) No person who is not a registered voter; who has been convicted of a felony involving moral turpitude, unless that person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; who is a defaulter for any federal, state, county, municipal, or school system taxes required of such officeholder or candidate if such person has been finally adjudicated by a court of competent jurisdiction to owe those taxes, but such ineligibility may be removed at any time by full payment thereof, or by making payments to the tax authority pursuant to a payment plan, or under such other conditions as the General Assembly may provide by general law; or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law. 2232 JOURNAL OF THE HOUSE (b)(1) A person shall not be eligible to be elected or appointed to or to hold any office or appointment of honor or trust in this state if such individual: (A) Has failed to timely file any individual tax returns required by federal, state, or local law unless an amended return or other filing has been timely made to cure the failure; or (B) Has failed to pay or make arrangements for payment of any individual federal, state, or local taxes that have been finally determined to be due through administrative or judicial proceedings; provided, however, that such arrangements for payment have been approved by the appropriate federal, state, or local taxing authority. (2) Any person qualifying for election to state or local public office, seeking appointment to state or local public office, or holding state or local public office shall upon request by the executive secretary of the State Ethics Commission, or successor entity, execute a written document, in such form as shall be specified by the commission, allowing the release of otherwise confidential governmental tax information concerning such person to such secretary in order to ascertain such person's qualifications for office for purposes of complying with this subparagraph. (3) The office of any state or local elected or appointed official shall be declared vacant upon a finding by the State Ethics Commission, or successor entity, that such person is not eligible to hold such office pursuant to the provisions of this subparagraph. The vacancy created in any such office shall be filled as provided by this Constitution or any general or local law." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended so as to revise and strengthen the provisions making tax defaulters ineligible for public office and provide ( ) NO for the release of otherwise confidential tax information for purposes of enforcement?" 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 Keen of the 179th moved the previous question. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam N Abrams Y Allison E Amerson Crawford Y Davis N Dawkins-Haigler Y Day Y Hembree N Henson Y Hill, C Y Hill, C.A N Marin Y Martin Y Maxwell Y May Scott, M Y Sellier N Setzler N Shaw FRIDAY, MARCH 26, 2010 2233 Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield E Benton E Black Y Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Dempsey Y Dickson N Dobbs Dodson Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton Y Golick E Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard N Heckstall Y Holt Y Horne Y Houston N Howard E Hudson Hugley E Jackson N Jacobs E James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen E Keown N Kidd Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Morris N Mosby N Murphy Y Neal Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter N Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sheldon Y Sims, B Y Sims, C Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the motion, the ayes were 95, nays 54. The motion prevailed. The following amendment was read: Representative Hill of the 21st et al. move to amend the Committee substitute to HR 1087 as follows: Delete lines 24-26 and insert in its place: "(A) Has failed to timely file any individual income tax return required by federal or state law unless another filing has been made to cure the failure; or" Delete line 28 and insert in its place: "or state income tax, or local taxes that have been finally determined to be due through administrative" 2234 JOURNAL OF THE HOUSE On the adoption of the amendment, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell Y Benfield E Benton E Black Y Brooks Y Bruce Y Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter 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 N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley N Drenner Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Fludd N Franklin N Frazier N Fullerton Gardner N Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson Y Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Jones, S Y Jordan Y Kaiser Y Keen E Keown Y Kidd 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 Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Randall 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 Sims, B Y Sims, C N Sinkfield Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor Y Teilhet Y Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the amendment, the ayes were 126, nays 22. The amendment was adopted. On the adoption of the Committee substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Allison E Amerson Y Anderson Y Ashe Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Marin Martin Y Maxwell Y May N Mayo Y McCall Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Sims, B FRIDAY, MARCH 26, 2010 2235 Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Bell N Benfield E Benton E Black Y Brooks Bruce N Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter 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 Dobbs Dodson Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Frazier N Fullerton Gardner N Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard Y Heckstall Y Houston N Howard E Hudson Hugley E Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Mosby Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Randall N Reece Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Sims, C N Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Committee substitute, as amended, the ayes were 109, nays 33. 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. On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley N Drenner N Dukes Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson Hugley E Jackson Y Jacobs Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L 2236 JOURNAL OF THE HOUSE N Bell N Benfield E Benton E Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Frazier N Fullerton Y Gardner N Geisinger Y Glanton Y Golick E Gordon Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall E James Y Jerguson Y Johnson Y Jones, J N Jones, S N Jordan Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning Y Morris Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Smith, R Y Smith, T Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, by substitute, as amended, the ayes were 117, nays 31. The Resolution, having failed to receive the requisite constitutional majority, was lost. Representative Hill of the 21st moved that the House reconsider its action in failing to give the requisite constitutional majority to HR 1087. On the motion, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell N Benfield E Benton E Black Y Brooks N Bruce Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Y Hembree Henson Y Hill, C Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson Hugley E Jackson Y Jacobs E James Jerguson Y Johnson Y Jones, J N Jones, S N Jordan N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Millar Y Mills N Mitchell N Morgan Y Morris Mosby N Murphy Y Neal Y Nix Y Oliver Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre N Stephens, M Y Stephens, R Stephenson FRIDAY, MARCH 26, 2010 2237 N Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox N Fludd N Franklin Frazier N Fullerton Y Gardner N Geisinger Y Glanton Y Golick E Gordon Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard N Heckstall Kaiser Y Keen E Keown Y Kidd 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 O'Neal Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Purcell E Ramsey Randall N Reece Y Reese Rice Y Roberts Rogers Y Rynders Y Scott, A N Stout Y Talton Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker N Weldon Y Wilkinson Y Willard N Williams, A Williams, E Y Williams, M N Williams, R Y Wix Y Yates Ralston, Speaker On the motion, the ayes were 102, nays 34. The motion prevailed. On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows: Abdul-Salaam Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Bell Benfield E Benton E Black Y Brooks Bruce N Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter Y Casas N Chambers Y Crawford Y Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley Y Drenner N Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick E Gordon Y Hembree Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson Hugley E Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J N Jones, S Jordan Kaiser Y Keen E Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Millar Y Mills Mitchell Y Morgan Y Morris Mosby Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Purcell Y Scott, M Sellier N Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Taylor Y Teilhet N Thomas N Thompson VACANT Y Walker Y Weldon 2238 JOURNAL OF THE HOUSE Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Y Cooper Y Cox Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard Y Heckstall Y Lindsey Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning E Ramsey Randall Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A Y Wilkinson Y Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker On the adoption of the Resolution, by substitute, as amended, the ayes were 116, nays 18. The Resolution, having failed to receive the requisite constitutional majority, was lost. The following communication was received: 11:40 PM March 26, 2010 Representative Oliver files with the Clerk a protest to the House having considered a vote on HB 1144. Representative Oliver asserts that HB 1144 was brought to a vote without proper procedure pursuant to OCGA 33-24-63 and for other lawful grounds. /s/ Mary Margaret Oliver DuBose Porter 143rd Copy to Chmn. of Journals The following message was received from the Senate through Mr. Ewing, the Secretary thereof: Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following resolution of the Senate: SR 1339. By Senators Hill of the 4th, Rogers of the 21st, Seabaugh of the 28th, Thompson of the 33rd, Hooks of the 14th and others: A RESOLUTION commending W. Daniel Ebersole; and for other purposes. Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 30, 2010, 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 30, 2010.