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 III

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 III
2010 Atlanta, Ga. Printed on Recycled Paper

TUESDAY, APRIL 27, 2010

4793

Representative Hall, Atlanta, Georgia

Tuesday, April 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 Abrams Allison Amerson Anderson Ashe Baker Barnard Battles Bearden
E Beasley-Teague Bell Benton Black Brooks Bruce Bryant Buckner Carter Casas Chambers Channell Cheokas Coleman Collins, D
E Collins, T Cooper

Cox Crawford Dawkins-Haigler Day Dempsey Dickson Dobbs Dodson Dooley Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin E Fullerton Geisinger Glanton E Golick Gordon Greene Hamilton Hanner Harbin

Harden, B Harden, M Heard E Hill, C.A Holt Houston Hugley Jackson Jacobs E James Jerguson Johnson Jones, S Kaiser Keown Kidd Knight Knox Lane, R Levitas Lindsey Loudermilk Maddox, B Maddox, G Mangham Manning

Marin Maxwell May McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix O'Neal Parrish Parsons Peake Porter Powell, J Purcell Ramsey Randall E Reece E Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Shaw Sims, B Sims, C E Smith, E Smith, K Smith, R Stephens, M Stephens, R Stout Talton Thomas Thompson Walker Wilkinson Willard E 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 Austin of the 10th, Benfield of the 85th, Burkhalter of the 50th, Burns of the 157th, Byrd of the 20th, Coan of the 101st, Davis of the 109th, Dollar of the 45th, Epps of the 128th, Frazier of the 123rd, Hatfield of the 177th, Hembree of the 67th, Henson of the 87th, Horne of the 71st, Howard of the 121st, Hudson of the 124th, Jordan of the 77th, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Martin of the 47th, Mayo of the 91st, McCall of the 30th, Powell of the 29th, Pruett of the 144th, Setzler of the 35th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Smith of the 70th, Stephenson of the 92nd, Taylor of the 55th, and Weldon of the 3rd.

They wish to be recorded as present.

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Prayer was offered by Pastor Charles Ivey, Compassion World Outreach, Watkinsville, 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 Speaker Pro Tem assumed the Chair.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 1515. By Representatives Golick of the 34th, Knox of the 24th, Meadows of the 5th, Maxwell of the 17th, Cheokas of the 134th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that the taxable net income of any taxpayer of this state shall not include premiums paid for certain health plans; to provide for conditions and limitations; to change certain definitions; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 1517. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that no health care plan to be established by this state through an exchange pursuant to certain federal health care reform legislation shall offer abortion coverage, with certain exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 1518. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide for a homestead exemption from Polk County ad valorem taxes for county purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the prior year's assessed value of such homestead under certain conditions; 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 1519. By Representative Crawford of the 16th:
A BILL to be entitled an Act to provide for a homestead exemption from Polk County school district ad valorem taxes for educational purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the prior year's assessed value of such homestead under certain conditions; 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 1520. By Representative Jones of the 44th:
A BILL to be entitled an Act to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against health and morals, so as to prohibit the sale of wireless telephones and wireless prepaid telephones

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to any person under the age of 18 years of age without the prior written consent of such person's parent or guardian; to provide for definitions; to provide criminal penalties; to require certain signage or notice; to provide for administration and enforcement; 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 2102. By Representative Channell of the 116th:

A RESOLUTION urging the Georgia Department of Community Health to require patient centered medical home pilot projects be established for the Medicaid population and to establish a pilot project of the patient centered medical home through the State Health Benefit Health Insurance Plans; and for other purposes.

Referred to the Committee on Health & Human Services.

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

HB 1516 HR 2042 SB 538 SB 542 SB 545

SB 547 SB 548 SB 549 SB 550 SB 551

Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 308 SB 391 SB 400

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

SB 454 Do Pass, by Substitute SB 498 Do Pass, by Substitute

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

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4797

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

HB 1355 HB 1476 HB 1490 HB 1511 HB 1513

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 1514 HR 2039 SB 487 SB 533 SB 536

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

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

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

HR 1942 Do Pass HR 1943 Do Pass

HR 1979 Do Pass HR 2103 Do Pass

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

HOUSE RULES CALENDAR TUESDAY, APRIL 27, 2010

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

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Modified Open Rule

SB 78 SB 99 SB 138 SB 283 SB 345 SB 364 SB 368 SB 388 SB 390 SB 470

Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Div. director (Substitute)(NR&E-Barnard-166th) Tolleson-20th Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair (GF&P-Kidd-141st) Grant-25th Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated (Judy-Ehrhart36th) Wiles-37th Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia (Substitute)(Ret-Maxwell-17th) Heath-31st Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/ road is closed to traffic (Substitute)(PS&HS-Neal-1st) Butterworth-50th Massage Therapist; conviction for sexual offense; license suspended for certain time periods; penalties (Substitute)(JudyNC-Sellier-136th) Staton18th Fair Business Practices Act of 1975; deceptive representation/designations of geographic origins; provisions (Substitute)(EU&T-Martin-47th) Jackson-24th State Printing; any state law authorizes a state officer/agency to publish any matter such publication made in printed and electronic format (Substitute)(Judy-Jacobs-80th) Butterworth-50th Local Government; municipal corporation may determine when to establish a conservation easement (Substitute)(Judy-Morris-155th) Carter-1st Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program (S&TLoudermilk-14th) Staton-18th

Modified Structured Rule

SB 252 SB 316 SB 367 SB 432

Polysomnography Practice Act; provide for the certification of polysomnographic technologists (Substitute)(H&HS-Cooper-41st) Thomas54th Medicare Supplemental; make available to persons under age 65 who qualify for medicare due to disability or end-stage renal disease (Substitute)(Ins-Neal-1st) Thomas-54th Influenza; revise the definition of "influenza vaccine" (Substitute)(H&HSJacobs-80th) Balfour-9th "Advanced Broadband Collocation Act"; provide procedures; modification/collocation of wireless communication facilities (EU&TParsons-42nd) Hawkins-49th

TUESDAY, APRIL 27, 2010

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SB 449 SB 474 SB 521 SR 821

Georgia Golf Hall of Fame; abolish; disposition of property (Substitute)(ED&T-Sims-119th) Davis-22nd Wildlife; possession of native wild animal killed by motor vehicle; provide exceptions and conditions (Substitute)(GF&P-Knight-126th) Thomas-54th Education; provide for enrollment counts for students in certain dual enrollment programs (Substitute)(Ed-Coleman-97th) Weber-40th Transportation Department; multiyear construction agreements-CA (TransRoberts-154th) Shafer-48th

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 Senate was withdrawn from the Local Calendar and referred to the Committee on Intragovernmental Coordination Local:

SB 533. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1476. By Representatives Williams of the 165th, Stephens of the 164th and Barnard of the 166th:
A BILL to be entitled an Act to amend an Act to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1490. By Representative Crawford of the 16th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown 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 1511. By Representatives Hembree of the 67th, Brooks of the 63rd, Bruce of the 64th and Bearden of the 68th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, APRIL 27, 2010

4801

HB 1513. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Fannin 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 1514. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Gilmer 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.
HR 2039. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:
A RESOLUTION creating the Joint Cherokee County Transportation Study and Planning Commission; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 487. By Senator James of the 35th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Chattahoochee Hill Country (now known as City of Chattahoochee Hills) in Fulton County, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to change the terms of the mayor and council; to provide for elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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SB 536. By Senator James of the 35th:

A BILL to be entitled an Act to amend an Act incorporating the City of Chattahoochee Hills, approved April 28, 2006 (Ga. L. 2006, p. 3821), as amended, so as to increase the homestead exemption from City of Chattahoochee Hills ad valorem taxes for municipal purposes for residents of that city who are 65 years of age or older and meet certain income requirements from $10,000.00 to $20,000.00 of the assessed value of the homestead; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
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 E Burkhalter Y Burns Y Butler
Byrd Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan

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
Epps, C Y Epps, J Y Everson Y Floyd Y Fludd
Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Greene Y Hamilton Y Hanner

Y Hembree Y Henson
Hill, C E Hill, C.A
Holt Horne Y Houston Y Howard 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 Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk

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

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C
Sinkfield Smith, B E Smith, E Y Smith, K Smith, L Y Smith, R Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Stout Y Talton Y Taylor Teilhet Thomas Y Thompson VACANT Walker Y Weldon Y Wilkinson Willard Y Williams, A

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

Y Harbin Y Harden, B
Harden, M Hatfield Y Heard Heckstall

Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

E Reese 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 Bills, the ayes were 130, nays 0.

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

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.

Representatives Mills of the 25th and Stout of the 19th would like to be recorded as voting "nay" on HB 1355 and HB 1490.

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

Mr. Speaker:

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

HB 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.

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

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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.
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.
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.
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.
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.

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4805

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.
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.
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.
HB 1095. By Representatives Chambers of the 81st, Powell of the 171st and Carter of the 175th:

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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.
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 IVD 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.
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.
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.
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

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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.
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.
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.
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 single-family dwelling or a residential building containing no more than two dwelling units; to repeal conflicting laws; and for other purposes.
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

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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.
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.
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.
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.

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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.
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.
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.
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

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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.
HB 1484. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3770), so as to change the corporate limits of the City of Byron; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1485. By Representatives Hill of the 180th and Smith of the 168th:
A BILL to be entitled an Act to amend an Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to change the present corporate limits of such municipality and annex and incorporate certain additional land into said municipality; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
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 Speaker assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Gardner of the 57th, Smyre of the 132nd, Taylor of the 55th, Benton of the 31st, Lunsford of the 110th, and Williams of the 89th.

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By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and referred to the Committee on Rules:
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.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1942. By Representatives Rice of the 51st, Marin of the 96th, Lane of the 158th, Sellier of the 136th, Coleman of the 97th and others:
A RESOLUTION congratulating the Norcross High School girls basketball team for winning the 2010 Class AAAAA State Championship and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1943. By Representatives Rice of the 51st, Marin of the 96th, Lane of the 158th, Sellier of the 136th, Coleman of the 97th and others:
A RESOLUTION congratulating the Norcross High School 2009-2010 GHSA Class AAAAA One-Act Play Champions and inviting them to be recognized by the House of Representatives; and for other purposes.
HR 1979. By Representatives Cheokas of the 134th, Butler of the 18th and Carter of the 175th:
A RESOLUTION commending Mr. Steve Penley and inviting him to be recognized by the House of Representatives; and for other purposes.
HR 2103. By Representative Ralston of the 7th:
A RESOLUTION commending Coach Mark Richt and inviting him to be recognized by the House of Representatives; and for other purposes.
The Speaker Pro Tem assumed the Chair.

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Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
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.
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 change certain provisions relating to the 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 prohibit writing, sending, or reading a text based communication by any person 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 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

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Improper passing on a hill or a curve ................................................. 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ................................................................. 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ................................................................. 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ................................................................. 4 points Exceeding the speed limit by 34 miles per hour or more................... 6 points Disobedience of any traffic-control device or traffic officer ............. 3 points Too fast for conditions........................................................................ 0 points Possessing an open container of an alcoholic beverage while driving................................................................................................. 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident .......................................................................................... 2 points Violation of child safety restraint requirements, first offense..............1 point Violation of child safety restraint requirements, second or subsequent offense.............................................................................. 2 points Operating a vehicle while engaging in a prohibited wireless Communication ....................................................................................1 point 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 paragraph (1) of subsection (b) of 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."
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

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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 writing, sending, or reading a text based communication on a wireless telecommunications device, or talking or listening on a wireless telecommunications device. (2) 'Wireless telecommunications device' means a cellular telephone, a text messaging 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, subscription based emergency communications, in-vehicle security, navigation, and remote diagnostics systems, or amateur or ham radio devices. (b) (1) 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. (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. (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. (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

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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 in the case of a violation of paragraph (1) of subsection (b) of this Code section the operator's driver's license shall be suspended pursuant to the provisions of Code Section 40-5-57.4. 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 report of the Committee, which was favorable to the passage of the Bill, 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 Crawford N Davis Y Dawkins-Haigler

Y Hembree Y Henson
Hill, C

Y Marin Martin
Y Maxwell

N Scott, M Y Sellier N Setzler

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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
Butler N Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N 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
Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard
Heckstall

E 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
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 Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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

Y Shaw Y Sheldon Y Sims, B
Sims, C Y Sinkfield Y Smith, B E 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 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
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 19.

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

Representatives Epps of the 140th, Long of the 61st 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 Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

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This version of SB 360 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 360.

/s/ Bobby Franklin Representative, District 43

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having previously been read, was again taken up for consideration:

SB 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.

The report of the Committee, which was favorable to the 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 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
Epps, J Y Everson Y Floyd

Y Hembree Y Henson
Hill, C E 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 Marin Martin
Y Maxwell May
Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Y Nix Y Oliver

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R
Stephenson

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Y Bryant Y Buckner E Burkhalter Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

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 Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning

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 E Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 149, nays 1.

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

Representatives Long of the 61st, Maddox of the 172nd 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 Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th:

A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Composite Medical Board, so as to authorize the board to establish a professional health program to provide for monitoring and rehabilitation of impaired health care professionals; to authorize the board to enter into a contract with an entity to conduct such program; to provide for definitions; to provide for transfer and confidentiality of information; to provide for immunity; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Composite Medical Board, is amended by revising subsection (g) of Code Section 43-34-2, relating to creation of the Georgia Composite Medical Board, physician assistants advisory committee, review of qualifications, and impaired physicians programs, as follows:
"(g) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs. Reserved."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"43-34-5.1. (a) As used in this Code section, the term:
(1) 'Entity' means an organization or medical professional association which conducts professional health programs. (2) 'Health care professional' means any individual licensed, certified, or permitted by the board under this chapter. (3) 'Impaired' means the inability of a health care professional to practice 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. (4) 'Professional health program' means a program established for the purposes of monitoring and rehabilitation of impaired health care professionals. (b) The board shall be authorized to conduct a professional health program to provide monitoring and rehabilitation of impaired health care professionals in this state. To this end, the board shall be authorized to enter into a contract with an entity for the purpose of establishing and conducting such professional health program, including but not limited to:

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(1) Monitoring and rehabilitation of impaired health care professionals; (2) Performing duties related to paragraph (13) of subsection (a) of Code Section 4334-8; and (3) Performing such other related activities as determined by the board. (c) Notwithstanding the provisions of Code Sections 43-34-7 and 43-34-8, the board shall be authorized to provide pertinent information regarding health care professionals, as determined by the board and in its sole discretion, to the entity for its purposes in conducting a professional health program pursuant to this Code section. (d) All information, interviews, reports, statements, memoranda, or other documents furnished to the entity by the board or other source or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals pursuant to this Code section are declared to be privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records. All such records of the entity shall be confidential and shall be used by such entity and its employees and agents only in the exercise of the proper function of the entity pursuant to its contract with the board. Such information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals shall not be available for court subpoenas or for discovery proceedings. (e) An impaired health care professional who participates in a professional health program conducted pursuant to this Code section shall bear all costs associated with such participation. (f) Any entity that contracts with the board pursuant to this Code section shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, for the performance of any functions or duties under the contract if performed in accordance with the terms of such contract and the provisions of this Code section."
SECTION 3. Said article is further amended by revising paragraph (13) of subsection (a) and subparagraph (1)(K) of subsection (b) of Code Section 43-34-8, relating to authority to refuse license, certificate, or permit or issue discipline, 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. Every person who shall accept the privilege of practicing a profession regulated under this chapter or who

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4821

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 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 and any entity which has entered into a contract with the board pursuant to Code Section 43-34-5.1, if specifically provided for in such contract, may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee, certificate holder, or permit holder or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing 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;" "(K) Condition the penalty, or withhold formal disposition, which actions shall be kept confidential, unless there is a public order upon the licensee or applicant, licensee, certificate holder, or permit holder's submission to the care, counseling, or treatment by physicians or other professional persons, which may be provided pursuant to Code Section 43-34-5.1, and the completion of such care, counseling, or treatment, as directed by the board; or"

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

Y Hembree Y Henson
Hill, C E 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 Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Loudermilk Y Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall E Reece N 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 E 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, by substitute, the ayes were 150, nays 2.

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

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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.

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 78.

By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Part 3 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Voluntary Remediation Program for hazardous waste, so as to establish the Voluntary Remediation Program Escrow Account; to change certain provisions relating to the voluntary remediation program; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Voluntary Remediation Program for hazardous waste, is amended by revising subsection (a) of Code Section 12-8-104, relating to powers and duties of the director, as follows:
"(a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program;

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(2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; (5) To collect application fees from participants assess, receive, administer, and disperse funds obtained from application and reimbursement fees for the purpose of carrying out the duties and powers under this part; (6) To enter into such agreements and contracts as required to accomplish the purposes of this part; and (6)(7) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state."
SECTION 2. Said part is further amended by adding a new Code section to read as follows:
"12-8-104.1. (a) There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section 12-8-209, and such fees shall be held in an interest bearing account. (b) The director is authorized to expend the principal balance of the escrow account for costs incurred in administering the voluntary remediation program including reimbursing state contractors used in the administration of such program. The director is also authorized to expend interest earned on the account for the administration of the voluntary remediation program; provided, however, that interest funds collected must be expended within the same fiscal year in which the interest was earned and any interest not so expended shall be deposited in the state treasury. Any unused funds remaining following the conclusion of a project shall be deposited in the general treasury."
SECTION 3. Said part is further amended by replacing "remediation plan" with "investigation and remediation plan" wherever such term occurs in: (1) Code Section 12-8-107, relating to the submission of voluntary remediation plans, enrollment, proof of assurance, termination, and compliance status reports; and (2) Code Section 12-8-108, relating to standards and policies considered in investigation of voluntary remediation property.

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Benton of the 31st moves to amend the House Committee on Natural Resources and Environment substitute to SB 78 (LC 35 1864ERS) by replacing lines 1 and 2 with the following:
To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so
By adding at the end of line 4 the following:
amend certain definitions relating to hazardous waste; to update certain provisions to make such provisions consistent with federal regulations; 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 amend provisions relating to renovation activities which are regulated; to change provisions relating to training, certification, licensure, and regulation of persons performing renovation activities; to
By replacing lines 9 and 10 with the following:
Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended in Part 3, relating to the Georgia Voluntary Remediation Program for hazardous waste, by
By redesignating Sections 4 and 5 as Sections 7 and 8, respectively, and adding after Section 3 the following:
SECTION 4. Said article is further amended in Part 1, relating to hazardous waste management, by revising Code Section 12-8-62, relating to definitions, as follows:
"12-8-62. As used in this part, the term:
(1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Designated hazardous waste' means any solid waste identified as such in regulations promulgated by the board. The board may identify as 'designated

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hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1996 2010, if such solid waste contains any substance which is listed on any one or more of the following lists:
(A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1996 2010; (B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1996 2010; (C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, and all appendices thereto, in force and effect on February 1, 1996 2010; (D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1996 2010; (E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1996 2010; or (F) List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in force and effect on February 1, 1996 2010. (3) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) 'Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources. (6) 'Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended. (7) 'Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment.

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(8) 'Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article. (9) 'Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 2010, codified as Appendix VIII to 40 C.F.R. Part 261-- Identification and Listing of Hazardous Waste. (10) 'Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on January 1, 2006 February 1, 2010, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste. (11) 'Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste. (12) 'Hazardous waste generation' means the act or process of producing hazardous waste. (13) 'Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal. (14) 'Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. (15) 'Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200 pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11, of the Board of Natural Resources. (16) 'Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (17) 'Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (18) 'Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (19) 'Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement,

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or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (20) 'Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996 2010, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a). (21) 'Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (22) 'Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point. (23) 'Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (24) 'Waste reduction' means a practice, other than dewatering, dilution, or evaporation, by an environmental waste generator, including changes in production technology, materials, processes, operations or procedures or use of in-process, inline, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include, or require:
(A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes."
SECTION 5. Said article is further amended in Part 2, relating to hazardous site response, by revising Code Section 12-8-92, relating to definitions, as follows:
"12-8-92. Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term:
(1) 'Corrective action contractor' means any person contracting with the division to perform any activities authorized to be paid from the hazardous waste trust fund.

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(2) 'Environment' means: (A) The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act; and (B) Any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(3) 'Facility' means: (A) Any building, structure, installation, equipment, pipe or pipeline, pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) Any site or area where a hazardous waste, hazardous constituent, or hazardous substance has been deposited, stored, disposed of, placed, or has otherwise come to be located.
This term does not include any consumer product in consumer use but does include any vessel. (4) 'Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996 2010, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on January 1, 2006 February 1, 2010. (5) 'Inventory' means the hazardous site inventory compiled and updated by the division pursuant to Code Section 12-8-97. (6) 'Onshore facility' means any facility of any kind including, but not limited to, motor vehicles and rolling stock located in, on, or under any land or nonnavigable waters within the United States. (7) 'Owner' or 'operator' means:
(A) In the case of a vessel, any person owning, operating, or chartering by demise such vessel; (B) In the case of an onshore facility or an offshore facility, any person owning or operating such facility; and (C) In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand. Such term does not include a person who holds indicia of ownership primarily to protect said person's security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility. Such term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires

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title by virtue of its function as sovereign; provided, however, that this exclusion shall not apply to any state or local government which has caused or contributed to the release of a hazardous waste, hazardous constituent, or hazardous substance from the facility. (8) 'Person' means an individual, trust, firm, joint-stock company, corporation, partnership, association, authority, county, municipality, commission, political subdivision of this state, or any agency, board, department, or bureau of any other state or of the federal government. (9) 'Person who has contributed or who is contributing to a release' means:
(A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous constituent, or hazardous substance owned or operated any facility at which such hazardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treatment of hazardous wastes, hazardous constituents, or hazardous substances owned or possessed by such person or by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous wastes, hazardous constituents, or hazardous substances. A person who arranged for the recycling of recovered materials consisting solely of scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal or spent lead-acid, nickelacid, nickel-cadmium, and other batteries, and not consisting of any residue from a pollution control device, shall not be deemed to have arranged for treatment or disposal under this subparagraph; and (D) Any person who accepts or accepted any hazardous wastes, hazardous constituents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a hazardous waste, a hazardous constituent, or a hazardous substance. (10) 'Pollution prevention' means: (A) The elimination at the source of the use, generation, or release of hazardous constituents, hazardous substances, or hazardous wastes; or (B) Reduction at the source in the quantity and toxicity of such substances. (11) 'Release' means any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including without limitation the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, or hazardous substance; provided, however, that such term shall not include any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station; or the normal application of fertilizer.

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(12) 'Site' means that portion of the owner's contiguous property and any other owner's property affected by a release exceeding a reportable quantity. (13) 'Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,200 pounds of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article."
SECTION 6. Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by revising Article 1, relating to general provisions, as follows:
"ARTICLE 1
31-41-1. This chapter shall be known and may be cited as the 'Georgia Lead Poisoning Prevention Act of 1994.'
31-41-2. (a) The General Assembly finds that childhood lead poisoning is a devastating environmental health hazard to the children of this state. Exposure to even low levels of lead increases a child's risks of developing permanent reading and learning disabilities, intelligence quotient deficiencies, impaired hearing, reduced attention span, hyperactivity, behavior problems, and other neurological problems. It is estimated that thousands of children below the age of six are affected by lead poisoning in Georgia. Childhood lead poisoning is dangerous to the public health, safety, and general welfare. (b) Childhood lead poisoning is the result of environmental exposure to lead. The most significant source of environmental lead is lead-based paint, particularly in housing built prior to 1978, which becomes accessible to children as paint chips, house dust, and soil contaminated by lead-based paint. The danger posed by lead-based paint hazards can be controlled by abatement, renovation, or interim controls of lead-based paint or by measures to limit exposure to lead-based paint hazards. (c) It is crucial that the identification of lead hazards and subsequent implementation of interim control, renovation, or abatement procedures be accomplished in a manner that does not result in additional harm to the public or the environment. Improper lead abatement or renovation constitutes a serious threat to persons residing in or otherwise using an affected structure or site, to those performing such work, to the environment, and to the general public. (d) The General Assembly finds that it is in the public interest to establish minimum standards for the training and certification or licensure of all persons performing lead hazard reduction activities, including and for inspections, risk assessments, and planning and performance of interim controls, renovation, or abatement measures for such activities.

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31-41-3. As used in this chapter, the term:
(1) 'Abatement' means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the board, including:
(A) Removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) 'Accessible surface' means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (2.1) 'Board' means the Board of Natural Resources of the State of Georgia. (2.2) 'Child-occupied facility' means a building or portion of a building constructed prior to 1978, visited by the same child, six years of age or under, on at least two different days within the same week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours. Child-occupied facilities include, but are not limited to, day-care centers, preschools, and kindergarten facilities. (3) 'Department' means the Department of Natural Resources. (4) 'Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) 'Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) 'Inspection' means a surface by surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. (7) 'Interim controls' means a measure or set of measures as specified by the board taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards. (8) 'Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by board regulation. (9) 'Lead-based paint activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls, renovation, and abatement activities as determined by the department at target housing and childoccupied facilities. (10) 'Lead-based paint hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established pursuant to Section 403 of the Toxic Substances Control Act. (11) 'Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass

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concentration of lead in excess of levels determined pursuant to Section 403 of the Toxic Substances Control Act. (12) 'Lead contaminated soil' means bare soil on residential real property or on other sites frequented by children that contains lead at or in excess of levels determined to be hazardous to human health pursuant to Section 403 of the Toxic Substances Control Act. (13) 'Lead contaminated waste' means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department. (13.1) 'Lead dust sampling technician' means an individual employed to perform lead dust clearance sampling for renovation as determined by the department. (14) 'Lead firm' means a company, partnership, corporation, sole proprietorship, association, or other business entity that employs or contracts with persons to perform lead-based paint activities. (15) 'Lead inspector' means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards. (16) 'Lead project designer' means a person who plans or designs abatement activities and interim controls. (17) 'Lead risk assessor' means a person who conducts on-site risk assessments of lead hazards. (18) 'Lead supervisor' means a person who supervises and conducts abatement of lead-based paint hazards. (19) 'Lead worker' means any person performing lead hazard reduction activities. (19.1) 'Minor repair and maintenance activities' means activities that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted as determined by the department are used or where the work does not involve window replacement or demolition of painted surface areas. Jobs performed in the same room within 30 days are considered the same job for purposes of this definition. (19.2) 'Renovation' means the modification of any target housing or child-occupied facility structure or portion thereof, that results in the disturbance of painted surfaces unless that activity is performed as part of an abatement activity. Renovation includes but is not limited to the removal, modification, re-coating, or repair of painted surfaces or painted components; the removal of building components; weatherization projects; and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building into target housing or a child-occupied facility is a renovation. Such term shall not include minor repair and maintenance activities. (19.3) 'Renovation firm' means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity that employs or contracts with persons to perform lead-based paint renovations as determined by the department.

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(19.4) 'Renovator' means an individual who either performs or directs workers who perform renovations. (20) 'Risk assessment' means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including:
(A) Information gathering regarding the age and history of the structure and the occupancy or other use by young children; (B) Visual inspection; (C) Limited wipe sampling or other environmental sampling techniques; (D) Other activity as may be appropriate; and (E) Provision of a report explaining the results of the investigation. (21) 'Target housing' means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child or children age six years or under resides or is expected to reside in such housing for the elderly or persons with disabilities) or any zero-bedroom dwelling.
31-41-4. (a) There is established the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Natural Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program. The commissioner may delegate such duties to the Environmental Protection Division. (b) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement and renovation certification programs shall issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead-based paint hazard detection or lead-based paint activities, which may include, but shall not be limited to, lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers of such persons, lead dust sampling technicians, and renovators. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program may be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department may apply for such approval. The department shall establish fees for approval of such training programs.
(c)(1) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement and renovation certification programs shall establish training and licensure requirements for lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers, renovators, renovation

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firms, and lead dust sampling technicians. No person shall be licensed under this chapter unless such person has successfully completed the appropriate training program, passed an examination approved by the department for the appropriate category of license, and completed any additional requirements imposed by the board by regulation. The department is authorized to accept any lead-based paint hazard training completed after January 1, 1990, in full or partial satisfaction of the training requirements. The board may establish requirements for periodic refresher training for all licensees as a condition of license renewal. The board shall establish examination fees, license fees, and renewal fees for all licenses issued under this chapter, provided that such fees shall reflect the cost of issuing and renewing such licenses, regulating licensed activities, and administering the program. (2) On and after the effective date of regulations promulgated by the board as provided in subsection (b) of this Code section, no person shall perform or represent that such person is qualified to perform any lead-based paint activities unless such person possesses the appropriate licensure or certification as determined by the board or unless such person is:
(A) An owner performing abatement or renovation upon that person's own residential property, unless the residential property is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level; (B) An employee of a property management company doing routine cleaning and repainting minor repairs and maintenance activities upon property managed by that company where there is insignificant damage, wear, or corrosion of existing leadcontaining paint or coating substances; or (C) An owner routinely cleaning or repainting doing minor repairs and maintenance activities upon his or her property where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances. (3) A person who is employed by a state or county health department or state or federal agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead risk assessor but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the board under this chapter. (d) The board shall promulgate regulations establishing standards of acceptable professional conduct and work practices for the performance of lead-based paint activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension, modification, or revocation of a license, or the denial of issuance or renewal of a license. (e) Written information on the renovation must be provided by the renovation firm or renovator to residents before beginning any renovation activities (except that the written information may be provided after the renovation begins for emergency renovations), in accordance with regulations promulgated by the board.

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(f) The lead firm, renovation firm, and renovator must meet record-keeping and reporting requirements established by regulations promulgated by the board.

31-41-5. The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty."

The Committee substitute, as amended, was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns
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
Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Greene Y Hamilton

Y Hembree Y Henson Y Hill, C E 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
Kaiser Y Keen Y Keown Y Kidd
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long

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 Y Ramsey Y Randall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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

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

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

E Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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.

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.

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 78 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 78.

/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 adopted by the requisite constitutional majority the following resolution of the Senate:

SR 1145. By Senators Chapman of the 3rd, Williams of the 19th, Bulloch of the 11th and Goggans of the 7th:

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A RESOLUTION encouraging the State Board of Technical and Adult Education to initiate programs in ecological job training; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
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 Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
A BILL
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

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4839

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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare supplemental insurance, is amended by revising Code Section 33-43-3, relating to duplicate benefits prohibited and establishment of standards, as follows:
"33-43-3. (a) No medicare supplement insurance policy or certificate in force in this state shall contain benefits which duplicate benefits provided by medicare. (b) Notwithstanding any other provision of Georgia law, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. (c) The Commissioner shall adopt reasonable regulations to establish specific standards for policy provisions of medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state. No requirement of this title relating to minimum required policy benefits, other than the minimum standards contained in this chapter, shall apply to medicare supplement policies and certificates. The standards may shall cover, but shall not be limited to:
(1) Terms of renewability; (2) Initial and subsequent conditions of eligibility; (3) Nonduplication of coverage; (4) Probationary periods; (5) Benefit limitations, exceptions, and reductions; (6) Elimination periods; (7) Requirements for replacement; (8) Recurrent conditions; and (9) Definitions of terms. (d) The Commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claims payment, marketing practices, compensation arrangements, and reporting practices for medicare supplement policies and certificates. (e) The Commissioner may adopt from time to time such reasonable regulations as are necessary to conform medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including, but not limited to:

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(1) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements; (2) Establishing a uniform methodology for calculating and reporting loss ratios; (3) Assuring public access to policies, premiums, and loss ratio information of issuers of medicare supplement insurance; (4) Establishing a process for approving or disapproving policy forms, certificate forms, and proposed premium increases; (5) Establishing a policy for holding public hearings prior to approval of premium increases; and (6) Establishing standards for medicare select policies and certificates. (f) The Commissioner may adopt reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the Commissioner, are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be insured under a medicare supplement policy or certificate. (g) Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement policies to persons in this state who are eligible for and enrolled in medicare by reason of disability or end-stage renal disease. Except as otherwise provided in this Code section, all benefits, protections, policies, and procedures that apply to persons 65 years of age or older shall also apply to persons that are eligible for and enrolled in medicare by reason of disability or endstage renal disease. (h) Persons may enroll in a medicare supplement policy at any time authorized or required by the federal government, or within six months of: (1) Enrolling in medicare Part B, or by May 1, 2011, for an individual who is under 65 years of age and is eligible for medicare because of disability or end-stage renal disease, whichever is later; (2) Receiving notice that such person has been retroactively enrolled in medicare Part B due to a retroactive eligibility decision made by the Social Security Administration; or (3) Experiencing a qualifying event identified in regulations adopted pursuant to subsection (c) of this Code section. (i) No policy or certificate issued pursuant to this chapter shall prohibit payment made by third parties on behalf of individual applicants or individuals within a group applicant so long as: (1) The third party is an immediate family member of a person lawfully exercising an in-force power of attorney or legal guardianship; or (2) The third party is a nonprofit, charitable organization that:
(A) Is the named requestor of an advisory opinion issued by the United States Department of Health and Human Services (HHS) Office of Inspector General under the requirements of 42 C.F.R. Part 1008; and (B) Provides, upon request by the medicare supplement issuer, the specific advisory opinion relied upon by the third party to make such payment and a written certification that the advisory opinion is in full force and effect and has not been

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rescinded, modified, or terminated by the United States Department of Health and Human Services (HHS) Office of Inspector General. (j) Premiums for medicare supplemental insurance policies may differ between persons who qualify for medicare who are 65 years of age or older and those who qualify for medicare who are younger than 65 years of age; provided, however, that such differences in premiums shall not be excessive, inadequate, or unfairly discriminatory and shall be based on sound actuarial principles and reasonable in relation to the benefits provided."

SECTION 2. This Act shall become effective on November 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
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 E Burkhalter Y Burns E Butler
Byrd Y Carter Y Casas
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 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 E Golick Y Gordon Y Greene Y Hamilton

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt N 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
Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey
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
Ramsey Y Randall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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

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

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

E 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 Y Wix Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 5.

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

Representatives Baker of the 78th 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.

Representative Hudson of the 124th was excused on the preceding roll call. She 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.

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.

The following Committee substitute was read and adopted:

A BILL

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 additional persons and entities that shall be authorized to consent to surgical or medical treatment on behalf of an incapacitated person; to provide for immunity; to amend Article 2 of Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to procedure for appointment of guardians for adults, so as to provide for expedited judicial intervention for the appointment of a temporary medical consent guardian; to provide for definitions; to provide requirements for a petition, supporting documentation, and notice; to provide for preliminary and evidentiary hearings; to provide for termination of a temporary medical

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consent guardianship; to provide for immunity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to consent for surgical or medical treatment, is amended by revising Code Section 31-9-2, relating to persons authorized to consent to surgical or medical treatment, as follows:
"31-9-2. (a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:
(1) Any adult, for himself or herself, whether by living will, advance directive for health care, or otherwise; (1.1) Any person authorized to give such consent for the adult under an advance directive for health care or durable power of attorney for health care under Chapter 32 of Title 31 this title; (2) In the absence or unavailability of a person authorized pursuant to paragraph (1.1) of this subsection, any married person for his or her spouse; (3) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his or her minor child; (3) Any married person, whether an adult or a minor, for himself or herself and for his or her spouse; (4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his or her care; and any guardian, for his or her ward; (5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof, or childbirth; or (6) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (2) (1.1) through (5) of this subsection, the following persons in the following order of priority:
(A) Any adult child for his or her parents; (B) Any parent for his or her adult child; (C) Any adult for his or her brother or sister; or (D) Any grandparent for his or her grandchild; (E) Any adult grandchild for his or her grandparent; or (F) Any adult niece, nephew, aunt, or uncle of the patient who is related to the patient in the first degree; or (7) Upon the inability of any adult to consent for himself or herself and in the absence of any person to consent under paragraphs (1.1) through (6) of this subsection, an adult friend of the patient. For purposes of this paragraph, 'adult friend'

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means an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgment form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria. (a.1) In the absence, after reasonable inquiry, of any person authorized in subsection (a) of this Code section to consent for the patient, a hospital or other health care facility or any interested person may initiate proceedings for expedited judicial intervention to appoint a temporary medical consent guardian pursuant to Code Section 29-4-18. (b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, act in good faith to consent to surgical or medical treatment or procedures which the patient would have wanted had the patient understood the circumstances under which such treatment or procedures are provided. The person who consents on behalf of the patient in accordance with subsection (a) of this Code section shall have the right to visit the patient in accordance with the hospital or health care facility's visitation policy. (c) For purposes of this Code section, the term 'inability of any adult to consent for himself or herself' shall mean means a determination in the medical record by a licensed physician after the physician has personally examined the adult that the adult 'lacks sufficient understanding or capacity to make significant responsible decisions' regarding his or her medical treatment or the ability to communicate by any means such decisions. (d)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional conduct solely for relying in good faith on any direction or decision by any person reasonably believed to be authorized and empowered to consent under subsection (a) of this Code section even if death or injury to the patient ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any such direction or decision shall be protected and released to the same extent as though such person had interacted directly with the patient as a fully competent person. (2) No person authorized and empowered to consent under subsection (a) of this Code section who, in good faith, acts with due care for the benefit of the patient, or who fails to act, shall be subject to civil or criminal liability for such action or inaction."
SECTION 2. Article 2 of Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to procedure for appointment of guardians for adults, is amended by adding a new Code section to read as follows:
"29-4-18. (a) As used in this Code section, the term:

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(1) 'Adult unable to consent' means a person 18 years of age or older who has been determined in his or her medical records by a licensed physician after the physician has personally examined the adult that he or she lacks sufficient understanding or capacity to make significant responsible decisions regarding his or her medical treatment or the ability to communicate by any means such decisions. (2) 'Life-sustaining procedures' means medications, machines, or other medical procedures or interventions which, when applied to a medical consent ward in a terminal condition or in a state of permanent unconsciousness, could in reasonable medical judgment keep such medical consent ward alive but cannot cure the medical consent ward and where, in the judgment of the medical consent ward's primary treating physician and a second physician, death will occur without such procedures or interventions. (3) 'Medical consent ward' means a ward for whom the court has appointed a temporary medical consent guardian pursuant to this Code section for a limited time and only for the purposes of consenting to surgical or medical treatment or procedures not prohibited by law. (4) 'Proposed medical consent ward' means an adult unable to consent who is or has been a patient in a health care institution or of a health care provider. (5) 'State of permanent unconsciousness' means an incurable or irreversible condition in which the medical consent ward is not aware of himself or herself or his or her environment and in which such medical consent ward is showing no behavioral response to his or her environment. (6) 'Temporary medical consent guardian' means an individual appointed pursuant to the provisions of this Code section for a limited time and only for the purposes of consenting to surgical or medical treatment or procedures not prohibited by law. (7) 'Terminal condition' means an incurable or irreversible condition which would result in the medical consent ward's death in a relatively short period of time. (b) In the absence, after reasonable inquiry, of a person authorized or willing to consent for the proposed medical consent ward under the provisions of Code Section 31-9-2, any interested person, including the proposed medical consent ward, may file a petition for the appointment of a temporary medical consent guardian. The petition shall be filed in the court of the county in which the proposed medical consent ward is domiciled or is found. (c) The petition for appointment of a temporary medical consent guardian shall set forth: (1) A statement of the facts upon which the court's jurisdiction is based; (2) The name, address, and county of domicile of the proposed medical consent ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the proposed medical consent ward; (4) A statement of the reasons the temporary medical consent guardian is sought, including:

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(A) Facts that support the need for such guardian including facts that establish what medical decisions are needed and why those decisions are needed without undue delay; (B) Facts that support the determination that the proposed medical consent ward lacks sufficient capacity to make or communicate medical treatment decisions; and (C) The anticipated duration of the temporary medical consent guardianship; (5) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; (6) The reason for any omission in the petition for an appointment of a temporary medical consent guardian in the event full particulars are lacking; and (7) Whether a petition for the appointment of a guardian or conservator has been filed or is being filed in conjunction with the petition for the appointment of the temporary medical consent guardian. (d) Upon the filing of a petition for a temporary medical consent guardian, the court shall review the petition to determine whether there is probable cause to believe that the proposed medical consent ward lacks decision-making capacity and is in need of a temporary medical consent guardian and either: (1) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition; or (2) If the court determines that there is probable cause to believe that the proposed medical consent ward is in need of a temporary medical consent guardian, immediately: (A) Appoint legal counsel to represent the proposed medical consent ward, which counsel may be the same counsel who is appointed to represent such adult in the hearing on the petition for guardianship, if any such petition has been filed, and the court shall inform counsel of the appointment; (B) Order a preliminary hearing to be conducted within 72 hours after the filing of the petition; and (C) Notify any proposed medical consent ward of any proceedings by service of all pleadings on such proposed medical consent ward, which notice shall be served personally on the proposed medical consent ward by a person specially appointed by the court for such purpose and shall not be served by mail, and such notice shall inform the proposed medical consent ward:
(i) That he or she has the right to attend any hearing that is held in connection with the petition to appoint a temporary medical consent guardian; (ii) That he or she may lose important rights to control the management of his or her person if a temporary medical consent guardian is appointed; (iii) That legal counsel has been appointed on his or her behalf; and (iv) The date and time of the preliminary hearing on the petition to appoint a temporary medical consent guardian. (e) Unless waived by the court, notice of the petition and the preliminary hearing shall also be served on the following persons who have not joined in the petition or otherwise consented to the proceedings:

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(1) The administrator of the hospital or other health care facility where the proposed medical consent ward is located; (2) The primary treating physician and other physicians believed to have provided any medical opinion or advice about any condition of the proposed medical consent ward relevant to the petition; (3) All other persons the petitioner believes may have information concerning the expressed wishes of the proposed medical consent ward; and (4) Any other persons as the court may direct. (f) At the preliminary hearing, the court, in its discretion, shall: (1) Appoint a temporary medical consent guardian; (2) Order an evidentiary hearing to be conducted not later than four days after the preliminary hearing; or (3) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition. (g) If the court orders an evidentiary hearing, in addition to any other evidence presented to the court, the court may consider any case review by the hospital's or health care facility's ethics committee or subcommittee thereof or by any other ethics mechanism selected by the hospital or health care facility. (h) If the court holds an evidentiary hearing, the court, in its discretion, shall either: (1) Appoint a temporary medical consent guardian; or (2) Dismiss the petition and provide the proposed medical consent ward with the order dismissing the petition. (i) The court shall have the authority to appoint as a temporary medical consent guardian any individual the court deems fit with consideration given to any applicable conflict of interest issue so as long as such individual is: (1) willing and able to become involved in the proposed medical consent ward's health care decisions and (2) willing to exercise reasonable care, diligence, and prudence and to consent in good faith to medical or surgical treatment or procedures which the proposed medical consent ward would have wanted had he or she not been incapacitated. Where the proposed medical consent ward's preferences are not known, the temporary medical consent guardian shall agree to act in the proposed medical consent ward's best interests. However, a temporary medical consent guardian shall not be authorized to withdraw life-sustaining procedures unless specifically authorized by the court pursuant to this Code section. (j) The temporary medical consent guardianship shall terminate on the earliest of: (1) The court's removal of the temporary medical consent guardian; (2) The effective date of the appointment of a permanent guardian under Code Section 29-4-2; (3) The duration of the current hospitalization of the medical consent ward or a substantially continuous stay in another health care facility; or (4) Sixty days from the date of appointment of the temporary medical consent guardian. (k)(1) No hospital or other health care facility, health care provider, or other person or entity shall be subject to civil or criminal liability or discipline for unprofessional

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conduct solely for relying in good faith on any direction or decision by a temporary medical consent guardian, even if death or injury to the medical consent ward ensues. Each hospital or other health care facility, health care provider, and any other person or entity who acts in good faith reliance on any direction or decision by a temporary medical consent guardian shall be protected and released to the same extent as though such person had interacted directly with the medical consent ward as a fully competent person. (2) No temporary medical consent guardian who, in good faith, acts with due care for the benefit of the medical consent ward, or who fails to act, shall be subject to civil or criminal liability for such action or inaction. (l) The Department of Community Health shall develop and make available a Physician Order for Life-sustaining Treatment, a specific form voluntarily executed by a patient and his or her authorized representative and a physician which provides directions regarding end of life care."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Bell Y Benfield N Benton Y Black Y Brooks N Bruce Y Bryant

Y Crawford N Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England Y Epps, C
Epps, J N Everson N Floyd Y Fludd

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

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

N Scott, M Y Sellier N Setzler N Shaw N Sheldon N Sims, B Y Sims, C Y Sinkfield N Smith, B E Smith, E N Smith, K Y Smith, L Y Smith, R N Smith, T Y Smyre Y Stephens, M
Stephens, R Y Stephenson N Stout

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4849

Y Buckner E Burkhalter N Burns E Butler N Byrd Y Carter N Casas Y Chambers
Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N Cox

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

Y Keen N Keown N Kidd
Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey
Long N Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese N Rice N Roberts Y Rogers N Rynders N Scott, A

Y Talton Y Taylor
Teilhet Y Thomas Y Thompson
VACANT N Walker
Weldon Y Wilkinson Y Willard Y Williams, A N 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 92, nays 65.

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

Representatives Epps of the 140th 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.

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Maxwell of the 17th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Anderson of the 117th and Williams of the 89th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 367 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 367.

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/s/ Bobby Franklin Representative, District 43

Representative May of the 111th moved that the House reconsider its action in giving the requisite constitutional majority to SB 367.

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 N Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton N Black N Brooks
Bruce N Bryant N Buckner E Burkhalter Y Burns N Butler Y Byrd Y Carter Y Casas N Chambers
Channell N Cheokas N Coan N Cole N Coleman N Collins, D E Collins, T N Cooper Y Cox

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

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

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

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

On the motion, the ayes were 66, nays 89.

The motion was lost.

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:

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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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, so as to provide better control and regulation of the practice of massage therapy; to provide for a definition; to change provisions relating to the powers of the Georgia Board of Massage Therapy; to change and expand acts constituting violations of the chapter; to change provisions relating to disciplinary actions; to clarify provisions relating to local regulation of massage therapy; to increase punishment for violations of the chapter; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 24A of Title 43 of the Official Code of Georgia Annotated, relating to massage therapy practice, is amended in Code section 43-24A-3, relating to definitions, by adding a new paragraph to read as follows:
"(4.1) 'Entity' means the owner or operator of a business where massage therapy for compensation is performed."
SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 43-24A-7, relating to powers of the Georgia Board of Massage Therapy, as follows:
"(3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under or entities acting in violation of this chapter;"
SECTION 3. Said chapter is further amended by revising Code Section 43-24A-15, relating to unlawful acts, as follows:

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"43-24A-15. (a) It is shall be a violation of this chapter for any person or entity to advertise massage therapy services or to advertise the offering of massage therapy services unless such services are provided by a person who holds a valid license under this chapter. (b) It shall be a violation of this chapter for any person to advertise:
(1) As a massage therapist unless the person holds a valid license under this chapter in the classification so advertised; or (2) Massage therapy services combined with escort or dating services or adult entertainment. (c) It shall be unlawful a violation of this chapter for a person or business entity, or its the employees, agents, or representatives of such person or entity, to practice massage therapy or to use in connection with its such person's or entity's name or business activity the terms 'massage,' 'massage therapy,' 'massage therapist,' 'massage practitioner,' or the letters 'M.T.,' 'L.M.T.,' or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that massage therapy is provided or supplied unless such massage therapy is provided by a massage therapist licensed and practicing in accordance with this chapter. (d) It shall be a violation of this chapter for any entity to: (1) Advertise the offering of massage therapy services combined with escort or dating services or adult entertainment; or (2) Employ unlicensed massage therapists to perform massage therapy. (e) It shall be a violation of this chapter for any person to practice massage therapy without holding a current or provisional license as a massage therapist in accordance with subsection (a) of Code Section 43-24A-8. (f) It shall be a violation of this chapter for any person or entity, or the employees, agents, or representatives of such person or entity, to render or offer massage therapy services for compensation unless such massage therapy is provided by a licensed massage therapist."
SECTION 4. Said chapter is further amended by revising Code Section 43-24A-17, relating to disciplinary actions, as follows:
"43-24A-17. (a) The board shall may take disciplinary action in accordance with the provisions of Chapter 1 of this title. any one or more of the following actions against a person or entity found by the board to have committed a violation of this chapter:
(1) Reprimand or place the licensee on probation; (2) Revoke or suspend the license or deny the issuance or renewal of a license; (3) Impose an administrative fine not to exceed $500.00 for each violation; and (4) Assess costs against the violator for expenses relating to the investigation and administrative action.

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(b) The board may assess collection costs and interest for the collection of fines imposed under this chapter against any person or entity that fails to pay a fine as directed by the board."
SECTION 5. Said chapter is further amended by revising Code Section 43-24A-22, relating to local regulation, as follows:
"43-24A-22. (a) This chapter shall not be construed to prohibit a county or municipality from enacting any regulation of persons not licensed pursuant to this chapter. Any place of business where massage therapy for compensation is performed shall also be subject to regulation by local governing authorities. (b) No provision of any ordinance enacted by a municipality, county, or other jurisdiction that is in effect before July 1, 2005, and that relates to the practice of massage therapy or requires licensure of a massage therapist may be enforced against a person who is issued a license by the board under this chapter."
SECTION 6. Said chapter is further amended by revising Code Section 43-24A-24, relating to fines and punishments for violations, as follows:
"43-24A-24. (a) Any person who practices massage therapy without a valid license acts in violation of this chapter Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section. (b) Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. (c) Upon being convicted a first time under this Code section, such person or entity shall be guilty of and shall be punished by a fine of not more than $500.00 as for a misdemeanor for each offense. Upon being convicted a second time under this Code section, such person or entity shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature. Upon being convicted a second third or subsequent time under this Code section, such person or entity shall be guilty of a felony and shall be punished by a fine of not more than $1,000.00 $25,000.00 for each offense, imprisonment for not more than 12 months less than one nor more than five years, or both."
SECTION 7. This Act shall become effective on July 1, 2010, and shall apply to all offenses which occur on and after that date.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden 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 N Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Coan Y Cole Y Coleman Y Collins, D E 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 E Fullerton Y Gardner Y Geisinger Y Glanton E 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 E Hill, C.A N Holt N Horne Y Houston Y Howard E Hudson Y Hugley
Jackson Y Jacobs E James
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 Y Long N Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin
Maxwell N 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 N 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 Y Sinkfield Y Smith, B E 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 150, nays 8.

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

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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.
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.

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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.
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 matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
HB 1478. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act to create a new charter for the town of Dexter, in the County of Laurens, State of Georgia, approved August 15, 1910 (Ga. L. 1910, p. 600), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1489. By Representative Carter of the 175th:
A BILL to be entitled an Act to provide a new charter for the City of Remerton; 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,

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prohibition, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a city manager and certain duties, powers, and other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1491. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to authorize Dawson 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 1492. By Representative Smith of the 168th:
A BILL to be entitled an Act to provide for an advisory referendum election to be held in Bacon County for the purpose of ascertaining whether the voters of such county desire the Bacon County Board of Elections and Registration to divide the county into multiple election precincts so as to permit voters to vote closer to their residence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1494. By Representative Williams of the 178th:
A BILL to be entitled an Act to amend an Act incorporating the Board of Commissioners of Pierce County, approved March 24, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), and an Act approved April 19, 2000 (Ga. L. 2000, p. 4210), so as to create the office of county manager; to prescribe powers and duties; to provide that the chairperson of the Pierce County Board of Commissioners shall serve on a part-time basis; to provide for a salary; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1496. By Representatives Knight of the 126th and Yates of the 73rd:
A BILL to be entitled an Act to amend an Act which provides a homestead exemption for each resident of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income, approved March 26, 1986 (Ga. L. 1986, p. 4514), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4514), so as to

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increase the income level to qualify for such exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1503. 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 amend an Act known as the "Clayton County Civil Service Act," approved March 29, 1994 (Ga. L. 1994, p. 4399), as amended, so as to change provisions relating to review and appeal of decisions of the Clayton County civil service board; to provide for review by certiorari to the superior court; 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 789. By Representative Chambers of the 81st:
A BILL to be entitled an Act to authorize the City of Doraville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 790. By Representative Chambers of the 81st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 1505. By Representative Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; to provide for a governing authority of such city and the

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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 repeal a specific Act; 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:
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.
The following Committee substitute was read:
A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for certain unlawful activity relating to the listing of certain telephone numbers in local telephone directories; to provide for definitions; to clarify certain provisions regarding confidentiality of certain information; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 paragraph (4) of subsection (b) and subsection (d) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions being unlawful, as follows:

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"(4)(A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful:
(i) For any nonlocal business to cause to be listed in any local telephone directory a local telephone number for the business if calls to the local telephone number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory or to a tollfree number which does not have a local address and the listing fails to state clearly the principal place of business of the nonlocal business; (ii) For any person operating a business to cause to be listed in any local telephone directory a toll-free number for the business if the listing fails to state clearly the principal place of business of such business; or (iii) For any person to use an assumed or fictitious name in the conduct of such person's business, if the use of such name could reasonably be construed to be a misrepresentation of the geographic origin or location of such person's business. (i) For any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business; or (ii) For any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business (B) For purposes of this paragraph, the term: (i) 'Local' or 'local area' refers to means the area in which any particular telephone directory is distributed or otherwise provided free of charge to some or all telephone service telecommunications services subscribers. (ii) 'Local telephone classified advertising directory' refers to any telephone classified advertising directory means any telecommunications services directory, directory assistance data base, or other directory listing which is distributed or otherwise provided free of charge to some or all telephone telecommunications services subscribers in any area of the this state and includes such directories distributed by telephone service telecommunications companies as well as such directories distributed by other parties. (iii) 'Local telephone number' refers to any telephone means any telecommunications services number which is not clearly identifiable as a longdistance telephone telecommunications services number and which has a threenumber prefix typically used by the local telephone service telecommunications company for telephones telecommunications services devices physically located within the local area.

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(iv) 'Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. (v) 'Nonlocal business' refers to means any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question. (v) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (vi) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (vii) 'Telecommunications services subscriber' means a person or entity to whom telecommunications services, either residential or commercial, are provided;" "(d)(1) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. (2) Nothing contained in this subsection shall be construed: (A) to prevent the subject of the complaint, or any other person to whom disclosure to the To prevent the administrator from disclosing the complainant's identity may if the administrator believes that disclosure will aid in resolution of the complaint, from being informed of the identity of the complainant,; (B) to To prohibit any valid discovery under the relevant discovery rules,; or (C) to To prohibit the lawful subpoena of such information."
SECTION 2. Said part is further amended by revising Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or impose civil penalties, judicial relief, and receivers, as follows:
"10-1-397. (a) As used in this Code section, the term:
(1) 'Call' means any communication, message, signal, or transmission. (2) 'Telecommunications company' shall have the same meaning as provided in Code Section 46-5-162. (3) 'Telecommunications services' shall have the same meaning as provided in Code Section 46-5-162. (b) 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 or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the

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public interest, whether or not any person has actually been misled, he or she the administrator 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 of 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 of 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. (b)(c) Unless the administrator determines that a person subject to this part designs quickly to depart from this state or to remove his or her property therefrom or to conceal himself or herself or his or her property therein or that there is immediate danger of harm to citizens of this state or of another state, he the administrator shall, unless he or she seeks a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, before initiating any proceedings as provided in this Code section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the administrator and execute an assurance of voluntary compliance as provided in this part. The determination of the administrator under this subsection shall be final and not subject to judicial review. (c)(d) With the exception of consent judgments entered before any testimony is taken, a final judgment under this Code section is shall be admissible as prima-facie evidence of such specific findings of fact as may be made by the court which enters the judgment in subsequent proceedings by or against the same person or his or her successors or assigns. (d)(e) When a receiver is appointed by the court pursuant to this part, he or she shall have the power to sue for, collect, receive, and take into his or her possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by

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this part, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(e)(f)(1) Whenever the administrator issues a cease and desist order to any person regarding the use of a telephone number which when called automatically imposes a per-call charge or other costs to the consumer, other than a regular charge imposed for long distance service, including, but not limited to, a telephone number in which the local prefix is 976 or in which the long distance prefix is 900, the administrator may certify to the appropriate local or long distance carrier telecommunications company responsible for billing consumers for the charges that billing for the charges or for certain of the charges should be suspended. The carrier telecommunications company shall then suspend such billing with reasonable promptness to preserve the assets of consumers in accordance with the certification, without incurring any liability to any person for doing so. For the purposes of this Code section, 'reasonable promptness to preserve the assets of consumers' shall mean to act as quickly as the carrier telecommunications company would act to preserve its own assets, provided that the carrier telecommunications company cannot be required to make any changes to its existing systems, technologies, or methods used for billing, other than any minimal procedural changes necessary to actually suspend the billing. The carrier telecommunications company shall not be made a party to any proceedings under this part for complying with this requirement but shall have a right to be heard as a third party in any such proceedings. (2) The suspension of billing under this subsection shall remain in effect until the administrator certifies to the carrier telecommunications company that the matter has been resolved. The administrator shall certify to the carrier telecommunications company with reasonable promptness when the matter has been resolved. In this certification, the administrator shall advise the carrier telecommunications company to collect none of, all of, or any designated part of the billings in accordance with the documents or orders which resolved the matter. The carrier telecommunications company shall collect or not collect the billings in the manner so designated and shall not incur any liability to any person for doing so. (3) Nothing contained in this subsection shall limit or restrict the right of the carrier telecommunications company to place its own restrictions, guidelines, or criteria, by whatever name denominated, upon the use of such telephone service telecommunications services, provided such restrictions, guidelines, or criteria do not conflict with the provisions of this subsection."
SECTION 3. This Act shall become effective on January 1, 2011.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jacobs of the 80th and Willard of the 49th move to amend SB 368 (LC 36 1677S) by striking lines 91 and 92 and inserting in lieu thereof the following:

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

The Committee substitute, as amended, was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
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
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 E Golick Y Gordon Y Greene Y Hamilton Y Hanner

Y Hembree Y Henson Y Hill, C E 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
Keen Y Keown Y Kidd
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk

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
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 Y Sinkfield Y Smith, B E 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

TUESDAY, APRIL 27, 2010

4865

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

Y Harbin Y Harden, B
Harden, M Y Hatfield Y Heard Y Heckstall

Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y 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, by substitute, as amended, the ayes were 157, nays 3.

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

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.

The following Committee substitute was read and adopted:

A BILL

To amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to repeal provisions relating to the Georgia Golf Hall of Fame Authority; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, so as to provide for the disposition of the assets of the Georgia Golf Hall of Fame; to amend Article 4 of Chapter 12 of Title 50, relating to halls of fame, so as to repeal provisions relating to the Georgia Golf Hall of Fame; to provide for authorization to sell real property owned or controlled by the Georgia Golf Hall of Fame; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, is amended by repealing in its entirety Part 13, relating to the Georgia Golf Hall of Fame Authority.

SECTION 2. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Economic Development, is amended by adding a new Code section to read as follows:

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"50-7-18. The department shall receive all assets, excluding all real property and statues, of the Georgia Golf Hall of Fame Authority and the Georgia Golf Hall of Fame Board. The department shall be responsible for any contracts, leases, agreements, or other obligations of such board and authority. The department is substituted as a party to any contract, agreement, lease, or other obligation and is responsible for performance as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. The statues owned or controlled by the Georgia Golf Hall of Fame shall be transferred by the department no later than January 1, 2011, to Augusta, Georgia, for public use by the Augusta-Richmond County Commission."

SECTION 3. Article 4 of Chapter 12 of Title 50, relating to halls of fame, is amended by repealing and reserving Part 2, relating to the Georgia Golf Hall of Fame.

SECTION 4. The state, acting by and through its State Properties Commission, shall be authorized to sell by competitive bid all real property owned or controlled by the Georgia Golf Hall of Fame or its authority or board for a consideration of not less than the fair market value as determined by the State Properties Commission and not less than the amount of the outstanding bond indebtedness associated with the Georgia Golf Hall of Fame. Such sale shall be as provided in Code Section 50-16-39. Such authorization shall expire three years after the effective date of this Act.

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt
Horne

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B

TUESDAY, APRIL 27, 2010

4867

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

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

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
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 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, C Y Sinkfield
Smith, B E 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 159, nays 0.

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

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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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.

The report of the Committee, which was favorable to the 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
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
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 Coleman Y Collins, D E 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
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton E 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 E 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
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 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 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 E 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 159, nays 0.

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

TUESDAY, APRIL 27, 2010

4869

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following supplemental Rules Calendar was read and adopted:

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HOUSE SUPPLEMENTAL RULES CALENDAR TUESDAY, APRIL 27, 2010

Pursuant to Rule 33.3, debate on each bill or resolution shall be limited to one hour. Five minutes per speaker.

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HR 1736 HR 1913 SB 313 SB 362 SB 363
SB 402 SB 410
SB 414 SB 418
SB 435

Secretary of State and Board of Regents; Georgia Capitol and State Museums; urge (HEd-Wilkinson-52nd) House Study Committee on Reducing Poverty and Increasing Economic Security; create (ED&T-Bruce-64th) Grand Juries; oath shall be given to all witnesses; to provide that an unsworn testimony shall be disallowed (Judy-Smyre-132nd) Harbison-15th Property; liens of mechanics/materialmen; waiver and release upon payment (Substitute)(Judy-Jacobs-80th) Weber-40th State Employee's Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan (Ins-O`Neal-146th) Goggans-7th Land Conservation; redefine certain terms (NR&E-Harden-147th) Tolleson-20th Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements (PS&HSChambers-81st) Douglas-17th "Jared Little Act"; Georgia State Indemnification Fund; payment shall be made to parents/siblings (Judy-Weldon-3rd) Mullis-53rd Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V (Substitute)(H&HSCooper-41st) Carter-1st "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees (Substitute)(H&HS-Maddox172nd) Thomas-54th

TUESDAY, APRIL 27, 2010

4871

SB 458 SB 518
SB 519

Safety Belts; eliminate certain exceptions to the required use of safety belts (H&HS-Channell-116th) Thomas-54th Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals (D&VA-Weldon3rd) Mullis-53rd Motor Vehicles; motorized cart; modify definition; change hours of operation; provide local governments decide operators be licensed (Substitute)(Trans-Sims-119th) Mullis-53rd

Modified Structured Rule

HR 1946 HR 1948 SB 371
SB 387 SB 411
SB 419
SB 490 SB 491
SB 523
SR 153 SR 277

Community Health, Department of; educate public on disposal of homegenerated medical sharps; urge (Substitute)(H&HS-Cooper-41st) South Atlantic Fishery Management Council; not prohibit Atlantic Ocean bottom fishing; urge (GF&P-Williams-178th) Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions (JudyNCRamsey-72nd) Cowsert-46th Education; provide for career counseling/advisement for students in grades 6 through 12 (Ed-Coleman-97th) Weber-40th "Healthy Georgians Act of 2010"; provide exemptions from certain unfair trade practices for certain wellness and health promotion programs (InsMeadows-5th) Hudgens-47th Drivers' License; provide for notation; post traumatic stress disorder; members of armed services/veterans (Substitute)(MotV-Bearden-68th) Ramsey, Sr.-43rd Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations (NR&E-Harden-147th) Tolleson-20th Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions (Judy-Maddox-127th) Cowsert-46th Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members (Substitute)(ED&T-Cole-125th) Cowsert-46th Education Improvement Districts; provide creation and comprehensive regulation -CA (Substitute)(Ed-Jacobs-80th) Weber-40th Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding-CA (Substitute)(W&M-Peake-137th) Goggans-7th

Structured Rule

None

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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

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

SB 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.

The report of the Committee, which was favorable to the 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
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 Y Franklin Y Frazier E Fullerton

Y Hembree Y Henson
Hill, C E 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 Marin Y Martin Y Maxwell
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 Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

TUESDAY, APRIL 27, 2010

4873

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

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

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

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 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

On the passage of the Bill, the ayes were 157, nays 0.

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

Representatives Hill of the 21st 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.

Representative Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

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 Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

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

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JOURNAL OF THE HOUSE

Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton
Black Y Brooks Y Bruce Y Bryant
Buckner E Burkhalter Y Burns Y Butler
Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

E Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson
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 Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Millar Y Mills Y Mitchell Y Morgan Y Morris
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 Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Smith, B E 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 Y Yates
Ralston, Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.

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

Representatives Everson of the 106th 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 Hudson of the 124th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem announced the House in recess until 1:45 o'clock, this afternoon.

TUESDAY, APRIL 27, 2010

4875

AFTERNOON SESSION
The Speaker called the House to order.
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 1764 Do Pass HR 1945 Do Pass
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
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 1945. By Representatives Dooley of the 38th, Ralston of the 7th, Porter of the 143rd, Keen of the 179th, Smyre of the 132nd and others:
A RESOLUTION recognizing and commending Manager Bobby Cox on his amazing career in baseball and inviting him to be recognized by the House of Representatives; and for other purposes.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 323. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th:
A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating

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to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Crosby of the 13th, Murphy of the 27th, and Mullis of the 53rd.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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 following Resolution of the House was read and referred to the Committee on Rules:
HR 2159. By Representatives Stephens of the 164th and Dodson of the 75th:
A RESOLUTION commending Gail Morgart, outstanding Georgia citizen, and inviting her to be recognized by the House of Representatives; and for other purposes.

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The following Resolutions of the House were read and adopted:
HR 2158. By Representatives Porter of the 143rd, Ralston of the 7th, Oliver of the 83rd, Ashe of the 56th, Benfield of the 85th and others:
A RESOLUTION recognizing and commending Ms. Susan Saleska Hamilton for her years of work at the Georgia General Assembly on behalf of her many clients; and for other purposes.
HR 2160. By Representative Cox of the 102nd:
A RESOLUTION recognizing and commending the Honorable H.E. Paul Kagame; and for other purposes.
HR 2161. By Representatives Collins of the 27th, Austin of the 10th and Allison of the 8th:
A RESOLUTION recognizing and commending Shoal Creek Baptist Church on the occasion of its 175th anniversary; and for other purposes.
HR 2162. By Representative Scott of the 2nd:
A RESOLUTION commending Brittany New, Dade County High School's 2010 STAR Student; and for other purposes.
HR 2163. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION commending Mr. Ryan Bandy, Ridgeland High School's 2010 STAR Teacher; and for other purposes.
HR 2164. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Ms. Tara Tollett, LaFayette High School's 2010 STAR Teacher; and for other purposes.
HR 2165. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mr. Howard J. Burt; and for other purposes.

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HR 2166. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mr. William Herbert "Billy" Burnette, Jr.; and for other purposes.
HR 2167. By Representatives Baker of the 78th and Glanton of the 76th:
A RESOLUTION recognizing and commending Ms. Luvenia Wright Jackson on the occasion of her retirement; and for other purposes.
HR 2168. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending the members of the Citizens Bank of Swainsboro 2009-2010 Student Advisory Board; and for other purposes.
HR 2169. By Representative Smith of the 168th:
A RESOLUTION commending Mrs. Olivia Bennett on the occasion of her retirement; and for other purposes.
HR 2170. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Mrs. Kate Finch upon her election as president of the Georgia Retired Educators Association; and for other purposes.
HR 2171. By Representative Jackson of the 142nd:
A RESOLUTION honoring and celebrating the 80th birthday of Mrs. Sallie Mae Gross; and for other purposes.
HR 2172. By Representative Marin of the 96th:
A RESOLUTION commending Latinos in Information Science and Technology Association and recognizing April, 2010, as LISTA Hispanic Empowerment Month at the state capitol; and for other purposes.
HR 2173. By Representatives Dooley of the 38th, Allison of the 8th, Thompson of the 104th, Battles of the 15th, Dobbs of the 53rd and others:
A RESOLUTION recognizing and commending the Carl Vinson Institute of Government; and for other purposes.

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HR 2174. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A RESOLUTION recognizing and commending the 2010 inaugural class of Leadership Columbia County; and for other purposes.
HR 2175. By Representatives Ashe of the 56th and Kaiser of the 59th:
A RESOLUTION recognizing and commending Ms. Gloria Jean Royster; and for other purposes.
HR 2176. By Representative Reese of the 98th:
A RESOLUTION honoring the life and memory of Mr. J.T. Reese, Jr.; and for other purposes.
HR 2177. By Representatives Ralston of the 7th, Burkhalter of the 50th, Jones of the 46th, Lindsey of the 54th, May of the 111th and others:
A RESOLUTION recognizing and commending the Honorable Jerry Keen on the occasion of his retirement from the Georgia House of Representatives; and for other purposes.
HR 2178. By Representatives Ralston of the 7th, Jones of the 46th, Porter of the 143rd and Smyre of the 132nd:
A RESOLUTION recognizing and commending Ms. Reita Mendum on her outstanding public service; and for other purposes.
HR 2179. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A RESOLUTION recognizing and commending Dr. Bruce Merrill LeClair; and for other purposes.
HR 2180. By Representatives Davis of the 109th, Lunsford of the 110th, Baker of the 78th and Yates of the 73rd:
A RESOLUTION recognizing and commending Mr. Ray Hudalla on his outstanding public service; and for other purposes.
HR 2181. By Representatives Stephens of the 164th, Parrish of the 156th, Channell of the 116th and Harden of the 147th:

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A RESOLUTION recognizing and commending Gail Morgart, outstanding Georgia Citizen; and for other purposes.
HR 2182. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION commending Katie Sickler, Ridgeland High School's 2010 STAR Student; and for other purposes.
HR 2183. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION recognizing and commending Master Sergeant Charles Homer Owens; and for other purposes.
HR 2184. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Chris McHugh, LaFayette High School's 2010 STAR Student; and for other purposes.
HR 2185. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Devin Shields, Gordon Lee High School's 2010 STAR Student; and for other purposes.
HR 2186. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Mr. Kevin McElhaney, Gordon Lee High School's 2010 STAR Teacher; and for other purposes.
HR 2187. By Representative O`Neal of the 146th:
A RESOLUTION commending Henry Furtick; and for other purposes.
HR 2188. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Ms. Danielle V. Everson on her graduation from Valdosta State University; and for other purposes.
HR 2189. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Amity Lodge #731 of the Free and Accepted Masons in Watkinsville, Georgia; and for other purposes.

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HR 2190. By Representatives Dooley of the 38th, Wix of the 33rd, Johnson of the 37th, Morgan of the 39th, Manning of the 32nd and others:
A RESOLUTION recognizing and commending Reverend Dr. Kenneth E. Marcus on the occasion of his 30th pastoral anniversary; and for other purposes.
HR 2191. By Representative Byrd of the 20th:
A RESOLUTION commending Laura Mikszan, outstanding Georgia citizen, and recognizing Saturday, May 15, 2010, as "World Campus Day"; and for other purposes.
HR 2192. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, BeasleyTeague of the 65th, Abrams of the 84th, Morgan of the 39th and others:
A RESOLUTION honoring the life and memory of Ms. Dorothy Irene Height; and for other purposes.
HR 2193. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, BeasleyTeague of the 65th, Abrams of the 84th, Morgan of the 39th and others:
A RESOLUTION honoring the life and memory of Mr. Benjamin Lawson Hooks; and for other purposes.
HR 2194. By Representatives Beasley-Teague of the 65th, Smith of the 113th, Abrams of the 84th, Brooks of the 63rd and Greene of the 149th:
A RESOLUTION commending Mr. Fred Watson and recognizing April 27, 2010, as International Campaign for Victory Over Violence Day at the state capitol; and for other purposes.
HR 2195. By Representatives Lunsford of the 110th, Bearden of the 68th, Yates of the 73rd, Ralston of the 7th, Levitas of the 82nd and others:
A RESOLUTION honoring the life and memory of Officer James Franklin Carter, Jr.; and for other purposes.
HR 2196. By Representatives Davis of the 109th, Lunsford of the 110th, Baker of the 78th, Mayo of the 91st and Yates of the 73rd:
A RESOLUTION recognizing and commending Mr. Christopher Allen Kinney; and for other purposes.

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HR 2197. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Ms. Brittany Austin on the occasion of her graduation from Macon State College; and for other purposes.
HR 2198. By Representative Cheokas of the 134th:
A RESOLUTION recognizing and commending Mr. Erik R. Lindbergh; and for other purposes.
HR 2199. By Representative Cheokas of the 134th:
A RESOLUTION recognizing and commending the tenth anniversary of the Sino-American 1+2+1 Dual Degree Program; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and referred to the Committee on Rules:
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 Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
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.

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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 authorize counties and 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.
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 36-9-3, relating to disposition of county real property generally, the right of certain counties to make private sale, and the right of county to negotiate and consummate private sales of recreational set-asides, by adding a new subsection to read as follows:
"(i)(1) As used in this subsection, the terms 'conservation easement' and 'holder' shall have the meanings as set forth in Code Section 44-10-2. (2) Notwithstanding any provision of this Code section or of any other law, ordinance, or resolution to the contrary, whenever the governing authority of any county determines that the establishment of a conservation easement would be of benefit to the county and to its citizens by way of retaining or protecting natural, scenic, or open-space values of real property; assuring the availability of the property for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of the property, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way; provided, however, that a conservation easement shall not be created, granted, or otherwise conveyed for the purpose of preventing, frustrating, or interfering with the exercise of the power of eminent domain by any public utility or other entity authorized to exercise the power of eminent domain."
SECTION 2. Said title is further amended by revising Code Section 36-37-6, relating to the sale or disposition of municipal property, as follows:
"36-37-6. (a) Except as otherwise provided in subsections (b) through (i)(j) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given.

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Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (b) through (i)(j) of this Code section. (b) The governing authority of any municipal corporation is authorized to sell personal property belonging to the municipal corporation which has an estimated value of $500.00 or less and lots from any municipal cemetery, regardless of value, without regard to subsection (a) of this Code section. Such sales may be made in the open market without advertisement and without the acceptance of bids. The estimation of the value of any such personal property to be sold shall be in the sole and absolute discretion of the governing authorities of the municipal corporation or their designated agent. (c) Nothing in this Code section shall prevent a municipal corporation from trading or exchanging real property belonging to the municipal corporation for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corporation; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation. (d) The governing authority of any municipal corporation is authorized to sell real property in established municipal industrial parks or in municipally designated industrial development areas for industrial development purposes without regard to subsection (a) or (b) of this Code section.

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(e)(1) This Code section shall not apply to any municipal corporation which has a municipal charter provision setting forth procedures for the sale of municipal property and existing as of January 1, 1976, so long as such charter provision thereafter remains unchanged and as long as such charter provision contains the minimum notice requirements as set forth in subsection (a) of this Code section. (2) This Code section shall not apply to the disposal of property:
(A) Which is acquired by deed of gift, will, or donation and is subject to such conditions as may be specified in the instrument giving or donating the property; (B) Which is received from the United States government or from this state pursuant to a program which imposes conditions on the disposal of such property; (C) Which is disposed of pursuant to the powers granted in Chapter 61 of this title, the 'Urban Redevelopment Law,' or a homesteading program; (D) Which is sold or transferred to another governing authority or government agency for public purposes; or (E) Which is no longer needed for public road purposes and which is disposed of pursuant to Code Section 32-7-4. (f) Notwithstanding any provision of this Code section or of any other law or any ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell real property within its corporate limits for museum purposes to either a public authority or a nonprofit corporation which is classified as a public foundation (not a private foundation) under the United States Internal Revenue Code, for the purpose of building, erecting, and operating thereon a museum or facility for the development or practice of the arts. Such sale may be made in the open market or by direct negotiations without advertisement and without the acceptance of bids. The estimation of the value of any property to be sold shall be in the sole and absolute discretion of the governing authority of the municipality or its designated agent; provided, however, that nothing shall prevent a municipality from trading or swapping property with another property owner if such trade or swap is deemed to be in the best interest of the municipality. (g) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, the governing authority of any municipal corporation is authorized to sell and convey parcels of narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances, or as streets, whether owned in fee or used by easement, to abutting property owners where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner's property without first submitting the sale or conveyance to the process of an auction or the solicitation of sealed bids; provided, however, that each abutting property owner shall be notified of the availability of the property and shall have the opportunity to purchase said property under such terms and conditions as set out by ordinance. (h) Notwithstanding any provision of this Code section to the contrary or any other provision of law or ordinance to the contrary, whenever any municipal corporation determines that the establishment of a facility of the state or one of its authorities or

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other instrumentalities or of a bona fide nonprofit resource conservation and development council would be of benefit to the municipal corporation, by way of providing activities in an area in need of redevelopment, by continuing or enhancing local employment opportunities, or by other means or in other ways, such municipal corporation may sell or grant any of its real or personal property to the state or to any of its authorities or instrumentalities or to a bona fide nonprofit resource conservation and development council and, further, may sell or grant such lesser interests, rental agreements, licenses, easements, and other dispositions as it may determine necessary or convenient. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way.
(i)(1) As used in this subsection, the term 'lake' means an impoundment of water in which at least 1,000 acres of land were to be submerged. (2) Notwithstanding any provision of this Code section or any other law to the contrary, whenever any municipality 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 municipality 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, that municipality is authorized to dispose of such property or interest therein as provided in this subsection. (3) In disposing of property, as authorized under this subsection, the municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or 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 municipality where the property is located. (4) When an entire parcel acquired by the municipality or any interest therein is being disposed of, it may be acquired under the right created in paragraph (3) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the municipality decides the property is no longer needed. (5) If the right of acquisition is not exercised within 60 days after due notice, the municipality shall proceed to sell such property as provided in subsection (a) of this Code section. The municipality shall thereupon have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (j)(1) As used in this subsection, the term:
(A) 'Conservation easement' shall have the same meaning as set forth in Code Section 44-10-2. (B) 'Holder' shall have the same meaning as set forth in Code Section 44-10-2.

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(2) Notwithstanding any provision of this Code section or of any other law or ordinance to the contrary, whenever the governing authority of any municipal corporation determines that the establishment of a conservation easement would be of benefit to the municipal corporation and to its citizens, such governing authority may sell or grant to any holder a conservation easement over any of its real property, including but not limited to any of its real property set aside for use as a park. These powers shall be cumulative of other powers and shall not be deemed to limit their exercise in any way provided, however, that a conservation easement may not be created, granted, or otherwise conveyed for the purpose of preventing, frustrating, or interfering with the exercise of the power of eminent domain by any public utility or other entity authorized to exercise the power of eminent domain. (k)(1) Notwithstanding any provision of this Code section or any other law to the contrary, the General Assembly by local Act may authorize the governing authority of any municipal corporation to lease or enter into a contract for a valuable consideration for the operation and management, and renewals and extensions thereof, of any real or personal property comprising fairgrounds, ballfields, golf courses, swimming pools, or other like property used primarily for recreational purposes for a period not to exceed five years to a nonprofit corporation which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use and operate the property for annual regional fair purposes or to continue the recreational purpose for which the property was formerly used and intended on a nondiscriminatory basis for the use and benefit of all citizens of the community; provided, however, that nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or that would cause the divesting of title to property dedicated to public use and not subsequently abandoned; and provided further, that the lessee or contractee under a management contract shall not mortgage or pledge the property as security for any debt or incur any encumbrance that could result in a lien or claim of lien against the property. The lease or management contract may provide for options to renew such lease or management contract for not more than three renewal periods and each such renewal period shall not be greater than the original length of such lease or management contract. As a condition of any lease or management contract, the lessee or contractee shall provide and maintain in force and effect throughout the term of such lease or management contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission of such person while on the property; and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by such person. As an additional condition of any such lease or management contract, the lessee or contractee shall provide to and maintain with the municipality a current copy of the liability insurance policy, including any changes in such policy or coverages as such changes occur, and shall provide proof monthly in

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writing to the municipality that the lessee or contractee has in force and effect the liability insurance required by this paragraph which the municipality shall retain on file. As a further condition of any lease or management contract, the lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvements to such property. When the lessee or contractee charges any person to enter or go upon the land for the purpose of attending the annual regional fair or for attending or participating in recreational purposes, the consideration received by the municipal corporation for the lease or management contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (2) Any governing authority entering into a lease as provided in paragraph (1) of this subsection shall have the right unilaterally to terminate such lease after giving three months' notice of its intention to do so. (3) Any lease entered into as provided in paragraph (1) of this subsection shall be automatically terminated upon conviction of the lessee or contractee for any offense involving the conduct of unlawful activity. In such event, any improvements to the property made by the lessee shall be forfeited. The municipality shall not be liable in any manner or subject to suit for any indebtedness or other obligations of the lessee or contractee associated with any such improvements to the property and shall take such improvements free and clear of any such indebtedness or other obligations. (l)(1) In addition to any other authorization or power, the governing authority of any municipal corporation may lease or enter into a contract for valuable consideration for the use, operation, or management of any real or personal property of the municipal corporation; provided, however, that:
(A) Any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days shall be by sealed bids or by auction as provided in subsection (a) of this Code section; (B) Nothing in this subsection shall have the effect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or shall cause the divesting of title to property dedicated to public use and not subsequently abandoned; and (C) The lessee or contractee shall not mortgage or pledge the property, lease or contract the property as security for any debt, or incur any encumbrance that could result in a lien or claim of lien against the property, lease, or contract. (2) As a condition of any lease or contract for the use, operation, or management of any real or personal property for longer than 30 days: (A) The lessee or contractee shall provide and maintain in force in effect throughout the term of such lease or contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured; (B) The lessee or contractee shall assume sole responsibility for or incur liability for any injury to person or property caused by any act or omission

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of any person while on the property and shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand made by any person; and (C) The lessee or contractee shall agree to indemnify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvement to such property. (3) The initial term of a lease or contract for the use of real property shall be no longer than five years and there may be one renewal period of no longer than five years, after which the lease or contract shall again be subject to sealed bids or auction. When the lessee or contractee charges any person to enter or go upon the real property for recreational purposes, the consideration received by the municipal corporation for the lease or contract shall not be deemed a charge within the meaning of Article 2 of Chapter 3 of Title 51. (4) This subsection shall apply to any lease or contract entered into or renewed on or after July 1, 2010. This subsection shall not effect any provisions of subsection (k) of this Code section."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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 Y Bell Y 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 Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson

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

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

Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C Sinkfield Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R

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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 E Collins, T Y Cooper Y Cox

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

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 Lucas Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning

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
Rynders Y Scott, A

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 150, nays 1.

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

Representatives Geisinger of the 48th, 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.

HR 1948. By Representatives Williams of the 178th, Lane of the 158th, Lane of the 167th, Hatfield of the 177th, Buckner of the 130th and others:

A RESOLUTION urging the South Atlantic Fishery Management Council not to prohibit bottom fishing in large areas of the Atlantic Ocean off the coast of Georgia as a measure to end overfishing of red snapper in the South Atlantic Region; and for other purposes.

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

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis Y Dawkins-Haigler Y Day
Dempsey Y Dickson

Y Hembree Henson
Y Hill, C E Hill, C.A
Holt Y Horne

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B

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

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

Y Houston Y Howard Y Hudson E 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
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

Y McKillip Y Meadows E 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 Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Sims, C Sinkfield Smith, B E 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 N 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 146, nays 2.

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

Representative Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 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.

TUESDAY, APRIL 27, 2010

4893

The following amendment was read:
Representative Hill of the 21st moves to amend SB 411 by striking lines 1 and 2 and inserting in lieu thereof the following:
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 amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide
By striking line 8 and inserting in lieu thereof the following:
Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning health, is amended by adding a new Code section to read as follows:
"31-1-11. (a) As used in this Code section, the term:
(1) 'Compel' includes penalties or fines. (2) 'Direct payment' or 'pay directly' means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service. (3) 'Health care system' means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment for, in full or in part, health care services or health care data or health care information for its participants. (4) 'Lawful health care services' means any health related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services. (5) 'Penalties or fines' means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or any named fee with a similar effect established by law or rule by a government established, created, or controlled agency that is used to punish or discourage the exercise of rights protected under this Code section. (b) To preserve the freedom of citizens of this state to provide for their health care: (1) No law or rule or regulation shall compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system; and (2) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care

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JOURNAL OF THE HOUSE

services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services. (c) Subject to reasonable and necessary rules and regulations that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or by rule or regulation. (d) This Code section shall not: (1) Affect which health care services a health care provider or hospital is required to perform or provide; (2) Affect which health care services are permitted by law; (3) Prohibit care provided pursuant to any statutes enacted by the General Assembly relating to workers' compensation; (4) Prohibit the imposition by the General Assembly of conditions and limitations on the use or applicability of exemptions and deductions with regard to income taxation; (5) Affect laws or rules in effect as of January 1, 2009; or (6) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services."

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

Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N 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 Y Casas Y Chambers

Y Crawford Y Davis N Dawkins-Haigler N 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 Y Everson N Floyd N Fludd Y Franklin
Frazier E Fullerton N Gardner Y Geisinger Y Glanton
Golick N Gordon

Y Hembree N Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson E 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
Knight Y Knox Y Lane, B Y Lane, R Y Levitas

N Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows E Millar E 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
Powell, A Y Powell, J Y Pruett Y Purcell

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B
Sims, C Sinkfield Smith, B E 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 Weldon

TUESDAY, APRIL 27, 2010

4895

Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T
Cooper Y Cox

Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard N Heckstall

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

Y Ramsey Randall
N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 amendment, the ayes were 95, nays 57.

The amendment was adopted.

Representative Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Porter of the 143rd moved that the House reconsider its action in adopting the Hill amendment.

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 Y Beasley-Teague Y Bell Y Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd
Carter N Casas N Chambers N Channell Y Cheokas

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
Fludd N Franklin
Frazier E Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Greene N Hamilton

N Hembree Y Henson N Hill, C E Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson E Hugley Y Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J
Jones, S Y Jordan Y Kaiser N Keen N Keown N Kidd
Knight N Knox N Lane, B N Lane, R Y Levitas N Lindsey Y Long

Y Marin N Martin N Maxwell
May Y Mayo N McCall Y McKillip N Meadows E Millar E 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 N Powell, A N Powell, J N Pruett N Purcell N Ramsey Y Randall

N Scott, M N Sellier E Setzler
Shaw N Sheldon N Sims, B
Sims, C Sinkfield Smith, B E 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 Weldon N Wilkinson N Willard

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JOURNAL OF THE HOUSE

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

Y Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham N Manning

Y Reece N Reese N Rice N Roberts Y Rogers N Rynders N Scott, A

Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Ralston, Speaker

On the motion, the ayes were 59, nays 94.

The motion was lost.

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

Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dodson Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd
Fludd N Franklin
Frazier E Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon 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 E Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson E 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
Knight Y Knox Y Lane, B Y Lane, R Y Levitas
Lindsey N Long
Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning

N Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows Y Millar E 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 Y Scott, A

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B
Sims, C Sinkfield Smith, B E 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 Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Ralston, Speaker

TUESDAY, APRIL 27, 2010

4897

On the passage of the Bill, as amended, the ayes were 102, nays 53.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Frazier of the 123rd, Loudermilk of the 14th and May of the 111th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Due to a mechanical malfunction, the vote of Representative Lindsey of the 54th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
House of Representatives Atlanta, Georgia 30334
This version of SB 411 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 411.
/s/ Bobby Franklin Representative, District 43
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

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
Benfield Y Benton Y Black
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
Coleman Y Collins, D E Collins, T
Cooper Y Cox

Y Crawford Y Davis
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 Y Everson Y Floyd
Fludd N Franklin
Frazier E Fullerton
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 E Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson E 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 N Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford N Maddox, B Y Maddox, G N Mangham Y Manning

Y Marin Y Martin
Maxwell May N Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy 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 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
Sims, C Sinkfield Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Stephenson Stout Y Talton Taylor N Teilhet Y Thomas N Thompson VACANT Y Walker 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, the ayes were 132, nays 15.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, 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.

Representative Franklin of the 43rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

TUESDAY, APRIL 27, 2010

4899

Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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.
The following amendment was read:

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JOURNAL OF THE HOUSE

Representative Willard of the 49th moves to amend SB 491 (LC 29 4245) by inserting after "cases;" on line 4 the following:
to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment;
By inserting between lines 40 and 41 the following:
Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, is amended in Code Section 9-11-4, relating to service of process, by revising subsection (c) as follows:
"(c) Summons -- By whom served. Process shall be served by the: (1) The sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy, or by the; (2) The marshal or sheriff of the court, or by such official's deputy, or by any; (3) Any citizen of the United States specially appointed by the court for that purpose, or by someone; (4) A person who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought; or (5) A certified process server under Code Section 9-11-4.1, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county.
Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
SECTION 3. Said article is further amended in subsection (f) of said Code section by adding a new paragraph to read as follows:
"(4) Service upon persons residing in gated and secured communities.

TUESDAY, APRIL 27, 2010

4901

(A) As used in this paragraph, the term 'gated and secured communities' means multiple residential or commercial properties, such as houses, condominiums, offices, or apartments, where access to the multiple residential or commercial properties is restricted by a gate, security device, or security attendant that restricts public entrance onto the property; provided, however, that a single residence, farm, or commercial property with its own fence or gate shall not be included in this definition. (B) Any person authorized to serve process shall be granted access to gated and secured communities for a reasonable period of time during reasonable hours for the purpose of performing lawful service of process upon:
(i) Identifying to the guard or managing agent the person, persons, entity, or entities to be served; (ii) Displaying a current driver's license or other government issued identification which contains a photograph; and (iii) Displaying evidence of current appointment as a process server pursuant to this Code section. (C) Any person authorized to serve process shall promptly leave gated and secured communities upon perfecting service of process or upon a determination that process cannot be effected at that time."
SECTION 4. Said article is further amended in said Code section by revising subsection (h) as follows:
"(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed within five business days, the time for the party served to answer the process shall not begin to run until such proof of service is filed. Proof of service shall be as follows:
(1) If served by a sheriff or marshal, or such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy; (2) If by any other proper person, such person's affidavit; (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or (4) The written admission or acknowledgment of service by the defendant. In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service."
SECTION 5. Said article is further amended by adding a new Code section to read as follows:

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JOURNAL OF THE HOUSE

"9-11-4.1. (a) Certified process servers. A person at least 18 years of age who files with a sheriff of any county of this state an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section shall, absent good cause shown, be certified as a process server. Such certification shall be effective for a period of three years or until such approval is withdrawn by a superior court judge upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county. (b) Certification procedures.
(1) Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she:
(A) Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23; (B) Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs' Association; (C) Passed a test approved by the Administrative Office of the Courts which will measure the applicant's knowledge of state law regarding serving of process and other papers on various entities and persons; (D) Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and (E) Is a citizen of the United States. (2) A sheriff of any county of this state shall review the application, test score, criminal record check, and such other information or documentation as required by that sheriff and determine whether the applicant shall be approved for certification and authorized to act as a process server in this state. (3) Upon approval the applicant shall complete a written oath as follows: 'I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest.' (c) Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall

TUESDAY, APRIL 27, 2010

4903

provide evidence that he or she has completed three annual five-hour courses of continuing education which courses have been approved by the Administrative Office of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked or suspended by a superior court judge for cause at any time. If a complaint has been filed by a sheriff alleging serious misconduct by the process server, such judge may suspend the certification for up to five business days while the matter is considered by the judge. (d) Fees. The sheriff shall collect a fee of $80.00 for processing the application required by this Code section. (e) Registry. The sheriff shall forward $30.00 of each fee received to the Georgia Sheriffs' Association. The Georgia Sheriffs' Association shall maintain a registry of certified process servers. (f) Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section. (g) Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23.
(h) Notice to sheriff. (1) Prior to the first time that a certified process server serves process in any county he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Georgia Sheriffs' Association, of his or her intent to serve process in that county. Such notice shall only be accepted by a sheriff who allows certified process servers to serve process in his or her county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period. (2) The provisions of this subsection shall not apply to a certified process server who was appointed by the court to serve process or who was appointed as a permanent process server by a court. (i) Credentials. A sheriff of any county of this state shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process. (j) False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor. (k) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect."

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JOURNAL OF THE HOUSE

SECTION 6.

On the adoption of the amendment, 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 N Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black Y Brooks N Bruce Y Bryant Y Buckner
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 E Collins, T Y Cooper Y Cox

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

Y Hembree N Henson Y Hill, C E Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson E Hugley
Jackson Y Jacobs E James
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 N Long
Loudermilk N 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 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 N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers
Rynders Y Scott, A

Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Stephens, M Y Stephens, R Stephenson N Stout 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

On the adoption of the amendment, the ayes were 129, nays 20.

The amendment was adopted.

Representatives Dawkins-Haigler of the 93rd, 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 "nay" thereon.

TUESDAY, APRIL 27, 2010

4905

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 Y Bruce Y Bryant Y Buckner
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 E Collins, T Y Cooper Y Cox

Y Crawford 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
Frazier E Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E 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
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
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
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 Y Rice Y Roberts
Rogers Y Rynders Y Scott, A

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C
Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R
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

On the passage of the Bill, as amended, the ayes were 149, nays 2.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, Sinkfield of the 60th and Stephenson of the 92nd stated that they had been called from the floor of the

4906

JOURNAL OF THE HOUSE

House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 491 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 491.

/s/ Bobby Franklin Representative, District 43

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.

The report of the Committee, which was favorable to the 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 Crawford Y Davis
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 Hembree Y Henson
Hill, C E Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan

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 Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C
Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R
Stephenson

TUESDAY, APRIL 27, 2010

4907

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 E Collins, T Y Cooper Y Cox

Y Fludd Y Franklin
Frazier E 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 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 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 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 157, nays 0.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, 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.

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.

The report of the Committee, which was favorable to the 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 Crawford Y Davis
Dawkins-Haigler

Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Maxwell

Y Scott, M Y Sellier E Setzler

4908

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 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 E Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson
Dollar Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Frazier E 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

E Hill, C.A Holt
Y Horne Y Houston Y Howard Y Hudson E Hugley
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
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece N Reese Y Rice Y Roberts
Rogers Y Rynders Y Scott, A

Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 Y Wix Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 152, nays 2.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, Holt of the 112th and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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

TUESDAY, APRIL 27, 2010

4909

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.

The following Committee substitute was read and adopted:

A BILL

To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, so as to provide for amended liens; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of mechanics and materialmen, is amended by revising Code Section 4414-361.1, relating to how materialmen's liens are declared, created, and recorded, by adding a new subsection to read as follows:
"(a.1) A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien. An amended claim of lien filed for record pursuant to this subsection shall be in substance as follows:
'That certain claim of lien filed by A.B. against property of C.D. on (date) and recorded at book (book#), page (page#) in the lien index of (name of county) County is hereby amended by reducing the amount of such claim of lien to (specify reduced amount claimed). The remaining terms of such original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that such original claim of lien was filed for record.' and shall be sent to the owner of the property in the same manner as required for a claim of lien in paragraph (2) of subsection (a) 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:

Abdul-Salaam N Abrams Y Allison

Y Crawford Y Davis
Dawkins-Haigler

Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Maxwell

Y Scott, M Y Sellier E Setzler

4910

JOURNAL OF THE HOUSE

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

Y Day Y Dempsey Y Dickson Y 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 Y Franklin
Frazier E 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

E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E 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 N Mangham Y Manning

May Y Mayo Y McCall N 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 Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield
Smith, B E 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 N 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 155, nays 5.

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

Representatives Dawkins-Haigler of the 93rd, Long of the 61st and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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

TUESDAY, APRIL 27, 2010

4911

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.

The report of the Committee, which was favorable to the 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
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 Y Coan Y Cole Y Coleman
Collins, D E Collins, T Y Cooper Y Cox

Y Crawford Y Davis
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 Y Franklin
Frazier E 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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E 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 Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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

Y Scott, M Sellier
E Setzler Shaw
Y Sheldon Y Sims, B
Sims, C Y Sinkfield
Smith, B E 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
Wilkinson Y Willard
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 0.

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

4912

JOURNAL OF THE HOUSE

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, Long of the 61st, Maxwell of the 17th 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 Fullerton of the 151st was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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 N Bearden Y Beasley-Teague
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 Y 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 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
Gordon Y Greene Y Hamilton Y Hanner

Y Hembree Y Henson
Hill, C E Hill, C.A Y Holt
Horne Y Houston Y Howard
Hudson E 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 Marin 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 Y Pruett Y Purcell Y Ramsey
Randall Y Reece

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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
Williams, A

TUESDAY, APRIL 27, 2010

4913

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

Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y 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 148, nays 3.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, Hill of the 21st, Hudson of the 124th, Long of the 61st and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

The report of the Committee, which was favorable to the 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 Crawford 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 Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson
Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser

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 Scott, M Y Sellier E Setzler
Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

4914

JOURNAL OF THE HOUSE

Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper
Cox

Y Franklin 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

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 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 Talton Y Taylor Y Teilhet Y Thomas Y Thompson
VACANT Y Walker Y Weldon Y Wilkinson N Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Yates Ralston, Speaker

On the passage of the Bill, the ayes were 150, nays 2.

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

Representatives Dawkins-Haigler of the 93rd, Frazier of the 123rd, Hudson of the 124th, Long of the 61st and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 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.

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

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

TUESDAY, APRIL 27, 2010

4915

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
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 E Collins, T Y Cooper Y Cox

Y Crawford Y Davis Y Dawkins-Haigler
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 Y Floyd Y Fludd N Franklin
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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E 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 Y Manning

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal
Nix Y Oliver
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 Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 157, nays 1.

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

Due to a mechanical malfunction, the vote of Representative Dooley of the 38th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Frazier of the 123rd 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.

4916

JOURNAL OF THE HOUSE

SB 99. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representatives Knight of the 126th and Cole of the 125th move to amend SB 99 (LC 25 5573S(SCS)) by inserting after "To" on line 1 the following:
amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections;
By inserting between lines 7 and 8 the following:
Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, is amended by revising Code Section 12-334, relating to permits for construction, maintenance, and use of boat docks on High Falls Lake, as follows:
"12-3-34. (a) The Department of Natural Resources is authorized to issue revocable permits for the construction, maintenance, and use of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. Such permits shall constitute limited revocable licenses. Such permits shall be issued for periods of three years from the date of issuance and shall be transferable; provided, however, that in order to stagger the renewal periods, the department is authorized to issue permits of one- or two-year duration with the fee prorated appropriately. The fee for such permit for each three-year period shall be fixed by rule or regulation of the Board of Natural Resources in a reasonable amount not to exceed $50.00 $75.00 for boat docks and $75.00 for boat shelters. The fees collected for such permits shall be miscellaneous funds for purposes of use by the Department of Natural Resources pursuant to Code Section 12-3-2. (b) No person shall construct or maintain a boat dock or boat shelter below the highwater mark of High Falls Lake without a valid permit from the Department of Natural Resources. It shall be the duty of the owner of any boat dock or boat shelter on High Falls Lake to keep such dock or shelter in good repair. All such boat docks and boat shelters shall conform to standards for construction, design, maintenance, and repair specified in rules and regulations of the department and restrictions or conditions in the

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permit. It shall be the duty of the owner of such boat dock or boat shelter to remove any such dock or shelter which is not in compliance with such rules and regulations or permit. (c) It shall be the duty of the owner of any boat dock or boat shelter or the holder of any permit issued under this Code section to notify the department when he or she sells or otherwise transfers the property for which the boat dock or boat shelter is permitted. (d) The department and any official or employee thereof is authorized to inspect any boat dock or boat shelter on High Falls Lake and to remove or cause to be removed any such dock or shelter for which a permit is not in effect or which violates the standards for construction, design, maintenance, and repair or the permit conditions imposed by the department. (e) This Code section shall not affect the validity of any permit in effect on March 1, 1993, and the owners of docks for which such permits are in effect on March 1, 1993, may maintain such docks and enjoy the use thereof for the remainder of the period for which such permits were issued, subject to the terms and conditions thereof. (f)(e) The Board of Natural Resources is authorized to adopt rules and regulations necessary or convenient to carry out this Code section and is authorized to impose reasonable terms and conditions on the granting of permits and the construction of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. (g)(f) Any permit may be revoked by the department for any violation of this Code section, any rule or regulation of the Board of Natural Resources, or any condition contained in such permit."
SECTION 2.

By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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

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

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
Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

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

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

Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E Smith, E Y Smith, K
Smith, L Y Smith, R

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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
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton 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 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

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 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
Yates Ralston, Speaker

On the passage of the Bill, as amended, the ayes were 159, nays 2.

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

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.

House of Representatives Atlanta, Georgia 30334

This version of SB 99 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 99.

/s/ Bobby Franklin Representative, District 43

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:

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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.
The following Committee substitute was read and adopted:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-6-186 of the Official Code of Georgia Annotated, relating to racing on highways or streets, is amended by adding a new subsection as follows:
"(c) The provisions of subsection (b) of this Code section shall not apply to a race held on a county or municipal road when the race is sanctioned by the county or municipality and the road is closed to other traffic during the race; provided, however, that notification of any such race shall be published in the official county organ at least one month prior to the date of such race and; provided, further, that certified medical personnel shall be on the location at all times. (c)(d) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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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 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 E Collins, T Y Cooper Y Cox

Y Crawford Y Davis Y Dawkins-Haigler Y 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 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 Y Hatfield Y Heard Y Heckstall

Y Hembree Y Henson Y Hill, C E Hill, C.A N Holt Y Horne N Houston Y Howard
Hudson E 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
Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin N 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
Nix Y Oliver Y O'Neal Y Parrish N Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts N Rogers Y Rynders Y Scott, A

Y Scott, M Y Sellier E Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 N 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 149, nays 11.

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.

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

Mr. Speaker:

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The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 400. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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.
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:

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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.
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 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.
The following Committee substitute was read:
A BILL
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 amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, 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 remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules

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compilation; 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 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 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 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, is amended by revising subsection (e) as follows:
"(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection authorized in Code Section 50-18-2, such Acts and resolutions shall be published in hardbound volumes suitable for retention as permanent records as well as in softbound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such softbound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution."
SECTION 2. 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, is amended by revising Code Section 45-13-22, relating to the distribution of Georgia Laws and journals of the House of Representatives and the Senate, as follows:
"45-13-22. (a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers distribution requirements of soft-bound electronic version and hard-bound volumes of Georgia Laws needed for distribution. Hard-bound and softbound volumes shall be distributed as provided in this Code section. The Secretary of

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State shall make distribution of the electronic version and bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section. (b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. 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 to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his or her successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes and soft-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same. The prices at which such volumes are to be sold shall be determined by the Legislative Counsel for the Georgia Laws, by the Secretary of the Senate for the Senate Journals, and by the Clerk of the House of Representatives for the House Journals Secretary of State. In determining such prices such officers the Secretary of State shall take into account the approximate cost to the state of producing such volumes and the usual and customary cost of comparable publications. Receipts from such sales shall be deposited by the Secretary of State into the general fund of the state treasury. (c) Each of the officers, offices, and other entities listed in this subsection shall be authorized to order up to the indicated numbers of sets of the Georgia Laws from each legislative session. Unless otherwise specified by the ordering party, each set ordered shall include both the soft-bound and hard-bound volumes, but the ordering party may specify that an order shall omit either. The numbers of sets authorized for each such officer, office, and entity shall be as follows:
(1) Law Department -- 33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) Each foreign government authority and each state participating in an exchange and depository program -- one set; (4) Library of Congress -- two sets one set; (5) Georgia Institute of Technology -- one set; (6)(4) University of Georgia -- 52 two sets; (7)(5) Supreme Court of Georgia -- 12 sets, which number may be increased by written order of the Chief Justice; (8)(6) Court of Appeals of Georgia -- 13 sets, which number may be increased by written order of the Chief Judge;

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(9)(7) Administrative Office of the Courts -- one set; (10)(8) Each superior court judge -- one set; (11) Each clerk of superior court -- one set; (12) District Attorney of the Atlanta Judicial Circuit -- two sets; (13)(9) Each other district attorney -- one set; (14)(10) Each judge of probate court -- three two sets, of which one set may be retained for the judge's own use, and one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15)(11) Each state court -- one set; (16)(12) Each magistrate court -- one set; (17)(13) United States Supreme Court -- one set; (18)(14) United States Court of Appeals for the Eleventh Circuit -- one set; (19)(15) United States District Courts for the State of Georgia -- six sets; (20)(16) Clerk of the House of Representatives -- five sets; (21)(17) Each member of the General Assembly -- one set; (22)(18) House Judiciary Committee -- one set; (23)(19) House Majority Leader -- one set; (24)(20) House Minority Leader -- one set; (25)(21) House Budget Office and Senate Budget Office -- one set each; (26)(22) Legislative counsel -- 15 sets, which number may be increased by written order of the legislative counsel; (27)(23) Legislative fiscal officer -- one set; (28)(24) President of the Senate -- one set; (29)(25) President pro tempore of the Senate -- one set; (30)(26) Secretary of the Senate -- three sets; (31)(27) Speaker of the House -- one set; and (32)(28) Senate Judiciary Committee -- one set. (d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session; provided, however, that such officers, offices, and entities shall pay the Secretary of State the cost of acquisition of such volumes: (1) Law Department -- four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) State Archives -- one set; (4) Georgia Historical Society -- two sets; (5) Each foreign government and each state participating in an exchange and depository program -- one set; (6) Library of Congress -- two sets; (7) Augusta College -- one set; (8) Georgia Institute of Technology -- one set; (9) Georgia State University -- one set;

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(10) University of Georgia -- seven sets; (11) Department of Administrative Services -- one set; (12) Department of Human Services -- one set; (13) Supreme Court of Georgia -- as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia -- as requested in writing by the Chief Judge; (15) Each judge of probate court -- one set; (16) Legislative counsel -- five sets; (17) Legislative fiscal officer -- nine sets; (18) Each member of the House of Representatives -- one set; (19) Speaker of the House -- one set; (20) Clerk of the House of Representatives -- three sets; (21) House Judiciary Committee -- one set; (22) House Majority Leader -- one set; (23) House Minority Leader -- one set; (24) Each member of the Senate -- one set; (25) President of the Senate -- one set; (26) President pro tempore of the Senate -- one set; (27) Secretary of the Senate -- three sets; and (28) Senate Judiciary Committee -- one set. (e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he or she deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsections subsection (c) and (d) of this Code section. (f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsections subsection (c) and (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order for two years. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection. (g) The Secretary of State shall reserve 30 five copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he or she shall hold in reserve 15 copies one copy of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State.

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(h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall may distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government."
SECTION 3. Said article is further amended by revising Code Section 45-13-24, relating to the duty to mail Acts requiring referenda to local officials, as follows:
"45-13-24. (a) Within one calendar week after any local Act or general Act of local application which requires a local referendum or a special election is approved by the Governor or becomes law without his such approval, it shall be the duty of the Secretary of State to mail provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application. (b) Within 60 calendar days after any local Act or general Act of local application which requires a local referendum is approved by the Governor or becomes law without such approval, it shall be the duty of the Secretary of State to provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application."
SECTION 4. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding a new Code section as follows:
"50-18-2. (a) As used in this Code section, the term:
(1) 'State agency' means any department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality of the executive or legislative branch of state government. (2) 'State officer' means any officer of the executive or legislative branch of state government. (b) When any other provision of state law authorizes or directs any state officer or state agency to publish or provide for publication of any matter, such publication shall be made in electronic format unless the state officer or state agency determines that a printed format is necessary to achieve the purpose of publication, except that: (1) When another provision of state law specifically provides for publication in one or more newspapers, publication shall be in the newspaper or newspapers as provided by such other provision of law; and

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(2) When any other provision of state law makes specific reference to this Code section and requires publication in a specific manner notwithstanding the provisions of this Code section, such other provision of law shall control over this Code section. (c) Nothing in this Code section shall limit the applicability of Article 4 of this chapter, relating to inspection of public records, when said article by its terms is otherwise applicable."
SECTION 5. Said chapter is further amended by revising Code Section 50-18-20, relating to definitions pertaining to court reports, as follows:
"50-18-20. As used in this article, the term:
(1) 'Publisher' means the state publisher of court reports who has been awarded the contract as defined in this article. (2) 'Reporter' means the reporter of the Supreme Court and Court of Appeals whose duties are set forth in Chapter 4 of Title 15. (3) 'Reports' means the official reports of the decisions of the Supreme Court or of the Court of Appeals, together with the usual title pages, indexes, etc., as well as the advance reports of the decisions of each court and a volume. (4) 'Rules compilation' means a compilation of rules applicable in the courts of this state. The rules volume compilation shall include the Rules of the Supreme Court, the Rules of the Court of Appeals, the Unified Appeal, the Uniform Transfer Rules, the Uniform Rules for the various classes of courts, the Rules of the Judicial Qualifications Commission, the Code of Judicial Conduct, the Bar Admissions Rules, the Rules for Sentence Review Panel, the Rules and Regulations for the Organization and Government of the State Bar of Georgia, and any other rules or amendments as promulgated by the Supreme Court or the Court of Appeals, together with all applicable forms, title pages, indexes, etc. The rules volume shall consist of a post binder which will be updated periodically."
SECTION 6. Said chapter is further amended by revising Code Section 50-18-26, relating to the content and appearance of reports and number of volumes per year, as follows:
"50-18-26. (a) The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and to the Court of Appeals of Georgia, an index of all cases reported, the rules and forms described in paragraph (3) of Code Section 50-18-20, and an index of all cases reported and all rules reported. No report shall contain any argument or brief of counsel beyond a statement of the major points and authorities. (b) The reporter has the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from

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either court in any one year or may consolidate decisions of either court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals."
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 50-18-27, relating to the responsibilities of the reporter, as follows:
"(a) The reporter shall furnish to the publisher the manuscript of the decisions, rules, and forms, read the proof and correct the same, and furnish for each volume an index of the cases reported."
SECTION 8. Said chapter is further amended by revising Code Section 50-18-31, relating to the procedure 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 .......................................................................................... one 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

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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:
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

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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. 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 9. Said chapter is further amended by adding a new Code section to read as follows:
"50-18-37. The reporter shall publish a rules compilation in electronic format that is made accessible to the public through the Internet or other suitable electronic methods and shall update the rules compilation as necessary."
SECTION 10. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by adding after the word "publish" the words "in print or electronically" wherever such word occurs in:

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(1) Subsection (c) of Code Section 2-1-4, relating to anti-siphon devices for irrigation systems; (2) Code Section 2-5-8, relating to issuance of registrations, licenses, or permits by the Department of Agriculture; (3) Code Section 2-9-42.1, relating to publication of names and locations of licensed grain dealers; (4) Paragraph (4) of Code Section 2-10-53, relating to powers and duties of the Commissioner of Agriculture relative to farmers' markets; (5) Paragraph (5) of Code Section 2-11-25, relating to powers and duties of the Commissioner of Agriculture relative to the 'Georgia Seed Law'; (6) Subsection (a) of Code Section 2-15-12, relating to rules under the 'Georgia Pacific White Shrimp Aquaculture Development Act of 2004'; (7) Subsection (a) of Code Section 3-2-2, relating to promulgation of rules regarding alcoholic beverages; (8) Code Section 4-4-60, relating to publication of an annual statement regarding extermination of the cattle fever tick, screwworm, and other parasites; (9) Code Section 7-1-74, relating to publication of the annual report of the Department of Banking and Finance; (10) Paragraph (2) of Code Section 8-2-161, relating to rules governing the installation of certain manufactured homes and mobile homes; (11) Paragraph (2) of subsection (d) of Code Section 8-3-206, relating to publication of reports regarding the fair housing law; (12) Code Section 10-1-187, relating to rules regarding brake fluid; (13) Code Section 10-1-206, relating to publication of information regarding antifreeze; (14) Code Section 10-4-31, relating to publication of information regarding warehouses; (15) Subsection (b) of Code Section 10-5-25, relating to denial of registration of securities offerings; (16) Paragraph (3) of subsection (a) of Code Section 10-5-71, relating to powers of the Secretary of State as Commissioner of Securities; (17) Paragraph (3) of subsection (a) of Code Section 10-5A-20, relating to investigations regarding commodity contracts and options; (18) Code Section 10-10-7, relating to publication of the annual report regarding the state Seed-Capital Fund; (19) Subsection (a) of Code Section 11-9-526, relating to rules regarding secured transactions filings; (20) Paragraph (3) of Code Section 12-3-93, relating to duties of the Department of Natural Resources under the 'Georgia Natural Areas Act'; (21) Paragraph (5) of subsection (a) of Code Section 12-4-1, relating to powers and duties of the Environmental Protection Division as to mineral and geological resources; (22) Paragraph (7) of subsection (a) of Code Section 12-4-73, relating to powers and duties of the Environmental Protection Division as to surface mining; (23) Code Section 12-5-1, relating to publication of findings of the Water Resources Center of the Georgia Institute of Technology;

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(24) Paragraph (2) of Code Section 12-5-211, relating to powers and duties of the Department of Natural Resources with respect to development and utilization of coastal and offshore resources; (25) Subsection (d) of Code Section 12-5-582, relating to model ordinances for the Metropolitan North Georgia Water Planning District; (26) Subsection (d) of Code Section 12-5-583, relating to plans for the Metropolitan North Georgia Water Planning District; (27) Subsection (c) of Code Section 12-5-584, relating to additional plans for the Metropolitan North Georgia Water Planning District; (28) Paragraph (6) of subsection (a) of Code Section 12-6-5, relating to powers and duties of the State Forestry Commission; (29) Paragraph (10) of subsection (a) of Code Section 12-8-97, relating to the hazardous site inventory under the 'Georgia Hazardous Site Response Act'; (30) Paragraph (9) of Code Section 15-5-24, relating to powers and duties of the Administrative Office of the Courts; (31) Subsection (a) of Code Section 15-11-19, relating to the Council of Juvenile Court Judges; (32) Paragraph (2) of subsection (b) of Code Section 17-12-6, relating to assistance by the Georgia Public Defender Standards Council to public defenders; (33) Paragraph (6) of subsection (a) of Code Section 19-6-53, relating to powers and duties of the Georgia Child Support Commission; (34) Subsection (d) of Code Section 20-1A-10, relating to regulation and functioning of early care and education programs; (35) Paragraph (1) of subsection (e) of Code Section 20-2-161, relating to the Quality Basic Education Formula for funding of public schools; (36) Subsections (d) and (e) of Code Section 20-2-881, relating to the health insurance plan for public school teachers; (37) Subsections (d) and (e) of Code Section 20-2-911, relating to the health insurance plan for public school employees; (38) Code Section 20-3-241, relating to operations reports by the Georgia Student Finance Commission; (39) Code Section 20-3-294, relating to operations reports by the Georgia Higher Education Assistance Corporation; (40) Code Section 20-3-328, relating to operations reports by the Georgia Student Finance Authority; (41) Paragraph (1) of subsection (c) of Code Section 20-3-423, relating to the selection committee for North Georgia College scholarships; (42) Paragraphs (3) and (4) of Code Section 21-2-31, relating to duties of the State Election Board; (43) Paragraphs (2), (6), (13), (19), and (20) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission; (44) Subsection (h) of Code Section 21-5-71, relating to registration and regulation of lobbyists;

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(45) Paragraph (7) of subsection (b) of Code Section 26-2-232, relating to powers and duties of the Commissioner of Agriculture under the 'Georgia Dairy Act of 1980'; (46) Paragraph (1) of subsection (e) of Code Section 26-4-29, relating to powers and duties of the State Board of Pharmacy; (47) Paragraph (6) of Code Section 27-1-6, relating to powers and duties of the Department of Natural Resources relative to game and fish; (48) Code Section 27-2-41, relating to regulations regarding game and fish licenses, permits, and stamps; (49) Code Section 27-4-262, relating to rules and regulations regarding aquaculture; (50) Code Section 28-5-122, relating to publication of state grant programs; (51) Paragraph (6) of subsection (a) of Code Section 31-10-5, relating to powers and duties of the state registrar regarding vital records; (52) Subsection (h) of Code Section 31-22-2, relating to licensure of clinical laboratories; (53) Subsection (a) of Code Section 32-2-41.2, relating to benchmarks and value engineering studies of road construction projects; (54) Code Section 32-2-66, relating to qualification of transportation contractors; (55) Subsection (b) of Code Section 33-21A-4, relating to reimbursement for emergency health care services by medicaid care management organizations; (56) Paragraph (5) of subsection (a) of Code Section 34-2-6, relating to powers and duties of the Commissioner of Labor; (57) Code Section 34-8-76, relating to powers and duties of the Commissioner of Labor with respect to prevention and reduction of unemployment; (58) Subsection (b) of Code Section 34-9-61, relating to publication of certain materials by the State Board of Workers' Compensation; (59) Subsection (b) of Code Section 34-9-205, relating to medical fees under the workers' compensation law; (60) Paragraph (3) of subsection (b) of Code Section 34-11-8, relating to the chief inspector of boilers and pressure vessels; (61) Paragraph (9) of subsection (a) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center; (62) Paragraphs (2) and (4) of Code Section 35-6A-7, relating to functions and authority of the Criminal Justice Coordinating Council; (63) Subsection (a) of Code Section 37-2-7, relating to formulation and publication of the state plan for disability services; (64) Subsection (d) of Code Section 37-5-6, relating to plans for providing comprehensive community services to developmentally disabled individuals; (65) Subsection (d) of Code Section 40-6-315, relating to standards for motorcycle headgear; (66) Subsection (b) of Code Section 40-6-352, relating to standards for moped headgear; (67) Subsection (d) of Code Section 40-8-78, relating to standards for automotive glazing materials;

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(68) Subsection (a) of Code Section 40-16-5, relating to authority of the commissioner of driver services; (69) Subsection (a) of Code Section 42-2-8, relating to authority of the commissioner of corrections; (70) Paragraph (9) of Code Section 43-11A-7, relating to powers of the Georgia Board of Examiners of Licensed Dietitians; (71) Paragraph (3) of subsection (a) and subsection (e) of Code Section 43-17-11, relating to enforcement of the law relating to charitable solicitations; (72) Paragraph (9) of Code Section 43-33-10, relating to authority of the State Board of Physical Therapy; (73) Subsection (e) of Code Section 43-41-10, relating to disciplinary actions under the State Licensing Board for Residential and General Contractors; (74) Paragraph (4) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; (75) Code Section 45-6-3, relating to annual reports of public officers of the state; (76) Paragraph (5) of subsection (b) of Code Section 45-10-93, relating to powers and duties of the Joint Legislative Ethics Committee; (77) Code Section 45-13-27, relating to the Secretary of State's official directory of state and county officials and officers; (78) Paragraph (6) of Code Section 45-13-41, relating to objects and purposes of the Georgia Archives; (79) Subsections (d) and (e) of Code Section 45-18-15, relating to administration of the state employees' health benefit plan; (80) Code Section 45-22-9, relating to publication of lists of hazardous substances under the 'Public Employee Hazardous Chemical Protection and Right to Know Act of 1988'; (81) Subsections (a) and (b) of Code Section 48-2-7, relating to powers and duties of the state revenue commissioner; (82) Subsection (a) of Code Section 48-2-12, relating to rules and regulations of the state revenue commissioner; (83) Subsection (c) of Code Section 48-5-346, relating to disapproval of county tax digests; (84) Paragraph (2) of subsection (b) of Code Section 48-7-112, relating to income tax refunds, credits, and setoffs; (85) Paragraph (4) of Code Section 49-4-33, relating to duties of the Department of Human Services with respect to the Old-Age Assistance Act; (86) Paragraph (5) of Code Section 49-4-53, relating to duties of the Department of Human Services with respect to the 'Aid to the Blind Act'; (87) Paragraph (4) of Code Section 49-4-82, relating to duties of the Department of Human Services with respect to aid to disabled persons; (88) Paragraph (3) of subsection (c) of Code Section 49-4-183, relating to administration of the 'Temporary Assistance for Needy Families Act';

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(89) Subsection (n) of Code Section 49-4A-8, relating to commitment of children to the custody of the Department of Juvenile Justice; (90) Subsection (b) of Code Section 49-5-12, relating to licensing and regulation of child welfare agencies; (91) Code Section 49-5-19, relating to the annual report on the operations of county departments of family and children services; (92) Paragraph (4) of subsection (d) of Code Section 49-5-132, relating to the Governor's Office for Children and Families; (93) Subsection (j) of Code Section 49-5-273, relating to creation and operation of the PeachCare program; (94) Paragraph (6) of Code Section 49-6-21, relating to powers and duties of the Council on Aging; (95) Subsection (b) of Code Section 50-5-60.4, relating to use of mulch on public lands; (96) Paragraph (1) of subsection (d) of Code Section 50-5-67, relating to procedures for bidding of state contracts; (97) Paragraphs (4) and (5) of Code Section 50-7-8, relating to certain powers of the Board of Economic Development; (98) Paragraph (4) of subsection (b) of Code Section 50-8-7, relating to planning, technical assistance, and information activities of the Department of Community Affairs; (99) Paragraph (2) of Code Section 50-8-141, relating to functions of the Office of Rural Development; (100) Code Section 50-12-84, relating to the annual report of the Commission on Women; and (101) Subsection (a) of Code Section 50-25-7.10, relating to publication of the annual state information technology report.
SECTION 11. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by inserting immediately before the word "publication" the words "print or electronic" wherever such word occurs in: (1) Paragraph (2) of Code Section 12-2-3, relating to objectives of the Department of Natural Resources; (2) Subsection (i) of Code Section 12-2-4, relating to powers and duties of the Department of Natural Resources; (3) Paragraph (7) of Code Section 12-3-53, relating to the state archeologist; (4) Paragraph (19) of Code Section 31-10-1, relating to definitions applicable to vital statistics; (5) Code Section 31-12A-9, relating to educational programs under the 'Georgia Smokefree Air Act of 2005'; (6) Paragraph (7) of subsection (a) of Code Section 43-50-21, relating to powers and duties of the State Board of Veterinary Medicine; (7) Subsection (a) of Code Section 45-13-45, relating to powers of the Secretary of State with respect to management of the Division of Archives and History;

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(8) Paragraph (2) of subsection (b) of Code Section 48-2-15, relating to confidentiality of state tax information; (9) Subsection (a) of Code Section 48-7-60, relating to confidentiality of income tax information; (10) Subsection (e) of Code Section 49-5-220, relating to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents; and (11) Paragraph (1) of Code Section 49-5-221, relating to definitions applicable to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents.
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Representative Burkhalter of the 50th moved that further consideration of SB 388 be suspended for one hour.
The motion prevailed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
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.
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 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.
The following amendment was read:
Representative Roberts of the 154th et al. move to amend SB 458 (LC 35 1707) by inserting after "belts;" on line 3 the following:
"to provide that not wearing a safety belt is a secondary offense;"
By adding after "(a)" on line 8 the following:
"and adding a new subsection to read"

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By inserting between lines 18 and 19 the following:

"(g) A driver or passenger shall not be charged with a violation of this Code section alone but may be charged with violating this Code section in addition to any other traffic offense."

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

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

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

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

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

Y Scott, M N Sellier N Setzler
Shaw Y Sheldon N Sims, B
Sims, C N Sinkfield N Smith, B E Smith, E N 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
VACANT Y Walker
Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 45, nays 115.

The amendment was lost.

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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 "nay" thereon.

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

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

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

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 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 N Harden, M N Hatfield Y Heard Y Heckstall

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson E Hugley N 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 N Lane, B Y Lane, R Y Levitas Y Lindsey
Long N Loudermilk N Lucas
Lunsford N 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 E Mills Y Mitchell
Morgan N 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 N Pruett Y Purcell Y Ramsey Y Randall N Reece N Reese Y Rice N Roberts Y Rogers
Rynders Y Scott, A

N Scott, M Sellier
Y Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y 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 Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix N Yates Ralston, Speaker

On the passage of the Bill, the ayes were 132, nays 29.

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

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.

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Representative Walker of the 107th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
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.
Representative Keen of the 179th assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time:

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SR 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities or land for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII of the Constitution is amended by adding a new section to read as follows:
"SECTION VIII. EDUCATION IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law create one or more education improvement districts to provide for facilities or land for one or more schools as provided in this section, which education improvement districts shall be considered public entities. Paragraph II. Purposes. The purpose of an education improvement district shall be the provision of facilities or purchase of land for one or more public schools established by a board of education under Article VIII, Section V, Paragraph I of this Constitution, one or more special schools established under Article VIII, Section V, Paragraph VII of this Constitution, or a combination of such public schools and special schools. Facilities may include construction of new school facilities, capital improvements to existing school facilities, leasing of school facilities, or a combination thereof. Facilities may also include pre-kindergarten programs within a public school or special school. Paragraph III. Boundaries. Any education improvement district shall be composed of a single, contiguous geographical area containing at least 500 acres and containing a

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population of at least 2,000 persons and may include portions of one or more school systems. Paragraph IV. Local law. (a) The local law creating an education improvement district shall include the following:
(1) A description of the facility or facilities for which the district is created, the land to be purchased for the public or special school or schools, or both; (2) A description of the geographical area which comprises the district; (3) The establishment of the administrative body for the education improvement district and the number of members of the administrative body. The membership shall include representation from each local board of education included within the education improvement district, if one or more public schools are to be benefitted, and representation from the governing board of each special school if such special school is to be benefitted, and the method of selection of all members shall be specified in the local law; (4) The duties and powers of the administrative body, which may include:
(A) The power to contract; (B) The power to enter into cooperative agreements with local governments in accordance with Paragraph VI of this section and to act on such agreements; (C) The acceptance of bequests, donations, assistance with or guarantees of any loans or other instruments of indebtedness, and grants and transfers of land, buildings, and other property from individuals, private entities, counties, municipalities, local boards of education, the State Board of Education, the Board of Regents, or other entities of the State of Georgia; (D) The incurrence of debt, without regard to the requirements of Article IX, Section V of this Constitution, which debt shall be backed by the full faith, credit, and taxing power of the education improvement district and which debt may be backed by the full faith, credit, and taxing power of the applicable local board of education, in the case of a public school or schools, or the state, in the case of a special school or schools as specified in the local law; (E) The retention of an administrative fee, which shall not exceed any maximum amount set out in the local law, to cover actual costs, which may include per diem amounts for administrative body members and necessary expenses; and (F) The authority to levy ad valorem taxes within the education improvement district in accordance with Paragraph V of this section and the maximum tax rate which may be levied. (5) The duration of the education improvement district, which shall be the later of:
(A)(i) For construction or capital improvements of the facility or facilities for which the education improvement district is established, the completion of such construction or capital improvements; (ii) For the purchase of land, the completion of such purchase; or (iii) For the lease of a facility, the end of the initial lease, which duration may be specifically limited in the local law;

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(B) Upon the completion of payment of all debt incurred for the construction or capital improvements, purchase of land, or lease of the facility or facilities for which the education improvement district is established; or (C) Upon the date or the occurrence of an event as set out in the local law; (6) The estimated maximum costs relating to the construction, capital improvements, or lease of the facility or facilities, the purchase of land, or both; (7) Provision for lowering the tax, ceasing to collect the tax at an earlier date, refunds to taxpayers, or any other appropriate mechanism, in the event that actual costs for the facility or facilities, the purchase of land, or both is less than the estimated maximum costs presented in the referendum; and (8) The right, title, interest, and ownership of any new facility or facilities or land purchased, which may be vested in the administrative body of the education improvement district, the applicable local board of education in the case of public schools, or in the state, in the case of special schools as specified in the local law; provided, however, that if ownership is vested in an education improvement district, the local law shall provide for the transfer of ownership to the applicable local board or boards of education or, for a special school, for the transfer of ownership to a local board of education or the state or for the sale to a public or private entity, upon dissolution of the education improvement district. If a facility or facilities or land is sold by an education improvement district to a public or private entity, the local law shall provide for distribution or use of proceeds from such sale, which may include refunds or credits to taxpayers. The design and construction of a new facility or of capital improvements to an existing facility may be conducted by the local board of education, the governing body of a special school, the education improvement district, or some other entity, as designated in the local law. The local law may address occurrences such as closure and sale of a facility provided for under the district. (b) Any local law creating an education improvement district shall be signed by every member of the House of Representatives and the Senate whose districts are wholly or partially located within the education improvement district and shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the education improvement district by:
(A) Each local board of education which is included within the education improvement district if such district is to be established for the benefit of one or more public schools of the local board of education; and (B) The governing board of each special school which is included within the education improvement district if such district is to be established for the benefit of any such special school; and (2) Approval by a majority of the qualified electors residing within the limits of the education improvement district voting in a referendum thereon. Such referendum shall identify the tax rate to be levied, the specific facility or facilities or land for which the ad valorem taxes collected under Paragraph V of this section will be used, and the estimated maximum costs relating to the facility or facilities. Any referendum

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held pursuant to this subparagraph shall be conducted only on the Tuesday after the first Monday in November in odd-numbered years or on the date of the presidential preference primary, general primary, or general election in even-numbered years. Paragraph V. Levy. The administrative body of each education improvement district may be authorized to levy ad valorem taxes within the education improvement district only on real property and specifically excluding tangible personal property and intangible property. The tax rate charged by the education improvement district may not exceed the rate specified in the referendum. Any such ad valorem tax shall not apply to the homestead property of any person residing within the education improvement district who is 62 years of age or older. Any such tax shall be collected by the county or counties in which the education improvement district is located in the same manner as ad valorem taxes levied by such county or counties. The proceeds of such taxes so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or counties to the administrative body of the education improvement district and shall be expended by such administrative body for the purpose authorized by this section. The administrative body of the education improvement district may not use such ad valorem taxes to fund any facility or land purchase other than the specific facility or facilities or land purchase specified in the referendum. Paragraph VI. Cooperation with local governments. The facilities and land purchases provided pursuant to this section shall be provided for in a cooperative agreement executed jointly by the administrative body and one or more applicable local boards of education or, in the case of a special school or special schools, the governing body or bodies thereof. The provisions of this section shall in no way limit the authority of any local board of education or governing body of a special school to provide facilities or land within any education improvement district. An education improvement district shall have no control or management over a local school system. Paragraph VII. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of education improvement districts and the exercise of the powers of administrative bodies of education improvement districts."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by local law for the creation and
( ) NO comprehensive regulation of education improvement districts for the provision of facilities or land for one or more public or special schools?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

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

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

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

N Crawford N Davis N Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs N Dodson N 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 N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard N Heckstall

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

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

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

On the adoption of the Resolution, by substitute, the ayes were 22, nays 144.

The Resolution, having failed to receive the requisite constitutional majority, was lost.

The Speaker assumed the Chair.

By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and referred to the Committee on Rules:

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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 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.
By unanimous consent, further consideration of SB 388 was again suspended for one hour.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 1946. By Representatives Cooper of the 41st and Wilkinson of the 52nd:
A RESOLUTION urging the Georgia Department of Community Health to educate the public and create awareness regarding the safe disposal of homegenerated medical sharps; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Urging the Georgia Department of Community Health to educate the public and create awareness regarding the safe disposal of home-generated medical sharps; and for other purposes.
WHEREAS, each year, more than 3 billion medical sharps are used by individuals in their homes; and
WHEREAS, typically, these medical sharps are put into the household trash; and

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WHEREAS, placing sharps in household trash creates a health hazard for other members of the family and sanitation workers; and

WHEREAS, it is important that medical facilities display and have available materials which educate the public on the proper safe disposal of home-generated medical sharps; and

WHEREAS, public awareness and education about the safe disposal of home-generated sharps will improve the public health and safety of Georgia residents.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body urge the Georgia Department of Community Health to educate the public and create awareness regarding the safe disposal of home-generated medical sharps.

BE IT FURTHER RESOLVED that the members of this body urge the Georgia Department of Community Health to work with representatives from the Georgia Municipal Association, the Medical Association of Georgia, the Georgia Pharmacy Association, the Home Health Care Association of Georgia, the Visiting Nurse Association, the Georgia Hospice and Palliative Care Organization, the American Diabetes Association, the Georgia Hospitality Association, the Georgia Restaurant Association, the Association of County Commissioners of Georgia, the Pharmaceutical Research and Manufacturers of America, the Medical Device Manufacturers Association, and the National Solid Wastes Management Association in creating this important education program.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Georgia Department of Community Health.

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 Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar

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

Y Marin Y Martin Y Maxwell
May Y Mayo N McCall Y McKillip Y Meadows Y Millar

E Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B

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

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
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

E Hugley Y Jackson
Jacobs E 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
Lane, R Y Levitas Y Lindsey
Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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 N Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts
Rogers Y Rynders Y Scott, A

E 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 Williams, R Y Wix Y Yates Ralston, Speaker

On the adoption of the Resolution, by substitute, the ayes were 150, nays 4.

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

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.

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 modify the definition of motorized cart; to change the hours of

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operation of certain motorized carts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (32) Code Section 40-1-1, relating to definitions, as follows:
"(32) 'Motorized cart' means every motor vehicle having no less than three wheels and an unladen weight of 1,300 2,500 pounds or less and which cannot operate at more than 20 miles per hour."
SECTION 2. Said title is further amended by revising Code Section 40-6-330, relating to hours of operation of motorized carts, as follows:
"40-6-330. Motorized carts weighing 1,300 pounds or less may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety. Motorized carts weighing between 1,300 pounds and 2,500 pounds may be operated on streets only during the period of one-half hour before sunrise and one-half hour after sunset, unless the local government or the commissioner of public safety, as applicable, has determined that a motorized cart may be operated during the hours between one-half hour after sunset and one-half hour before sunrise and the motorized cart is equipped with:
(1) Two headlights; (2) Two tail lamps; (3) Two brake lights; (4) Four turn signal lamps, two in front and two in the rear; (5) A center high mount stop lamp (CHMSL); and (6) A windshield."
SECTION 3. This Act shall become effective on July 1, 2010.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Butler of the 18th, Keen of the 179th, and Roberts of the 154th move to amend the substitute to SB 519 (LC 34 2745S) by adding after "cart;" on line 2 the following:

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to provide for a minimum fine for impeding traffic flow;

By inserting between lines 11 and 12 the following:

SECTION 1.1. Said title is further amended by revising subsection (a) Code Section 40-6-184, relating to impeding the flow of traffic, 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 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."

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 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
Floyd Y Fludd

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

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

E Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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Y Buckner 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 E 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 Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y 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 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, as amended, the ayes were 157, nays 4.

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

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.

House of Representatives Atlanta, Georgia 30334

This version of SB 519 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 519.

/s/ Bobby Franklin Representative, District 43

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

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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
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
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 E 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 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 E Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson E 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
Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y 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 Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

On the adoption of the Resolution, the ayes were 160, nays 2.

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

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
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.
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.
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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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

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matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 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 Speaker Pro Tem assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read:
A BILL
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 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 the duties and responsibilities of the appropriations committees; to authorize the committees to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for

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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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 1A, relating to occupational regulation legislation review, as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

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(5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten members:
(1) The Comptroller General or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his designee services, commissioner of community health, or the executive director of the Georgia Composite Medical Board or his or her designee, as deemed most appropriate by the chairperson of the council to address the issues raised by the prospective regulation of the applicant group; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of

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meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.
43-1A-5. (a) It shall be the duty of the council to:
(1) Review review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.; and (2) Review each existing regulatory entity that is currently regulated pursuant to this title to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions of this state. The council shall conduct such review a minimum of once every seven years. All council meetings relating to a review of an existing regulatory entity pursuant to this paragraph shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report.

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(d) The head of a regulatory entity subject to review pursuant to paragraph (2) of subsection (a) of this Code section shall have the right to testify to the council to contribute its perspective and recommendations regarding potential changes to how such regulatory entity is regulated.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should and all reviews of existing regulatory entities pursuant to paragraph (2) of subsection (a) of Code Section 43-1A-5 shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1) Whether the unregulated practice of an the occupation may harm or endanger the health, safety, and welfare of citizens of the this state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and (4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state this state; and (5) Whether there are means other than state regulation to protect the interests of the state.
43-1A-7. After July 1, 1986, applicant Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:
(1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered: (A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals;

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(C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and

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(B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference.
43-1A-8. (a) After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. (b) With regard to an existing regulatory entity, after evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, the General Assembly shall: (1) Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state; (2) Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or (3) Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state.

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43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
SECTION 2. 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 Senate and House appropriations committees meeting jointly shall constitute the Legislative Sunset Committee. (b) As used in this article, the term 'committee' means the Legislative Sunset Committee. (c) In carrying out its function under this article, the committee 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 committee and may be required to appear before the committee. The committee 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 committee 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 committee 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 committee 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 committee shall be abolished on July 1 following the regularly scheduled session of the General Assembly which follows the report of review issued by the committee pursuant

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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 committee shall make a report and recommendation of each agency review. 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 committee. (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 committee, the committee shall report to the General Assembly any recommended constitutional amendment 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 committee 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 committee, an agency shall provide the committee 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;

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(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; (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 committee or any study committee created under the committee's direction. (c) Information and data reported by the agency shall be validated by the agency's chief executive before submission to the committee.
50-4-24. (a) No later than six months following the committee's request for a report from an agency pursuant to Code Section 50-4-23, the committee 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 committee deems necessary, hold public hearings to consider this information as well as testimony; and

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(4) Present a report of review on an agency reviewed by the committee. In the report of review, the committee 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 committee may extend the time provided for review of an agency if the committee determines that additional time for review is needed to adequately evaluate an agency. (b) The committee 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; (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 committee shall make recommendations 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 committee to prepare drafts of legislation necessary to carry out the committee's recommendations."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mills of the 25th moved the previous question.

The motion prevailed.

The following amendment was read and adopted:

Representative McCall of the 30th et al. move to amend the House Committee on Regulated Industries substitute to SB 148 (LC 36 1682S) by deleting the quotation mark on line 398 and adding after line 398 the following:

50-4-25. This article shall not apply to any commodity commission provided for by Chapter 8 of Title 2, the Georgia Seed Development Commission provided for by Chapter 4 of Title 2, or any cotton growers' organization certified for purposes of Article 5 of Chapter 7 of Title 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:

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
Benton Black N Brooks N Bruce N Bryant N Buckner Burkhalter

N Crawford Davis
N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs N Dodson
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

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

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

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E 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

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Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard N Heckstall

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

Y Peake N Porter Y Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey
Randall N Reece Y Reese Y Rice
Roberts N Rogers Y Rynders Y Scott, A

N Teilhet N Thomas N Thompson
VACANT Y Walker
Weldon Y Wilkinson N 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, as amended, the ayes were 92, nays 68.

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 "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 148 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 148.

/s/ Bobby Franklin Representative, District 43

Representative May of the 111th moved that SB 148 be immediately transmitted to the Senate.

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

N Crawford Davis
N Dawkins-Haigler Y Day Y Dempsey Y Dickson

Y Hembree N Henson Y Hill, C E Hill, C.A Y Holt Y Horne

N Marin Y Martin Y Maxwell Y May N Mayo Y McCall

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B

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Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield
Benton Black N Brooks N Bruce N Bryant N Buckner Burkhalter Y Burns Y Butler Y Byrd Carter Y Casas Y Chambers Channell Cheokas Y Coan Y Cole N Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

Y Houston N Howard Y Hudson E Hugley
Jackson Y Jacobs E James Y Jerguson N Johnson
Jones, J N Jones, S N Jordan N Kaiser
Keen Y Keown N Kidd Y Knight
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 McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey
Randall N Reece Y Reese N Rice
Roberts N Rogers Y Rynders Y Scott, A

N Sims, C N Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre N Stephens, M
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
Williams, E Y Williams, M Y Williams, R N Wix N Yates
Ralston, Speaker

On the motion, the ayes were 86, nays 64.

The motion prevailed.

Representative Porter of the 143rd moved that the House reconsider its action in immediately transmitting SB 148 to the Senate.

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 Y Beasley-Teague Y Bell

Y Crawford Davis
Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dodson N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart

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

Y Marin N Martin N Maxwell N May Y Mayo
McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris

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

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

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

N Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen N Keown Y Kidd N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham N Manning

Y Mosby Y Murphy N Neal N Nix Y Oliver
O'Neal Y Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett N Purcell N Ramsey
Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Rynders N Scott, A

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 Y Walker
Weldon N 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 64, nays 91.

The motion was lost.

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

Mr. Speaker:

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

HB 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.

HB 1314. By Representatives Sheldon of the 105th, Hill of the 180th, Kaiser of the 59th and Mosby of the 90th:

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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 49-4183 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.
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 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.
The following Committee substitute was read:
A BILL
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 Grant Program; to provide for an advisory committee; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly finds that:
(1) Diabetes is a chronic disease caused by the inability of the pancreas to produce insulin or to use the insulin produced in the proper way; (2) If untreated and poorly managed, diabetes has been medically proven to lead to blindness, kidney failure, amputation, heart attack, and stroke; (3) Diabetes is the sixth leading cause of death in the United States, responsible for a similar number of deaths each year as HIV/AIDS; (4) In Georgia, the prevalence of diabetes is 8 percent higher than the nation as a whole; (5) One out of three people with diabetes are not aware that they have the disease; (6) Without aggressive societal action, the number of people living with diabetes in Georgia will more than double to 1,697,000 people in the next 20 years, cutting life short for these people by ten to 20 years; and (7) Without aggressive societal action, the economic burden of diabetes on the State of Georgia is expected to grow from $5 billion each year to about $11.9 billion in the next 20 years.
SECTION 2. This Act shall be known and may be cited as the "Diabetes and Health Improvement Act of 2010."
SECTION 3. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding a new Code section to read as follows:
"31-2-17.1. (a) There is established within the department's Division of Public Health the Georgia Diabetes Control Grant Program. The purpose of the grant program shall be to develop, implement, and promote a state-wide effort to combat the proliferation of Type 2 diabetes and pre-diabetes. (b) The program shall be under the direction of a seven-member advisory committee, appointed by the Governor. The Governor, in making such appointments, shall ensure to the greatest extent possible that the membership of the advisory committee is representative of this state's geographic and demographic composition, with appropriate attention to the representation of women, minorities, and rural Georgia. The appointments made by the Governor shall include one member who is:
(1) A physician licensed in this state; (2) A registered nurse licensed in this state; (3) A dietician licensed in this state; (4) A diabetes educator; (5) A representative of the business community; (6) A pharmacist licensed in this state; and (7) A consumer who has diabetes.

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The commissioner of the Department of Community Health, or his or her designee, shall serve as an ex officio, nonvoting member of the advisory committee. Appointed advisory committee members shall be named for five-year terms staggered so that one term will expire each year, except for the fourth and fifth year, when two terms will expire. Their successors shall be named for five-year terms. (c) The Georgia Diabetes Control Grant Program shall be authorized to administer two grant programs targeted at new, expanded, or innovative approaches to address diabetes as follows:
(1) A program to provide grants to middle schools and high schools to promote the understanding and prevention of diabetes may be established by the program. Such grants shall be provided through the appropriate local board of education. Grant requests shall contain specific information regarding requirements as to how the grant should be spent and how such spending promotes the understanding and prevention of diabetes. Grant recipients shall be required to provide the advisory committee with quarterly reports of the results of the grant program; and (2) A program to provide grants to health care providers for support of evidence based diabetes programs for education, screening, disease management, and selfmanagement targeting populations at greatest risk for pre-diabetes, diabetes, and the complications of diabetes; and grants may also be awarded to address evidence based activities that focus on policy, systems, and environmental changes that support prevention, early detection, and treatment of diabetes. Eligible entities shall include community and faith based clinics and other organizations, federally qualified health centers, regional and county health departments, hospitals, and other public entities, and other health related service providers which are qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986. Such entities shall have been in existence for at least three years, demonstrate financial stability, utilize evidence based practices, and show measurable results in their programs. (d) The advisory committee shall work with the department to establish grant criteria and make award decisions, with the goal of creating a state-wide set of resources to assist residents of Georgia in their efforts to prevent or treat diabetes. Grants shall not be used for funding existing programs. (e) The grant program shall be under the direction of the diabetes coordinator appointed pursuant to Code Section 31-2-17. The department shall provide sufficient staff, administrative support, and such other resources as may be necessary for the diabetes coordinator to carry out the duties required by this Code section. (f) This Code section shall be subject to appropriation from the General Assembly."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

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Representative Cooper of the 41st et al. move to amend the House Committee on Health and Human Services substitute (LC 33 3772S) to SB 435 by striking lines 1 and 2 and inserting in lieu thereof the following:
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Diabetes and Health Improvement Act
By inserting after "staff;" on line 6 the following:
to revise certain provisions relating to the regulation of tanning facilities;
By designating Sections 1, 2, and 3 of the bill as Part I and renumbering them as Sections 1-1, 1-2, and 1-3 respectively.
By striking lines 29 and 30 and inserting in lieu thereof the following:
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows:
By striking line 85 and inserting in lieu thereof the following:
PART II SECTION 2-1. Said title is further amended by adding a new Code section to read as follows: "31-38-4.1. (a) After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. (b) A person shall register under this Code section by submitting a form to the department. The form shall require only the name, address, and telephone number of the tanning facility and owner and the model number and type of each ultraviolet lamp used in the tanning facility. (c) A registrant shall be required to pay an annual registration fee of $25.00 per tanning facility and an additional registration fee of $15.00 per tanning device owned, leased, or otherwise used by the tanning facility."
SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 31-38-8, relating to written report of injury requirement, use of tanning equipment by minors restricted, and equipment maintenance requirements, and by adding a new subsection to read as follows:
"(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

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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." "(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 'Fair Business Practices Act of 1975.'"

PART III SECTION 3-1.

The Committee substitute, as amended, was adopted.

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

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

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard
Battles N 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
Carter N Casas Y Chambers Y Channell Y Cheokas

Y Crawford Davis
Y Dawkins-Haigler Y 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 N 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 Hembree Y Henson Y Hill, C E Hill, C.A Y Holt N Horne
Houston Y Howard Y Hudson E 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 Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Y Long

Y Marin Y Martin Y Maxwell N May Y Mayo N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell Y Morgan
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 N Pruett Y Purcell Y Ramsey
Randall

N Scott, M Y Sellier
Setzler Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 N Walker Weldon Y Wilkinson Y Willard

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

Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

Y Loudermilk Y Lucas
Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning

Y Reece N Reese Y Rice N Roberts Y Rogers
Rynders Y Scott, A

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 131, nays 25.

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

House of Representatives Atlanta, Georgia 30334

This version of SB 435 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 435.

/s/ Bobby Franklin Representative, District 43

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action 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 Senate substitute was read:

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of taxable nonresident for income tax purposes; to revise and change certain provisions regarding income tax credits for low-income

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residents, to repeal certain provisions regarding legislative findings and purposes; to change certain provisions regarding the claiming and allowing of such tax credits; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-1, relating to definitions regarding income taxes, 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 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 and not 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

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of an individual who receives such income when the state is prohibited from taxing such income pursuant to federal law."
SECTION 2. Said title is further amended by repealing and reserving Code Section 48-7A-1, relating to legislative findings and purposes regarding income tax credits for low-income residents.
SECTION 3. Said title is further amended in Code Section 48-7A-3, relating to claiming and allowing low-income tax credits, by revising subsections (a) and (c) as follows:
"(a) Except as otherwise provided in subsection (e) of this Code section, each resident taxpayer who files an individual income tax return for a taxable year and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Georgia individual income tax purposes may claim a tax credit against the resident taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that:
(1) A husband and wife filing a joint return shall each be deemed a dependent for purposes of such joint return; and (2) A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed.; and (3) A resident individual who has no income or no income taxable under Chapter 7 of this title and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Georgia individual income tax purposes may also claim a tax credit as set forth in this Code section." "(c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall be deductible from the resident taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer, provided that a tax credit properly claimed by a resident individual who has no income tax liability shall be paid to the resident individual; provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00.; provided, however, that in no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall not be allowed to be carried forward to the taxpayer's succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability."

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SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2010.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 1198.
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.
Representative Peake of the 137th moved that the House insist on its position in substituting SB 360.
The motion prevailed.
SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Wilkinson of the 52nd moved that the House adhere to its position in insisting on its substitute to SB 195 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

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The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Wilkinson of the 52nd, Cooper of the 41st and Williams of the 4th.
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.
The following Senate substitute was read:
A BILL
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 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 provide for membership on the Streamlined Sales and Use Tax Governing Board; to change certain provisions regarding intergovernmental contracts and imposition of the municipal option water and sewer projects and costs tax; to provide for the correction of cross-references; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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.' (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

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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 (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;

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(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; (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,

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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; (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

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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':
(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

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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. (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 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

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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 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

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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; (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. Prepared food shall not include food sold by a seller whose proper primary North American Industrial Classification System code is manufacturing in sector 311, except subsector 3118, bakeries, if sold without eating utensils provided by the seller. (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)(i)(A) Except as otherwise provided in division (ii) of this subparagraph this chapter, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation,

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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; (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

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(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; (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 (G) 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

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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 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

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(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. (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. (10)(35) '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. (36) 'Streamlined sales tax agreement' means the Streamlined Sales and Use Tax Agreement under Code Section 48-8-162. (11)(37) '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

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prewritten computer software. 'Tangible personal property' does not mean stocks, bonds, notes, insurance, or other obligations or securities. (38) 'Telecommunications nonrecurring charges' means an amount billed for the installation, connection, change, or initiation of 'telecommunications service' received by the customer. (39) '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 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)(40) '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)(41) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article. (42) '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. (43) '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

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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:
(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

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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'; (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

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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 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:

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(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; (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;

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(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; (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

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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 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;

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(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. (D) Except as provided for in subparagraph (C) (B) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 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

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(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 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

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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 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

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(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; (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;

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(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 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:

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(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; (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.

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(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.
(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;

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(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 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:

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(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 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 which are is 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 which are is 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.

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(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 2013; (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), 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

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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 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.

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(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 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

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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. (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.

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(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 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

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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 (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.

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(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 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

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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 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,

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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 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;

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(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 (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; (90) The sale of electricity to a manufacturer located in this state used directly in the manufacture of a product if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product; or

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(91) The sale of prewritten software which has been delivered to the purchaser electronically or by means of load and leave."
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:
(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

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(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) Where the exception specified in paragraph (2) of subsection (b) 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) 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 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 in Code Section 48-8-14, relating to certain state contract restrictions, by revising subsection (b) as follows:
"(b) On or after April 12, 2005, the Department of Administrative Services and any other state agency 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 this chapter on its sales delivered to Georgia."
SECTION 5. Said title is further amended in Code Section 48-8-17, relating to ratification of an executive order regarding gasoline taxes, by revising subsection (b) and (c) as follows:
"(b) The General Assembly of Georgia ratifies the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01 which suspended the collection of any rate of prepaid state taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it

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applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2. (c) For the time period commencing on June 2, 2008, as specified in the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01, the collection of any rate of prepaid state taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-9-14 or any other law to the contrary."
SECTION 6. Said title is further amended in Code Section 48-8-17.1, relating to ratification of an executive order on prepaid taxes, by revising paragraph (1) of subsection (a) as follows:
"(1) Sonny Perdue, as Governor of Georgia, issued an Executive Order ('EO 06.02.08.01') that suspended the collection of any rate of prepaid taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differed from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applied to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 until the General Assembly acts upon the suspension;"
SECTION 7. 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

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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, 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

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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. (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.

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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 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

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amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14."
SECTION 8. 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 9. 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 10. 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; (2) Holds the permit provided for in this article; and

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(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 11. 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 the sample, except that the fair market value of a sample of carpet that is

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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 12. 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 13. 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

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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 14. Said title is further amended by revising Code Section 48-8-50, relating to dealer compensation, as follows:

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"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

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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 15. 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

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(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 16. 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.

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(c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section."
SECTION 17. 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 18. 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.

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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.

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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 Streamlined 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 Streamlined Sales and Use Tax Agreement.

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(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 Streamlined 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.
48-8-77. (a) This Code section shall not be construed to impose sales and use tax on any tangible personal property or service which was not subject to such tax prior to January 1, 2011.
(b)(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 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;

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(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. (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

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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 subparagraph (A), (B), or (C) of this paragraph. (c) For the purposes of paragraph (1) of subsection (b) 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. (d)(1) Notwithstanding subsection (b) 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 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

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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 (b) 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. (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.

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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. (e)(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. (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 (b) of this Code section; provided, however, that in the case of a sale of prepaid wireless calling service, the rule provided in subparagraph (b)(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 19. 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:

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"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 in 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 20. Said title is further amended by revising Code Section 48-8-87, relating to sales tax returns, as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 21. Said title is further amended by revising subsection (h) of Code Section 48-8-96, relating to levy of the joint county and municipal sales and use tax by consolidated governments, as follows:
"(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the initial 1 percent sales and use tax shall not apply to the furnishing for value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale of motor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to

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the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale of motor vehicles."
SECTION 22. 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 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 in 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

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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. (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 23. Said title is further amended in Code Section 48-8-104, relating to administration of the homestead option sales and use tax, by revising subsection (a) as follows:
"(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 24. 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

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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 in 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 25. Said title is further amended by revising Code Section 48-8-113, relating to administration of the county special purpose local option sales and use tax, as follows:
"48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 26. 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.

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(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. (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 27. Said title is further amended by adding a new Code section to read as follows:
"48-7-167. The Georgia members of the Streamlined Sales Tax Governing Board shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives, a member of the Senate appointed by the President Pro Tempore of the Senate, and a designee of the commissioner."
SECTION 28. Said title is further amended in Code Section 48-8-200, relating to definitions regarding the water and sewer projects and costs tax, by revising paragraph (2) as follows:
"(2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2."

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SECTION 29. 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) (a) 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 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

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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 in Code Section 48-8-2; (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; and (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)(C) 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 30. 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

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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. (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 31. Said title is further amended by revising Code Section 48-8-204, relating to administration of the water and sewer projects and costs tax, as follows:

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"48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 32. Title 50 of Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-5-82, relating to limitations on contracting for goods, by revising subsection (b) as follows:
"(b) On or after May 13, 2004, the Department of Administrative Services 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."
SECTION 33. This Act shall become effective on January 1, 2011.
SECTION 34. All laws and parts of laws in conflict with this Act are repealed.
Representative O`Neal of the 146th moved that the House disagree to the Senate substitute to HB 1221.
The motion prevailed.

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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.
Representative Smith of the 131st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1284 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 131st, Collins of the 27th and May of the 111th.
By unanimous consent, further consideration of SB 388 was again suspended for one hour.
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 Senate substitute was read:

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A BILL
To amend Chapter 11 of Title 15, Title 16, and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings, crimes and offenses, and credit for time served in confinement, respectively, so as to change and create provisions relating to juvenile offenders; to add smash and grab burglary to the list of acts constituting a designated felony; to change provisions relating to dispositions for delinquent children; to clarify provisions relating to juveniles receiving credit for time served; to extend a sunset date for secure confinement; to provide for the new offense of smash and grab burglary; to provide for the elements of the offense; to provide for penalties; to provide for smash and grab burglaries in the context of contributing to the delinquency of a minor; to provide for smash and grab burglaries as racketeering activity; to remove the exception for juvenile court credit for time served in Title 17; 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 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, by adding a new subsection to read as follows:
"(e) The provisions of this Code section shall not apply to a smash and grab burglary."
SECTION 2. Said chapter is further amended by revising Code Section 15-11-63, relating to designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix), by striking the semicolon and inserting in its place "; or" at the end of division (a)(2)(B)(x), and by adding a new division to read as follows:
"(xi) Any violation of Code Section 16-7-2;"
SECTION 3. Said chapter is further amended by revising subparagraph (e)(1)(B) of Code Section 1511-63, relating to designated felony acts, 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;"

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SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 15-11-66, relating to disposition of delinquent children, 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)(A) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a
(i) A violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an (ii) An offense that would be a felony if committed by an adult; or (C) an (iii) 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. (B) 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) 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 or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention."

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SECTION 5. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to read as follows:
"16-7-2. (a) As used in this Code section, the term 'retail establishment' means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment. (b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. (c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both."
SECTION 6. Said title is further amended by revising subsections (b) and (e) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person:
(1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which

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encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult." "(e) A person convicted pursuant to paragraph (4), or (5), or (6) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five ten years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years."
SECTION 7. Said title is further amended by revising division (9)(A)(vii) of Code Section 16-14-3, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," as follows:
"(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary;"
SECTION 8. 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:
"(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 9. All laws and parts of laws in conflict with this Act are repealed.
Representative Pruett of the 144th moved that the House disagree to the Senate substitute to HB 1104.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 1104.
HB 305. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group insurance, so as to allow the issuance of a group life insurance policy to certain groups as approved by the Commissioner; to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group insurance, is amended in Code Section 33-27-1, relating to group requirements generally, by adding a new paragraph, to read as follows:
"(11) Discretionary groups. Group life insurance offered to a resident of this state under a group life insurance policy issued to a group other than one described in paragraphs (1) through (10) of this Code section shall be subject to the following requirements:
(A) No such group life insurance policy shall be delivered in this state unless the Commissioner finds that:
(i) The issuance of such group policy is not contrary to the best interest of the public; (ii) The issuance of the group policy would result in economies of acquisition or administration; and (iii) The benefits are reasonable in relation to the premiums charged; (B) No such group life insurance coverage may be offered in this state by an insurer under a policy issued in another state unless this state or such other state having requirements substantially similar to those contained in divisions (i) through (iii) of subparagraph (A) of this paragraph has made a determination that the requirements have been met; (C) The premium for the policy shall be paid either from the policyholder's funds or from funds contributed by the covered persons, or from both; and (D) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer."
SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 33-27-2, relating to the extension of group life policy coverage to dependents of employees or members, to read as follows:
"(1) The premium for the insurance shall be paid by the policyholder either from the employer's or union's funds or funds contributed by the insured employees or

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members, or from both. If any part of the premium is to be derived from funds contributed by the insured employees or members, the insurance with respect to spouses and children may be placed in force only if at least 75 percent of the then eligible employees or members, excluding any as to whose family members evidence of insurability is not satisfactory to the insurer, elect to make the required contribution. If no part of the premium is to be derived from funds contributed by the employees or members, all eligible employees or members, excluding any as to whose family members members' evidence of insurability is not satisfactory to the insurer, must be insured with respect to their spouses and children;"
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Knox of the 24th moved that the House disagree to the Senate substitute to HB 305.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 305.
HB 258. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Scott of the 153rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 258 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Scott of the 153rd, Smith of the 129th and Rice of the 51st.
HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so

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as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Scott of the 153rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 540 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Scott of the 153rd, Battles of the 15th and Hamilton of the 23rd.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 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.
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

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provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:
A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Harp of the 29th, Hudgens of the 47th, and Unterman of the 45th.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
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 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 2159 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 2159. By Representatives Stephens of the 164th and Dodson of the 75th:
A RESOLUTION commending Gail Morgart, outstanding Georgia citizen, and inviting her to be recognized by the House of Representatives; and for other purposes.

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5057

The Speaker announced the House in recess until 7:00 o'clock, this evening.
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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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.
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Crosby of the 13th, Hamrick of the 30th, and Moody of the 56th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Goggans of the 7th, and Bulloch of the 11th.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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 Senate insists on its substitutes to the following bills of the House:
HB 305. By Representative Knox of the 24th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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

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date; to provide for applicability; to repeal conflicting laws; and for other purposes.
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.
The Senate has agreed to the House substitute as amended by the Senate to the following bill 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:
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 258. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Chance of the 16th, and Murphy of the 27th.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Jackson of the 24th, Murphy of the 27th, and Mullis of the 53rd.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 249. By Representatives Martin of the 47th, Smith of the 113th, Stephens of the 164th, Loudermilk of the 14th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to expand the definition of the term "large retirement system"; to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield

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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.
HB 303. By Representatives Rogers of the 26th, Willard of the 49th, Collins of the 27th, Oliver of the 83rd and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitorsgeneral and assistant solicitors-general to have access to such reports for official purposes; to repeal conflicting laws; and for other purposes.
HB 417. By Representatives Neal of the 1st, Meadows of the 5th, Knox of the 24th, Maxwell of the 17th and Hembree of the 67th:
A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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

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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.
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.
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 Standards and Training Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
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.
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,

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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.
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.
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.
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.
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:

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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.
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.
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.
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.

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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.
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.
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.
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.
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

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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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, 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.
By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:
SR 1145. By Senators Chapman of the 3rd, Williams of the 19th, Bulloch of the 11th and Goggans of the 7th:
A RESOLUTION encouraging the State Board of Technical and Adult Education to initiate programs in ecological job training; and for other purposes.
Referred to the Committee on Higher Education.
The following Resolutions of the House were read and adopted:
HR 2200. By Representative Cooper of the 41st:
A RESOLUTION recognizing May 9-15, 2010, as Women's Health Week; and for other purposes.
HR 2201. By Representatives Day of the 163rd, Harbin of the 118th, Burkhalter of the 50th, Walker of the 107th, Parsons of the 42nd and others:

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A RESOLUTION recognizing and commending the Georgia Association of Chiefs of Police, Columbus State University, Dr. Archie Rainey, and Dr. Curtis McClung for establishing the Georgia Law Enforcement Command College; and for other purposes.
HR 2202. By Representatives Collins of the 27th, Maddox of the 127th and Allison of the 8th:
A RESOLUTION commending the faculty, staff, students, and Board Chairman Dr. Michael C. Markovitz of Atlanta's John Marshall Law School; and for other purposes.
HR 2203. By Representatives Levitas of the 82nd and Mitchell of the 88th:
A RESOLUTION recognizing and commending Tucker High School's Habitat for Humanity Chapter; and for other purposes.
HR 2204. By Representatives Butler of the 18th, Nix of the 69th and Bearden of the 68th:
A RESOLUTION recognizing and commending the Central-Carroll High School Marching Band; and for other purposes.
HR 2205. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION honoring the life and memory of Reverend Robert H. Woods, Sr.; and for other purposes.
HR 2206. By Representative Neal of the 1st:
A RESOLUTION recognizing and commending the Georgia Southern University Center for Addiction and Recovery; and for other purposes.
HR 2207. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Dooley of the 38th, Mosby of the 90th and Mangham of the 94th:
A RESOLUTION recognizing and commending Mrs. Ardena Beasley on the occasion of her 80th birthday; and for other purposes.
HR 2208. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Ms. Catherine Stallworth on her outstanding community service; and for other purposes.

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HR 2209. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Ms. Bernice Parks on her outstanding community service; and for other purposes.
HR 2210. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Ms. Mattie P. Price on her outstanding community service; and for other purposes.
HR 2211. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Ms. Sandra Ferrell on her outstanding community service; and for other purposes.
HR 2212. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Alexander Carl Thomas; and for other purposes.
HR 2213. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending David Scott Tinnon; and for other purposes.
HR 2214. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Cedric Jeremy Strickland; and for other purposes.
HR 2215. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Christopher Scott Sherman; and for other purposes.
HR 2216. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Richard McRae Shanor; and for other purposes.
HR 2217. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Robert Michael Wilkins; and for other purposes.

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HR 2218. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Robert Sheffield Sewell; and for other purposes.
HR 2219. By Representatives Dobbs of the 53rd and Lindsey of the 54th:
A RESOLUTION recognizing and commending Yates Christopher Webb; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 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.
Representative Peake of the 137th moved that the House adhere to its position in insisting on its substitute to SB 360 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Peake of the 137th, Ramsey of the 72nd and Day of the 163rd.
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.

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Representative O`Neal of the 146th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1221 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives O`Neal of the 146th, May of the 111th and Peake of the 137th.
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 Senate substitute was read:
A BILL
To change and enact provisions of law relating to sexual offenses, 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 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to remove a consent defense to sexual assault on certain

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persons; to reorganize the Code section relating to sexual assault against persons in custody; to provide for misdemeanor punishment under certain circumstances; to provide for gender neutrality with regard to the offense of incest; to prohibit interference with electronic monitoring devices when 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 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 change provisions relating to residency and employment restrictions for sexual offenders; 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 42-1-19;"
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-6-5.1, relating to sexual assault against persons in custody, as follows:
"16-6-5.1. (a) As used in this Code section, the term:
(1) 'Actor' means a person accused of sexual assault. (2) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) 'Sexual contact' means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor.

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(5) 'School' means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used. (b) A probation or parole officer or other custodian or supervisor of another person referred to in this Code section commits sexual assault when he or she engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is detained in or is a patient in a hospital or other institution and such actor has supervisory or disciplinary authority over such other person. A person convicted of sexual assault shall be punished by imprisonment for not less than 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. (c)(1) A person commits sexual assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person who is:
(A) In the custody of law; or (B) Detained in or is a patient in a hospital or other institution. (2) A person commits sexual assault when, as an actual or purported practitioner of psychotherapy, he or she engages in sexual contact with another person who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling, or, if the treatment or counseling relationship was used to facilitate sexual contact between the actor and said person. (3) Consent of the victim shall not be a defense to a prosecution under this subsection. (4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than 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. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than ten nor more than 30 years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a

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separate offense. Any person convicted under this subsection of the offense of sexual assault shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:
(1) Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual; (2) Is an employee or agent of any probation or parole office and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of the same probation or parole office; (3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency; (4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or (5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility. (c) A person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual. (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3 or 31-7-12 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor. (e) Consent of the victim shall not be a defense to a prosecution under this Code section. (f) A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both; provided, however, that: (1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of sexual assault of a child under the age of 16 years shall be punished by

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imprisonment for not less than 25 nor more than 50 years and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 16 years of age and the actor is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."
SECTION 3. Said title is further amended by revising subsection (a) of Code Section 16-6-22, relating to incest, as follows:
"(a) A person commits the offense of incest when the such person engages in sexual intercourse or sodomy, as such term is defined in Code Section 16-6-2, with a person to whom he or she knows he or she is related to either by blood or by marriage as follows:
(1) Father and daughter or stepdaughter child or stepchild; (2) Mother and son or stepson child or stepchild; (3) Siblings Brother and sister of the whole blood or of the half blood; (4) Grandparent and grandchild; (5) Aunt and niece or nephew; or (6) Uncle and niece or nephew."
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 16-7-29, relating to interference with electronic monitoring devices, 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 5. 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: "(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."

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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 paragraph, 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; (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;

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(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; (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;

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(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 6. Said article is further amended by revising paragraph (3) of subsection (b) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows:
"(3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours after the change of information prior to moving;"
SECTION 7. 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;

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(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 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 or 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 8. 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

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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 72 hours prior to any change of residence address and to the sheriff of the county to which the sexual offender is moving within 72 hours after prior to establishing the such new residence address. If the sexual offender is homeless and the information is the sexual offender's new sleeping location, within 72 hours of changing sleeping locations, the sexual offender shall give the information regarding the sexual offender's new sleeping location to the 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; and (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 9. 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 42-1-19. 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 10. 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 business days 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;

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(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 business days of the receipt of such information;"
SECTION 11. 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 12. 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 or any other place 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

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registration restrictions or residency or employment restrictions as provided for in Code Section 42-1-19. (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 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 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 or any other place 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 42-1-19. (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

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(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 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

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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 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

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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."
SECTION 13. Said article is further amended by revising 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:
"42-1-15. (a) As used in this Code section, the term:
(1) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (2) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (2)(3) 'Minor' means any individual person who is under 18 years of age. (3) 'Photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (4) '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. (b) On and after July 1, 2008, no No individual shall reside within 1,000 feet of any child care facility, church, school, or area where minors congregate if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) On and after July 1, 2008, no No individual shall be employed by or volunteer at any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility, a school, or a church if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer

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boundary of the property of the location at which such individual is employed or volunteers to the outer boundary of the child care facility, school, or church at their closest points. (2) On or after July 1, 2008, no No individual who is a sexually dangerous predator shall be employed by or volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate if the commission of the act for which such individual is required to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where minors congregate at their closest points. (d) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (e)(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 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)(e)(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) (f) 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 2008, and such individual successfully complies with subsection (g) (f) of this Code section. (g)(f)(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 prohibition pursuant to subsection (f) (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (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,

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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. (h)(1) Any individual who knowingly violates subsection (d) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. (2)(g) Any individual who knowingly violates any other any provision of this Code section, except subsection (d) of this Code section, shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (i)(h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12."
SECTION 14. Said article is further amended by adding three new Code sections to read as follows:
"42-1-16. (a) As used in this Code section, the term:
(1) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community swimming pools. (2) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (3) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (4) 'Minor' means any person who is under 18 years of age. (b) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, church, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, church, school, or area where minors congregate at their closest points. (c)(1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not be employed by any child care facility, school, or church or by or at any business or entity that is located

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within 1,000 feet of a child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed to the outer boundary of the child care facility, school, or church at their closest points. (2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register who is a sexually dangerous predator shall not be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed to the outer boundary of the area where minors congregate at their closest points. (d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 166-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (e)(1) If an individual owns 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 (f) 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 (f) of this Code section. (f)(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 prohibition pursuant to subsection (e) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation. (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.

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(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. (g) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.
42-1-17. (a) As used in this Code section, the term:
(1) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed towards persons under 18 years of age. (2) 'Child care facility' means all public and private pre-kindergarten facilities, daycare centers, and preschool facilities. (3) 'Individual' means a person who is required to register pursuant to Code Section 42-1-12. (4) 'Lease' means a right of occupancy pursuant to a written and valid lease or rental agreement. (5) 'Minor' means any person who is under 18 years of age. (b) Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, school, or area where minors congregate at their closest points. (c)(1) If an individual owns or leases real property and resides on such property and a child care facility, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, such individual shall not be guilty of a violation of subsection (b) of this Code section if such individual successfully complies with subsection (d) of this Code section. (2) An individual owning or leasing real property and residing on such property within 1,000 feet of a prohibited location, as specified in subsection (b) of this Code

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section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or leasehold prior to June 4, 2003, and such individual successfully complies with subsection (d) of this Code section. (d)(1) If an individual is notified that he or she is in violation of subsection (b) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (c) 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) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim. (e) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. (f) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.
42-1-18. (a) As used in this Code section, the term 'photograph' means to take any picture, film or digital photograph, motion picture film, videotape, or similar visual representation or image of a person. (b) No individual shall intentionally photograph a minor without the consent of the minor's parent or guardian. (c) Any individual who knowingly violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 15. Said article is further amended by adding a new Code section to read as follows:
"42-1-19. (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:

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(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 (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 of the jurisdiction where the petition is filed, the sheriff of the county where the petition is filed, and the sheriff of the county where the individual resides. 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:

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(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 individual 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 an individual from any requirements or restrictions to the sheriff and the district attorney of the jurisdiction where the petition is filed, to the sheriff of the county where the individual resides, to the Department of Corrections, and to the Georgia Bureau of Investigation."

SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 571.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

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 E Floyd
Fludd N Franklin Y Frazier Y Fullerton

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

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 Scott, M Sellier Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y 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
Hatfield Y Heard Y Heckstall

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

Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece
Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 motion, the ayes were 153, nays 1.

The motion prevailed.

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 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.

Representative Pruett of the 144th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1104 and that a Committee of Conference be

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appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Pruett of the 144th, Oliver of the 83rd and Collins of the 27th.
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 Senate substitute was read:
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;

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(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 if alternative sources are available, Medicaid is the payor of last resort; 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

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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. 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. 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 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."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pruett of the 144th moved that the House agree to the Senate substitute to HB 1040.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y 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
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E 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 E 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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin 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 Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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
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 motion, the ayes were 155, nays 1.

The motion prevailed.

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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 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 Senate substitute was read:
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. This exception shall be limited to Lake Oconee and Lake Sinclair and shall be limited to the duration of such construction."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Channell of the 116th moved that the House agree to the Senate substitute to HB 1359.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y 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
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins, D E 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 Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton 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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser
Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby 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 E Randall Y Reece Y Reese Y Rice
Roberts Y Rogers Y Rynders Y Scott, A

Y Scott, M Sellier
Y Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 motion, the ayes were 153, nays 0.

The motion prevailed.

HB 207. By Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th and others:

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A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to redefine the term "off-road vehicle"; to change certain provisions relating to operating restrictions; to change certain provisions relating to enforcement of said chapter and penalties for violations; to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, so as to provide for jurisdiction in certain cases relating to operation of off-road vehicles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, is amended by revising Code Section 40-7-3, relating to a definition of "off-road vehicle," as follows: "40-7-3. As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any selfpropelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes."
SECTION 1-2. Said chapter is further amended by revising Code Section 40-7-4, relating to operating restrictions, as follows:

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"40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment; (2) On any private property without the express written permission of the owner of the property or his or her agent; or (3) Within any perennial stream, except when directly crossing such stream. As used in this paragraph, the term 'perennial stream' means a stream:
(A) That under normal circumstances has water flowing year round; (B) That has the channel located below the ground-water table most of the year; (C) For which ground water is the primary source of water; and (D) For which runoff from rainfall is a supplemental source of water flow."
SECTION 1-3. Said chapter is further amended by revising Code Section 40-7-6, relating to enforcement of said chapter and penalties for violations, as follows:
"40-7-6. All peace officers shall enforce the provisions of this chapter. Any person who violates any provision of this chapter shall not thereby be guilty of a misdemeanor and, upon conviction thereof, criminal act but shall be punished by a fine not to exceed subject to a civil penalty of not less than $25.00."
PART II SECTION 2-1. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by adding a new Code section to read as follows: "15-9-30.8. In addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to hear cases of violations of Chapter 7 of Title 40 and to impose civil penalties for such violations as provided by Code Section 40-7-6."
PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed.
Representative Sims of the 169th moved that the House agree to the Senate substitute to HB 207.
On the motion, the roll call was ordered and the vote was as follows:

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Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson
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 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 E Collins, T Y 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 E 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

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

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris 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 E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

N Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 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 motion, the ayes were 149, nays 4.

The motion prevailed.

HB 329. By Representatives Golick of the 34th, Knox of the 24th, Hatfield of the 177th, Ramsey of the 72nd, Bearden of the 68th and others:

A BILL to be entitled an Act to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to change provisions relating to the maximum period of revocation after commission of a crime; to provide that for this purpose.

The following Senate substitute was read:

TUESDAY, APRIL 27, 2010

5103

A BILL

To amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to provide that the commission of a misdemeanor offense in another state which would be a felony in this state shall be treated the same as the commission of a felony offense in this state for purposes of probation revocation; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, is amended by revising subsection (d) as follows:
"(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime felony offense constituting the violation of the probation. For purposes of this Code section, the term 'felony offense' means:
(1) A felony offense; (2) A misdemeanor offense committed in another state on or after July 1, 2010, the elements of which are proven by a preponderance of evidence showing that such offense would constitute a felony if the act had been committed in this state; or (3) A misdemeanor offense committed in another state on or after July 1, 2010, that is admitted to by the defendant who also admits that such offense would be a felony if the act had been committed in this state."

SECTION 2. This Act shall become effective on July 1, 2010.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 329.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson

Y Crawford Y Davis Y Dawkins-Haigler Y Day
Dempsey

Hembree Henson Y Hill, C E Hill, C.A Y Holt

Y Marin Y Martin Y Maxwell
May Y Mayo

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon

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Y Ashe Y Austin Y Baker Y Barnard Y Battles E 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
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper
Cox

Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley
Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd Y 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 Y Hatfield Y Heard Y Heckstall

Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser
Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham
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 E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Sims, B Sims, C
Y Sinkfield Y Smith, B E 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 motion, the ayes were 151, nays 0.

The motion prevailed.

HB 493. By Representatives Brooks of the 63rd, Smyre of the 132nd, Porter of the 143rd, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, so as to change certain provisions relating to creation and purposes of the corps and rules and regulations related thereto; to change certain provisions relating to the director and administration of corps programs; to change certain provisions relating to location of and contracts for projects and prohibited uses of corps members; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

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5105

The Senate moves to amend HB 493 (LC 25 5458) by inserting after "programs;" on line 4 the following: to change provisions relating to enrollment of members;

By striking lines 19 and 20 and inserting in lieu thereof the following: "(c) The commissioner shall have the authority to contract with the Georgia Environmental Facilities Authority and the Department of Labor for purposes of management and installation of energy saving material or devices or other projects under this chapter. The commissioner, the Georgia Environmental Facilities Authority, and the Department of Labor are encouraged to use the corps for such purposes."

By inserting between lines 20 and 21 the following: SECTION 2A.
Said chapter is further amended by revising subparagraph (a)(2)(C) of Code Section 1211-7, relating to enrollment of members, as follows: "(C) Compliance is achieved with applicable federal and state labor laws and education laws, provided that Chapter 2 of Title 39 shall not be applicable."

Representative Brooks of the 63rd moved that the House agree to the Senate amendment to HB 493.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles 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 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 Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick

Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R

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

N Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B
Sims, C Y Sinkfield
Smith, B E 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

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Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Y Heckstall

Y Levitas Y Lindsey E Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Purcell Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 motion, the ayes were 155, nays 2.

The motion prevailed.

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.

The following Senate substitute was read:

A BILL

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subparagraph (G) of paragraph (4) of Code Section 33-36-3, relating to definitions, as follows:
"(G) A covered claim shall not include any first party first-party claim by an insured whose net worth exceeds $10 million on December 31 of the year next

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5107

preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; or any third party claim relating to a policy of an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and further provided that this exclusion shall not apply to third party claims against the insured where the insured has applied for or consented to the appointment of a receiver, trustee, or liquidator for all or a substantial part of its assets, filed a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law or, if an order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets."
SECTION 2. Said title is further amended by revising Code Section 33-36-9, relating to coverage afforded by insolvent insurers to become obligation of pool, as follows:
"33-36-9. In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become the obligation of the pool for a period of 30 days from the date of such determination or until policy expiration date if less than said 30 days or until the policy has been replaced by the insurer within said 30 days. The pool shall be deemed the insurer only to the extent of its obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent, including, but not limited to, the right to pursue and retain salvage and subrogation recoverable on paid covered claim obligations. The pool shall not be deemed the insolvent insurer for any purpose relating to the issue of whether the pool is amenable to the personal jurisdiction of the courts of any state. The pool is authorized to investigate, adjust, compromise, and settle covered claims or to investigate, handle, and deny noncovered claims. The pool shall have the authority, upon approval of the Commissioner, to borrow funds necessary to effect the purposes of this chapter. The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth, subject to such information being shared with any other association similar to the pool and the liquidator for the insolvent company on the same confidential basis. If the insured refuses to provide the requested financial information and an auditor's certification of the same where requested and available, the

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JOURNAL OF THE HOUSE

pool may deem the net worth of the insured, in the instance of a first party first-party claim, to be in excess of $10 million at the relevant time or, in the event of a third party claim, to be in excess of $25 million at the relevant time. In any lawsuit contesting the applicability of subparagraph (G) of paragraph (4) of Code Section 33-36-3 or subsection (d) of Code Section 33-36-14 where the insured has declined to provide financial information under the procedure provided pursuant to this Code section, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the pool its full costs, expenses, and reasonable attorney's fees in contesting the claim."
SECTION 3. Said title is further amended by revising Code Section 33-36-11, relating to the limitation for filing claims, claims filed after the final date set by court, and default judgments, as follows:
"33-36-11. (a) Notwithstanding any other provisions of this chapter, except as provided for in Code Section 33-36-20, a covered claim shall not include a claim filed with the pool after the earlier of (i) 18 months after the date of the order of liquidation, or (ii) the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insured's policy for incurred-but-not-reported incurred but not reported losses. (b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following an order of liquidation. (c) In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer."
SECTION 4. Said title is further amended by revising Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers prior to recovery, recovery of payment to claimants in excess of amounts authorized, reduction of liability of insured, and recovery of amounts paid on behalf of certain persons, as follows:
"33-36-14. (a) Any Except as provided for in Code Section 33-36-20, any person having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his or her rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as

TUESDAY, APRIL 27, 2010

5109

primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his or her rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers. (b) Any amount paid a claimant in excess of the amount authorized by this chapter may be recovered by an action brought by or on behalf of the pool. (c) To the extent that the pool's obligation is reduced by the application of this Code section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount. (d) The Except as provided for in Code Section 33-36-20, the pool shall have the right to recover from the following persons any person who is an affiliate of the insolvent insurer all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise:
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million;, provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"33-36-20. (a) It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers. In furtherance of this policy, it is the intent of the legislature, notwithstanding any provision of law to the contrary, that the Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances. (b) As used in this Code section, the term:
(1) 'Electing insured' means any insured under a workers' compensation insurance policy that is impacted by an emergency circumstance. Such term shall include but not be limited to governmental insureds and other insureds under a workers' compensation insurance policy impacted by an emergency circumstance whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim. (2) 'Emergency circumstance' means a circumstance in which an association or industrial insured captive insurance company, including such a captive company that subsequently was authorized to transact business pursuant to Chapter 3 of this title, that is issuing, or which has issued, workers' compensation insurance contracts and has been declared insolvent. (3) 'Emergency claimant' means any third-party claimant, under a workers' compensation insurance policy, who is impacted by an emergency circumstance and whose employer has, by a court of competent jurisdiction, been declared bankrupt or insolvent.

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(c) Any electing insured whose net worth is less than $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $20,000.00 per claim to the insolvency pool prior to October 1, 2010. Any electing insured whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $100,000.00 per claim to the insolvency pool prior to October 1, 2010. Claims of all emergency claimants shall be covered by the insolvency pool. (d) Claimants shall retain the right to pursue claims against any insured that is not an electing insured."
SECTION 6. Said title is further amended by revising Code Section 33-41-20.1, relating to the membership of captive insurance companies in Georgia Insurers Insolvency Pool, as follows:
"33-41-20.1. (a) On and after January 1, 2008, every Every association and industrial insured captive insurance company that is issuing, or which has issued, workers' compensation insurance contracts shall become be a member of the Georgia Insurers Insolvency Pool under Chapter 36 of this title as to workers' compensation only. Such captive insurance companies shall be liable for assessments pursuant to Code Section 33-36-7 and for all other obligations imposed pursuant to Chapter 36 of this title as to workers' compensation only. (b) The Georgia Insurers Insolvency Pool shall not be liable for For any workers' compensation insurance claims incurred by any association and industrial insured captive insurance company before January 1, 2008, the Georgia Insurers Insolvency Pool shall be liable in accordance with Code Section 33-36-20."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Rogers of the 26th moves to amend the Senate Insurance and Labor Committee substitute to HB 1364 (LC 37 1091S) by striking lines 10 through 64 and inserting in lieu thereof the following:

TUESDAY, APRIL 27, 2010

5111

revising Code Section 33-36-11, relating to the limitation for

By redesignating Sections 4 through 8 as Sections 2 through 6, respectively.

By striking lines 102 through 107 and inserting in lieu thereof the following:

(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million; provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer."

By replacing "$20,000.00" with "$10,000.00" on line 133.

By replacing "$100,000.00" with "$50,000.00" on line 137.

By deleting lines 146 through 148 and inserting in lieu thereof the following:

(a) On and after January 1, 2008, every association and industrial insured captive insurance company issuing workers' compensation insurance contracts shall become a member of the Georgia Insurers Insolvency Pool under Chapter

By deleting lines 152 through 155 and inserting in lieu thereof the following:

(b) Except as provided for in Code Section 33-36-20, the The Georgia Insurers Insolvency Pool shall not be liable for any claims incurred by any captive insurance company before January 1, 2008.

Representative Rogers of the 26th moved that the House agree to the Senate substitute, as amended by the House, to HB 1364.

On the motion, the roll call was ordered and the vote was as follows:

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

Crawford Y Davis Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dodson
Dollar Y Dooley Y Drenner
Dukes

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

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

N Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L

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

N Ehrhart Y England Y Epps, C Y Epps, J N Everson E Floyd
Fludd N Franklin Y Frazier
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

E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser
Keen Y Keown Y Kidd Y Knight N Knox Y Lane, B Y Lane, R N Levitas
Lindsey E Long
Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning

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 N Ramsey E Randall Y Reece N Reese N Rice
Roberts Y Rogers
Rynders Y Scott, A

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 N Weldon Y Wilkinson Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker

On the motion, the ayes were 122, nays 21.

The motion prevailed.

Representative May of the 111th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Resolution of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

TUESDAY, APRIL 27, 2010

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COMMITTEE OF CONFERENCE REPORT ON HR 178

The Committee of Conference on HR 178 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 178 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Cowsert Senator, 46th District

/s/ Wendell Willard Representative, 49th District

/s/ B. Seth Harp Senator, 29th District

/s/ Mike Coan Representative, 101st District

/s/ Bill Hamrick Senator, 30th District

/s/ Kevin Levitas Representative, 82nd District

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, 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.

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(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 make Georgia more economically competitive by authorizing legislation to uphold
( ) NO reasonable competitive agreements?" 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 Coan of the 101st moved that the House adopt the report of the Committee of Conference on HR 178.

On the motion, the roll call was ordered and the vote was as follows:

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

Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart

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

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 Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B
Sims, C Y Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R

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5115

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 E Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton 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 Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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 E 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 Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet N 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 motion, the ayes were 152, nays 3.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate action 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 Senate substitute was read:

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

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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 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, so as to exclude emergency response vehicles from the requirements relating to use of retreaded tires; 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 of Code Sections 15-21-2 and 40-13-26 of the Official Code of Georgia Annotated; 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 an automatic repeal; 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:
PART I SECTION 1-1. 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 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."

TUESDAY, APRIL 27, 2010

5117

SECTION 1-2. 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 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 an official state vehicle which is used to respond to public safety emergencies unless the use of retreaded tires on such a vehicle is expressly approved by the agency, department, or authority responsible for the operation of the vehicle."

PART II SECTION 2-1. 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 2-2. 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.

PART III SECTION 3-1. This Act shall become effective on July 1, 2010, and Part 1 of this Act shall stand repealed on June 30, 2013.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambers of the 81st moved that the House agree to the Senate substitute to HB 981.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Allison Y Amerson

Crawford Y Davis Y Dawkins-Haigler Y Day

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

Y Marin Y Martin Y Maxwell
May

Y Scott, M Y Sellier
Setzler Shaw

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Y Anderson 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
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

Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner
Dukes Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton 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 E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y 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 N Parsons Y Peake Y Porter Y Powell, A
Powell, J Y Pruett Y Purcell
Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Sheldon Sims, B
Y Sims, C Y Sinkfield Y Smith, B E 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 motion, the ayes were 149, nays 2.

The motion prevailed.

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.

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

TUESDAY, APRIL 27, 2010

5119

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR #2 TUESDAY, APRIL 27, 2010

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

SB 7 SB 22 SB 173 SB 239 SB 287 SB 291 SB 299 SB 308

Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly (Substitute)(Judy-Pruett-144th) Tarver-22nd Georgia Coordinating Council for Rural and Human Services Transportation; establish (Substitute)(Trans-Sheldon-105th) Stoner-6th Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions (JudyNC-Golick34th) Hamrick-30th Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days (Substitute)(Ed-Mayo91st) Ramsey, Sr.-43rd Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number (Substitute)(MotVRice-51st) Hill-32nd Firearms; laws concerning carrying of concealed weapons; revise comprehensively (PS&HS-Dempsey-13th) Shafer-48th Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions (Substitute)(JudyNC-Williams-89th) Jones-10th Firearms; carrying and possession; change provisions; definitions (Substitute)(JudyNC-Horne-71st) Seabaugh-28th

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SB 384
SB 339 SB 415
SB 454
SB 474 SB 480 SB 520 SB 521 SB 523
SR 1231

Buildings; pre-owned manufactured homes; provide Safety Fire Commissioner shall promulgate standards (Substitute)(GAff-Jerguson22nd) Bulloch-11th Contractors; allow utility contractors to bid upon/perform work on any utility system in this state (RegI-Powell-29th) Seabaugh-28th Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission (Substitute)(RegI-Neal1st) Mullis-53rd Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance (Substitute)(JudyNC-Lindsey-54th) Douglas-17th Wildlife; possession of native wild animal killed by motor vehicle; provide exceptions and conditions (Substitute)(GF&P-Knight-126th) Thomas-54th State Council of Economic Advisors; creation; provide composition, duties, and responsibilities (B&FAO-Hill-21st) Hill-4th Transportation Dept.; provide for an Intermodal Division within the department (Trans-Hamilton-23rd) Mullis-53rd Education; provide for enrollment counts for students in certain dual enrollment programs (Substitute)(Ed-Coleman-97th) Weber-40th Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members (Substitute)(ED&T-Cole-125th) Cowsert-46th Governmental Energy Efficiency; authorize obligations of the state; vendors guarantee realization of specified savings to improvements-CA (Substitute)(SI&P-Barnard-166th) Chance-16th

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 Senate were taken up for consideration and read the third time:

TUESDAY, APRIL 27, 2010

5121

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.

The report of the Committee, which was favorable to the 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
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 E 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
Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton 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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown
Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
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 E 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
Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following Committee substitute was read:
A BILL
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 native wildlife which has been killed by a motor vehicle; to provide exceptions and conditions; to require notification in the case of bear; 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 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of wildlife, is amended by revising paragraph (3) of subsection (a) of Code Section 27-3-26, relating to hunting bears, restrictions, and penalties, as follows:
"(3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears and except as provided in Code Section 27-3-28."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"27-3-28. (a) Except as otherwise provided in this Code section, any person may lawfully possess native wildlife which has been accidentally killed by a motor vehicle. The following exceptions and conditions to this general rule shall apply:
(1) Any person taking possession of a bear accidentally killed by a motor vehicle shall notify the department or a law enforcement officer of the fact and location of the

TUESDAY, APRIL 27, 2010

5123

taking of possession and his or her name and address within 48 hours after taking possession of the bear; and (2) This Code section shall not authorize any person to take possession of any animal of a species designated as a protected species under Article 5 of this chapter or under federal law. (b) A law enforcement officer receiving a report of a person taking possession of a bear under paragraph (1) of subsection (a) of this Code section shall in turn transmit the reported information to the department within 48 hours after receipt of such information."
SECTION 3. Said article is further amended by repealing and reserving Code Section 27-3-47, relating to collision with a deer by a motor vehicle, as follows:
"27-3-47. Reserved. Any person who, while driving a motor vehicle, is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest conservation ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the conservation ranger may deliver the carcass to the institution for consumption and shall obtain receipts therefor. If no such institution exists within the county and there is no cause to question the accidental killing of the deer, the conservation ranger may, at his discretion, award the carcass to the person who hit the deer, to be possessed and consumed only by the immediate family of such person. Receipts shall be acquired for a deer so awarded."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Knight of the 126th and Lane of the 158th move to amend SB 474 by striking lines 1 through 49 and inserting in lieu thereof the following:
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to specify a date certain for rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; 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 provide that in general any person may take possession of native wildlife which has been killed

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JOURNAL OF THE HOUSE

by a motor vehicle; to provide exceptions and conditions; to require notification in the case of bear; 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 change certain provisions relating to possessing weakfish; to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to provide that hunting operations shall not be nuisances under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 Code Section 27-1-39, relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the terms 'rules and regulations' shall mean those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2008 January 1, 2010."
SECTION 3. 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 (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer;"

TUESDAY, APRIL 27, 2010

5125

SECTION 4.

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

12

1 2"

SECTION 5. 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 6. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 27-3-26, relating to hunting bears, restrictions, and penalties, as follows:
"(3) Possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bears and except as provided in Code Section 27-3-28."

SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"27-3-28. (a) Except as otherwise provided in this Code section, any person may lawfully possess native wildlife which has been accidentally killed by a motor vehicle. The following exceptions and conditions to this general rule shall apply:
(1) Any person taking possession of a bear accidentally killed by a motor vehicle shall notify the department or a law enforcement officer of the fact and location of the taking of possession and his or her name and address within 48 hours after taking possession of the bear; and (2) This Code section shall not authorize any person to take possession of any animal of a species designated as a protected species under Article 5 of this chapter or under federal law. (b) A law enforcement officer receiving a report of a person taking possession of a bear under paragraph (1) of subsection (a) of this Code section shall in turn transmit the reported information to the department within 48 hours after receipt of such information."

SECTION 8. Said title is further amended by repealing and reserving Code Section 27-3-47, relating to collision with a deer by a motor vehicle, as follows:

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JOURNAL OF THE HOUSE

"27-3-47. Reserved. Any person who, while driving a motor vehicle, is involved in a collision with a deer shall, if the deer is killed, immediately notify the nearest conservation ranger or sheriff's office. If there exists a charitable institution or prison within the county which can make use of the carcass, the conservation ranger may deliver the carcass to the institution for consumption and shall obtain receipts therefor. If no such institution exists within the county and there is no cause to question the accidental killing of the deer, the conservation ranger may, at his discretion, award the carcass to the person who hit the deer, to be possessed and consumed only by the immediate family of such person. Receipts shall be acquired for a deer so awarded."
SECTION 9. 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.
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.

TUESDAY, APRIL 27, 2010

5127

(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.
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.

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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 10.

Said title is further amended by revising paragraph (2) of subsection (c) of Code Section

27-4-130.1, relating to open seasons, creel and possession limits, and minimum size

limits for certain finfish species, as follows:

"(2) Weakfish

All year

61

13 inches"

SECTION 11. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by adding a new Code section to read as follows:
"41-1-10. (a) As used in this Code section, the term 'hunting operation' means an operation including any of the following:
(1) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve; (2) Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility, or field trial facility for the breeding, showing, raising or training of hunting and sporting dogs; or (3) Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the lands and uses described in paragraphs (1) and (2) of this subsection. (b) No hunting operation shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such hunting operation if the hunting operation has been in operation for at least one year since the date on which it commenced activity as a hunting operation. Subsequent physical expansion of the hunting operation shall not establish a new date of commencement of activity for purposes of this Code section. (c) No hunting operation shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to lawful hunting activities generated by the hunting operation if the hunting operation remains in compliance with Title 27 and the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27.

TUESDAY, APRIL 27, 2010

5129

(d) This Code section shall not apply to hunting operations which are conducted in violation of any provision of Title 27 or the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27."

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 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 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
Bruce Y Bryant Y Buckner E 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 N 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 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 Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E 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
Mosby Y Murphy Y Neal
Nix Y Oliver
O'Neal Y Parrish Y Parsons
Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece Y Reese

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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JOURNAL OF THE HOUSE

Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y 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 Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 3.

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

Representative Peake of the 137th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 474 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 474.

/s/ Bobby Franklin Representative, District 43

The following Bill of the House was taken up for the purpose of considering the Senate action 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.

Representative Manning of the 32nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1198 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives O`Neal of the 146th, Manning of the 32nd and Knight of the 126th.

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

SB 7.

By Senator Tarver of the 22nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, so as to require an oath or affirmation for purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to increase the jurisdictional limit in civil claims; 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 for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by revising paragraph (5) of Code Section 15-10-2, relating to jurisdiction for magistrate courts, as follows:
"(5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00 $25,000.00, provided that no prejudgment attachment may be granted;"

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SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 15-10-105, relating to magistrate court clerks, and by adding a new subsection to read 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." "(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. Section 1 of this Act shall become effective on July 1, 2010, and shall apply to civil actions filed on or after July 1, 2010. The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Amerson of the 9th moves to amend SB 7 (LC 29 4415S) by striking lines 1 through 32 and inserting in lieu thereof the following:
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, 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 for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by revising subsection (a) of Code Section 15-10-105, relating to magistrate court clerks, and by adding a new subsection to read 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

TUESDAY, APRIL 27, 2010

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clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section." "(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 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 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
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 Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers

Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar N Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Hembree Y Henson N Hill, C E Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James
Jerguson Y Johnson Y Jones, J Y Jones, S
Jordan E Kaiser
Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas

Y Marin Y Martin Y Maxwell N 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 Pruett Y Purcell

N Scott, M Y Sellier
Setzler Shaw N Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E Smith, E N Smith, K Y Smith, L Smith, R Y Smith, T Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet Y Thomas N Thompson VACANT Y Walker Y Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N Cox

Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

Y Lindsey E Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Ramsey E Randall Y Reece N Reese Y Rice Y Roberts Y Rogers
Rynders Y Scott, A

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, as amended, the ayes were 129, nays 22.

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

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 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.

The following Committee substitute was read:

A BILL

To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that a person who owns or has the right to use real property may install and occupy a pre-owned manufactured home on such property under certain circumstances; to provide for health and safety standards for pre-owned manufactured homes; to provide for certain immunities; to prohibit certain regulations by local jurisdictions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by adding a new part to read as follows:
"Part 3A
8-2-170. As used in this part, the term:
(1) 'Install' means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home. (2) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (3) 'Pre-owned manufactured home' is any manufactured home that has been previously used as a residential dwelling and has been titled.
8-2-171. (a) On and after September 1, 2010, any person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on such property, provided that such pre-owned manufactured home is in compliance with the provisions of this part and any applicable county or municipal zoning ordinances. (b) No county or municipality shall impose any health and safety standards or conditions based upon the age of a manufactured home. (c) A county or municipality may establish health and safety standards and conditions and an inspection program for pre-owned manufactured homes which are relocated from their current locations. (d) Neither a county or municipality nor any inspector thereof inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

An amendment by Representative Harden of the 28th was ruled out of order.

The Committee substitute was adopted.

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

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

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

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

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

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

Y Scott, M Y Sellier N Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre N Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson
VACANT N Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix

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5137

Y Cooper Y Cox

N Heard Y Heckstall

N Mangham Y Manning

Y Rynders Y Scott, A

Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 100, nays 52.

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

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.

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.

The following Committee substitute was read and adopted:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize state multiyear contracts 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.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section IV of the Constitution is amended by adding a new Paragraph to read as follows:
"Paragraph XII. Multiyear contracts for energy efficiency or conservation improvement. The General Assembly may by general law authorize state governmental entities to incur debt for the purpose of entering into multiyear contracts for governmental energy efficiency or conservation improvement projects in which payments are guaranteed over the term of the contract by vendors based on the realization of specified savings or revenue gains attributable solely to the

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improvements; provided, however, that any such contract shall not exceed ten years unless otherwise provided 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 be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear
( ) NO contracts which obligate state funds for energy efficiency or conservation improvement projects?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against 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:

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 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 E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas

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
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 Scott, M Y Sellier N Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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 Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
VACANT Y Walker
Weldon

TUESDAY, APRIL 27, 2010

5139

Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins, D E 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 E Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Ramsey E 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 adoption of the Resolution, by substitute, the ayes were 154, nays 2.

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

Representative Reese of the 98th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read:

A BILL

To amend Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement permits or licenses, so as to provide that when a person reports that his or her instructional permit or driver's license has been lost, stolen, or forged, the department shall charge a fee for a replacement permit or license; to provide that the department shall offer such license or permit holder the option of being issued a replacement permit or license with a new number; to provide that the replaced number of the lost, stolen, or forged permit or 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 as lost, stolen, or forged and no longer valid; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 40-5-31 of the Official Code of Georgia Annotated, relating to replacement permits or licenses, is amended by revising subsection (a) and adding a new subsection to read as follows:
"(a) In the event that an instruction permit or a driver's license issued under this chapter is lost or destroyed, the person to whom the same was issued may upon payment of the required fee and upon furnishing proof satisfactory to the department that such permit has been lost or destroyed:
(1) Obtain a new permit or license; or (2) Obtain a replacement permit or license. A new permit obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-24. A new license obtained under this Code section shall be obtained in the same manner and under the same conditions and limitations as provided in Code Section 40-5-32, relating to renewals of licenses. A first replacement permit or license obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $5.00, and no examination or eyesight test shall be required to obtain such replacement permit. All subsequent replacement permits or licenses obtained under this Code section shall be issued only for the remaining period for which the original permit or license was issued for a fee of $10.00, and no examination or eyesight test shall be required to obtain such replacement permit." "(e) When a person to whom an instruction permit or driver's license has been issued reports to the department that such instruction permit or driver's license has been lost, stolen, or forged and requests a replacement permit or license, pays the required fee, and provides proof sufficient to the department that such permit or license has been lost, stolen, or forged, the department shall offer to issue a replacement permit or license as provided in this Code section with a new number. If the holder of the license or permit elects to have the department issue a replacement driver's license or permit with a new number, the department shall either remove the previous permit or license number from the data base of valid permits and licenses maintained by the department or indicate in the data base that the permit or license associated with such number has been reported as lost, stolen, or forged and is no longer active or valid."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Collins of the 27th and Ralston of the 7th move to amend SB 287 (LC 34 2693S) by striking lines 1 through 2 and inserting in lieu thereof the following:

TUESDAY, APRIL 27, 2010

5141

To amend Article 1 of Chapter 10 of Title 17 and Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment and the issuance, expiration, and renewal of drivers' licenses, respectively, so as to provide that any person convicted of a felony offense shall have such conviction demarcated on his or her driver's license for the length of his or her sentence; to provide for procedure; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for license suspension under certain circumstances; to provide that when a person reports that his or her
By striking lines 13 through 14 and inserting in lieu thereof the following:
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, is amended in Code Section 17-10-1, relating to the fixing of sentence, by adding a new subsection to read as follows:
"(h) In sentencing any defendant convicted of a felony, other than a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of Title 42, the judge shall inform the defendant that his or her driver's license shall be submitted to the Department of Driver Services within 20 days of the date that the court imposed such sentence in order to have a new driver's license issued with a demarcation for being a convicted felon and that failure to submit his or her license shall result in a license suspension. In the event that the defendant's driver's license is lost or for any other reason surrender is impossible, a sworn affidavit indicating the status of such license shall be submitted to the department. The court imposing such sentence shall forward, within three business days after such conviction, a copy of its order of the disposition of the case to the Department of Driver Services."
SECTION 2. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by revising subsection (a) of Code Section 40-5-31, relating to replacement permits or licenses, and adding a new subsection to
By striking line 44 and inserting in lieu thereof the following:
SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"40-5-38. (a) Any person who has been convicted of a felony shall be issued a replacement driver's license for a fee of $25.00 bearing a demarcation of 'convicted felon,' and such license shall be issued for the remaining period for which the original license was

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issued, and no examination or eyesight test shall be required to obtain such replacement license. Renewal licenses for such person shall bear such demarcation. (b) The 'convicted felon' demarcation shall remain on the defendant's driver's license for the length of the defendant's sentence. If the defendant's sentence expires before the expiration of the license, the defendant may apply for a replacement license for a fee of $25.00 which shall not bear such demarcation for the remaining period for which the original license was issued, and no examination or eyesight test shall be required to obtain such replacement license. (c) The defendant shall submit his or her driver's license to the department as provided by subsection (h) of Code Section 17-10-1 and pursuant to the department's rules and regulations governing such licenses."

SECTION 4. Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, is amended by adding a new Code section to read as follows:
"40-5-57.4. Any person who is convicted of a felony who fails to surrender his or her driver's license or submit a lost license affidavit in accordance with subsection (h) of Code Section 17-10-1 and Code Section 40-5-38 shall have his or her license suspended for the balance of his or her sentence. After the suspension period and after such person pays a restoration fee of $60.00 or, if processed by mail, $50.00, the suspension shall terminate, and the department shall return such driver's license to such person."

SECTION 5.

On the adoption of the amendment, 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 N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce

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

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

N Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal
Nix Y Oliver

Y Scott, M Sellier Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T
Smyre N Stephens, M
Stephens, R N Stephenson

TUESDAY, APRIL 27, 2010

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N Bryant N Buckner E Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

E Kaiser Y Keen Y Keown Y Kidd
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham Y Manning

Y O'Neal Parrish
Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Stout Y Talton N Taylor Y 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 Y Wix Y Yates
Ralston, Speaker

On the adoption of the amendment, the ayes were 102, nays 46.

The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

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

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell Y Benfield Y Benton Y Black N Brooks
Bruce N Bryant Y Buckner E Burkhalter

Crawford Davis Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dodson Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson E Floyd Fludd N Franklin N Frazier

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

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

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E Smith, E Y Smith, K Y Smith, L Y Smith, R
Smith, T Smyre N Stephens, M Y Stephens, R Stephenson Y Stout Y Talton N Taylor

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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

Fullerton Gardner Y Geisinger Y Glanton Golick N Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Harden, M Y Hatfield N Heard N Heckstall

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

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 Teilhet Y Thomas Y Thompson
VACANT Y Walker
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, by substitute, as amended, the ayes were 119, nays 28.

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

House of Representatives Atlanta, Georgia 30334

This version of SB 287 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 287.

/s/ Bobby Franklin Representative, District 43

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

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provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam 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 Y Buckner 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 E Collins, T Y Cooper Y Cox

Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dodson Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Fludd Franklin N Frazier Y 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 N Heckstall

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

Y 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 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 Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E 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 Y Teilhet N Thomas N Thompson
VACANT 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, the ayes were 120, nays 37.

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

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Representatives Byrd of the 20th, Jackson of the 142nd 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 Mangham of the 94th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to revise definitions; to provide for classes of machines, location licenses, fees, procedures for collection and refunds, display of certificates, contents of certificates and stickers, duplicate permits, and late fees; to provide for the terms and conditions of location licenses and annual fees for additional machines; to provide that applications for licenses and permits are open to public inspection; to provide for issuance, renewal, denial, suspension, and revocation of such licenses and permits; to provide for the continued validity of prior existing obligations to the state; to provide that this Act shall not affect offenses committed or prosecutions begun under preexisting law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, is amended by adding new paragraphs to Code Section 48-17-1, relating to definitions, to read as follows:
"(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine and:
(A) Provides no reward to a successful player; or (B) Rewards a successful player with free replays or additional time to play.

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(2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35." "(3.1) 'Location license' means the initial and annually renewed license which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2) 'Location license fee' means the fee paid to obtain the location license." "(7.1) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35 after each play." "(9) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (10) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11) 'Temporary location permit' means the permit which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses."
SECTION 2. Said chapter is further amended by revising Code Section 48-17-2, relating to license fees, as follows:
"48-17-2. (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. For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $500.00. (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;

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(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.
(B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. 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 $1,500.00; or (3)(C) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $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 Code section 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 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license for the period from July 1 to June 30. 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 Code section 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 license or permit period. (a.1) Every business owner or business operator, as defined in Code Section 48-17-1, shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business owner or business operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (b) A copy of an owner's master license and the business owner's or business operator's location license shall be prominently displayed at all locations where the owner has and business owner or business operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fee fees levied under this Code section.

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(c) Each master license and each location license shall not list the name and address of the owner but shall have a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system or business owner or business operator, as applicable. (d) The commissioner may provide a duplicate original master license certificate or location license certificate if the original master license certificate has been lost, stolen, or destroyed. The fee for a duplicate original master license certificate is $100.00. If the original master license certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the master license certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed master license certificate, if applicable, before a duplicate original master license certificate can be issued. A master license certificate for which a duplicate master license certificate has been issued is void. (e) A master license or permit issued under this chapter Code section:
(1) Is effective for a single business entity; (2) Vests no property or right in the licensee holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business owners and business operators, and not subject to execution; and (4) Expires upon the death of an individual licensee holder of a license or permit or upon the dissolution of any other licensee holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner by December June 1 of each year. (g) Acceptance of a master license or permit issued under this chapter Code section constitutes consent by the licensee and the business owner or business operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or his the commissioner's agents may freely enter the licensed business premises where the licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter. (h) An application for a master license or permit to do business under this chapter shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required of by the application to secure a sales tax number for the State of Georgia. (i) The An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department An application is subject to public inspection.

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(k) A renewal application filed on or after January July 1, but before the master license expires, shall be accompanied by a late fee of $125.00. If an owner's master license has been expired for more than 90 days, the owner may not renew the master license. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business owner or business operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) An owner A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the licensee holder of the license is notified by the commissioner prior to the license expiration date of a problem with the license renewal. (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses."
SECTION 3. Said chapter is further amended by revising Code Section 48-17-9, relating to payment and collection of annual permit fee, as follows:
"48-17-9. (a) Every owner, except an owner holding a coin operated amusement 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 an annual permit fee of $25.00 per for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B 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 payment for each bona fide coin operated amusement machine. The annual fees levied by this chapter will shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. 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 bona fide coin operated amusement machine prior to the end of any calendar year license or permit period. (b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit

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stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (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. 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 4. Said chapter is further amended by revising Code Section 48-17-11, relating to permit fees for additional machines, as follows:
"48-17-11. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the $25.00 applicable annual 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 equal to twice the applicable annual permit fee shall be assessed by the commissioner for every machine in operation without a permit sticker."
SECTION 5. Said chapter is further amended by revising Code Section 48-17-14, relating to validity of prior existing obligations to state, as follows:
"48-17-14. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title as it existed prior to January 1, 1993, the effective date of the amendment of this Code section shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to January 1, 1993, the effective date of the amendment of this Code section are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state."

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SECTION 6. This Act shall become effective on July 1, 2010.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

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 N Cheokas Y Coan Y Cole Y Coleman Y Collins, D E 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 E Floyd
Fludd N Franklin Y Frazier
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 E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas
Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 E Randall Y Reece N 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 E 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
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 156, nays 5.

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

Due to a mechanical malfunction, the vote of Representative Lindsey of the 54th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The report of the Committee, which was favorable to the 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
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
Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton

Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E Kaiser Y Keen Y Keown
Kidd Y Knight Y Knox Y Lane, B
Lane, R Y Levitas Y Lindsey E Long

Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver 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 Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B E 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

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

Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y 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 Y Williams, R
Wix Y Yates
Ralston, Speaker

On the passage of the Bill, the ayes were 154, nays 1.

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

Representative Rice of the 51st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following amendment was read and adopted:

The House Committee on Rules offers the following amendment:

Amend SB 480 (LC 28 5158) by inserting after "matters;" on line 4 "to provide an effective date;".

By inserting between line 35 and 36 the following:

SECTION 2. This Act shall become effective on July 1, 2011.

By redesignating Section 2 as Section 3.

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

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

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

N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson E Floyd E Fludd N 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 N Hatfield Y Heard Y Heckstall

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

Y Marin Y Martin Y Maxwell N 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
Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey E Randall N Reece N Reese Y Rice N Roberts Y Rogers Y Rynders N Scott, A

Scott, M Sellier Y Setzler Shaw Y Sheldon Sims, B Y Sims, C N Sinkfield Y Smith, B E 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 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 passage of the Bill, as amended, the ayes were 123, nays 33.

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

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 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

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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.
The following Committee substitute was read:
A BILL
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 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 provide for requests for proposals for new locations or alternative ownership, management and operation at the same location; to rename the Georgia Music Hall of Fame Authority Overview Committee and provide it with a legislative oversight function with respect to both authorities named above; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state authorities involved with conservation, natural resources, and cultural activities, is amended by revising Code Section 12-3-562, relating to the Georgia Sports Hall of Fame Authority, and adding a new Code Section 12-3-562.1 as follows:
"12-3-562. (a) There is created a body corporate and politic to be known as the Georgia Sports Hall of Fame Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts of this state.
(b)(1) The terms of all members of the authority who are in office on April 30, 1998 2010, shall terminate on such date, and new members shall be appointed to the authority for initial terms beginning on May 1, 1998, as specified in this subsection.

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From May 1, 1998, until January 1, 1999, the authority shall consist of 16 members. Thereafter, the authority shall consist of 18 members Effective July 1, 2010, the authority shall be under the governance of new members appointed as provided in paragraph (2) of this subsection. (2) Members shall be appointed as follows:
(A) Three Five members shall be appointed by the Governor for initial terms of office ending on January 1, 1999; (B) Three members shall be appointed by the Governor for initial terms of office ending on June 30, 2000; (C) Two members shall be appointed by the Governor for initial terms of office ending on December 31, 2000; (D) Five members shall be appointed by the Governor for initial terms of office ending on December 31, 2002; (E) One member shall be appointed by the President of the Senate for an initial term of office ending on January 1, 1999; (F)(B) Two members shall be appointed by the President of the Senate for initial terms of office ending on December 31, 2002; and (G) One member shall be appointed by the Speaker of the House of Representatives for an initial term of office ending on January 1, 1999; and (H)(C) Two members shall be appointed by the Speaker of the House of Representatives for initial terms of office ending on December 31, 2002. (3) A successor to each member shall be appointed by the same appointing official as provided in paragraph (2) of this subsection, provided that the Governor shall appoint successors for only two of the members appointed by the Governor with initial terms ending on January 1, 1999. Following the initial terms specified in paragraph (2) of this subsection, the terms of all members shall be four years. The members appointed to take office on July 1, 2010, shall serve until December 31, 2011, and until their respective successors are appointed and qualified. Successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. A member may be appointed to succeed himself or herself. (4) Any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, may be appointed and serve as a member of the authority. (c) 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 authority shall elect its own officers. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (d) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority the same daily expense allowance and reimbursement for transportation costs as provided for members of the General Assembly, as provided for in Code Section 45-7-21; and the members of the authority may be reimbursed from funds of the authority for reasonable mileage expenses

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incurred in furtherance of official business of the authority. Otherwise, they shall not receive any other compensation for their services as such. (e) The authority 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 part or impair the obligations of any contracts existing under this part. (f) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor. (g) The authority is assigned to the Department of Economic Development for administrative purposes only. (h) The authority shall appoint, with the prior consent of the commissioner of economic development, appropriate staff as needed who shall be experienced and competent in such areas as management, fund raising, and marketing. The staff shall serve at the pleasure of the authority and shall be compensated from funds of the authority in such amount as shall be fixed by the authority. (i) The authority may create and may enter into cooperative agreements with a nonprofit corporation to serve as a foundation to assist with the raising of funds and the generation of revenues for the purposes of the authority.
12-3-562.1. 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. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management and other activities so as to achieve such efficiencies and economies. Not later than December 31, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than July 1, 2011. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than November 1, 2011, submit to the Governor, the

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Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals."
SECTION 2. Said article is further amended by adding a new Code Section 12-3-522.1 to read as follows:
"12-3-522.1. The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall to the maximum extent possible work jointly to realize efficiencies and economies in the operation of their adjacent facilities. The two authorities shall make all possible efforts to consolidate and coordinate marketing, operational, maintenance, property management and other activities so as to achieve such efficiencies and economies. Not later than December 31, 2010, each such hall of fame authority shall issue a request for proposals for a new location or alternative ownership, management and operation at the same location for the respective hall of fame facility. Such requests for proposals shall be disseminated to each county and municipal governing authority in the state and shall require that any proposal be submitted not later than July 1, 2011. Any county or municipality wherein such a hall of fame authority is located shall be eligible to submit a proposal; and it is the intention of the General Assembly that such a proposal shall be required as a condition for continued state funding support in a current location. Upon receipt of one or more proposals, the hall of fame authority shall conduct a staff review of each proposal received. A primary consideration in the review of the proposals shall be the effect of each proposal on the current and future operating budgets of the authority and self-sustainability of the authority, including a determination of whether cost savings and operational efficiencies can be effected through moving to a new location or alternative ownership, management and operation at the same location as proposed. Upon completion of the staff review, the findings shall be submitted to the governing body of the hall of fame authority. Each hall of fame authority shall not later than November 1, 2011, submit to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the Senate and House appropriations committees a report detailing the activities of the authority with respect to issuance of the request for proposals, receipt and evaluation of proposals, and the decision of the authority with respect to acceptance of proposals."
SECTION 3. Said article is further amended by revising Part 11, relating to the Georgia Music Hall of Fame Authority Overview Committee, as follows:

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"12-3-550. There is created as a joint committee of the General Assembly the Georgia Music Hall of Halls of Fame Authority Overview Committee to be composed of five members of the House of Representatives appointed by the Speaker of the House and five members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairman of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairman of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee. The chairman and vice chairman 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 chairman or vice chairman of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority, as well as periodically review and evaluate the success with which the each authority is accomplishing its statutory duties and functions as provided in this part article.
12-3-551. The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.
12-3-552. The Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The Each authority shall submit to the committee such reports and data as the committee shall reasonably require of the each authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority two authorities. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Music Hall of Fame Authority two authorities, as set forth in this part.

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12-3-553. In the discharge of its duties, the committee shall evaluate the performance of the Georgia Music Hall of Fame Authority and the Georgia Sports Hall of Fame Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities.
12-3-554. (a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government."
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 Cole of the 125th moves to amend the substitute to SB 523 (LC 38 1164S) on lines 97 and 125 by changing the date "December 31, 2010" to the date "September 30, 2010"; on lines 101 and 129 by changing the date "July 1, 2011" to the date "December 31, 2010"; on lines 112 and 140 by changing the date "November 1, 2011" to the date "April 30, 2011".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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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 Butler N Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N 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 E Floyd E Fludd N 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 N Hatfield Y Heard Y Heckstall

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

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey E Randall Y Reece N 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 Y Sims, C Y Sinkfield Y Smith, B E 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, as amended, the ayes were 149, nays 9.

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

SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others:

A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local

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school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
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 15 days; to provide for reporting violations of mandatory attendance requirements; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising Code Section 20-2-690.1, relating to mandatory education for children, as follows:
"20-2-690.1. (a) Mandatory attendance in a public school, private school, or home school program shall be required for children between their sixth and sixteenth birthdays. Such mandatory attendance shall not be required where the child has successfully completed all requirements for a high school diploma. Any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance pursuant to this subsection who becomes a new resident of a local school system in this state shall, within 15 days of such new residency or by the start date of school if such new residency occurs prior to such start date, enroll such child or children in a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program. Failure to enroll such child or children within 15 days of such new residency or the start date of school if such new residency occurs prior to such start date shall constitute a violation of this Code section. (b) Every parent, guardian, or other person residing within this state having control or charge of any child or children during the ages of mandatory attendance as required in subsection (a) of this Code section shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home

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study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and physical exams for military service and the National Guard and such other approved absences as provided for by law or by the local board of education shall be excused absences. The requirements of this subsection shall apply to a child during the ages of mandatory attendance as required in subsection (a) of this Code section who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate, and to the parent, guardian, or other person residing in this state who has control or charge of such child. Nothing in this Code section shall be construed to require a local board of education or its delegate to assign a child to attend an alternative public school program rather than suspending or expelling the child. (c) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a written summary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September 1 shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end of the school year.

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(d)(c) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers local school system officials in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart.
(d)(1) Local school system officials or other persons may make and file a report to the appropriate enforcement agency regarding any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance requirements pursuant to subsection (a) of this Code section whose child or children are not regularly attending school including a child who has been assigned by a local board of education or its delegate to attend an alternative public school program established by that local board of education, including an alternative public school program provided for in Code Section 20-2-154.1, regardless of whether such child has been suspended or expelled from another public school program by that local board of education or its delegate pursuant to subsection (b) of this Code section. (2) Local school system officials or other persons shall make and file a report to the appropriate enforcement agency regarding any parent, guardian, or other person having control or charge of any child or children subject to mandatory attendance requirements pursuant to subsection (a) of this Code section who have accumulated 30 days of unexcused absences. (3) Local school systems shall cooperate in the investigation and prosecution of mandatory attendance violations in accordance with Code Section 20-2-694. (e) No case shall constitute a violation of this Code section unless said child has accumulated five or more days of unexcused absences. Each day's absence from school in violation of this part after the child's school system or its delegate notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two or more reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first class mail and upon doing so, the school system shall be considered to be in compliance with this subsection. (e)(f) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every

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local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve 12 for the principals to use during the required conference with the child and parent or legal guardian.
(g)(1) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall fail to send such child or children to a public school, a private school, or a home study program in accordance with this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. (2) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall fail to enroll such child or children in a public school, a private school, or a home study program in accordance with this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as for a misdemeanor with the exception that any imprisonment portion of the sentence shall not exceed 30 days. (h) Nothing in this Code section shall be construed to authorize the State Board of Education, local boards of education, or any officers thereof or appropriate enforcement agencies to impose any additional requirements on private schools or home study programs beyond that specifically included in subsection (a) of this Code section and in Code Section 20-2-690."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Hill of the 21st moves to amend the House Committee on Education substitute to SB 239 (LC 33 3779S) by inserting after "To" on line 1 the following:

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amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to require an annual educational program on the governing principles of the United States Constitution by all elementary and secondary schools receiving state funds; to
By inserting after "construction;" on line 6 the following:
to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, so as to require an annual educational program on the governing principles of the United States Constitution by all colleges and universities receiving state funds;
By inserting between lines 9 and 10 the following:
Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-149.1. (a) Each elementary and secondary school in this state which receives in any manner funds from the state shall hold an educational program on the governing principles of the United States Constitution on or around September 17 of each year for the students served by the school. (b) Compliance with Section 111(b) of Public Law 108-447 by an elementary or secondary school shall be deemed to be compliance with this Code section."
SECTION 2.
By striking line 147 and inserting in lieu thereof the following:
SECTION 3. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the university system, is amended by adding a new Code section to read as follows:
"20-3-69. (a) Each college and university in this state which receives in any manner funds from the state shall hold an educational program on the governing principles of the United States Constitution on or around September 17 of each year for the students served by the college or university. (b) Compliance with Section 111(b) of Public Law 108-447 by a college or university shall be deemed to be compliance with this Code section."
SECTION 4.

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

Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes N Ehrhart Y England Y Epps, C Y Epps, J N Everson E Floyd E Fludd N 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 N Harden, M N Hatfield Y Heard Y Heckstall

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

Y Marin Martin
N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan N 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 E Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Rynders N Scott, A

N Scott, M Y Sellier N Setzler
Shaw Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B E Smith, E N Smith, K Y Smith, L Y 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 Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Wix Y Yates Ralston, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 32.

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

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Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
House of Representatives Atlanta, Georgia 30334
This version of SB 239 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 239.
/s/ Bobby Franklin Representative, District 43
By unanimous consent, all remaining Bills and Resolutions on the Rules Calendars were postponed until the next legislative day.
Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, A.M., Thursday, April 29, 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., Thursday, April 29, 2010.

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Representative Hall, Atlanta, Georgia

Thursday, April 29, 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 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 Black Brooks Bryant Buckner Burns Byrd Carter Chambers Channell Cheokas Coan Collins, D E Collins, T

E Cooper Cox Crawford Dawkins-Haigler Dempsey Dickson Dobbs Dooley
E Drenner Dukes Ehrhart England Epps, J Everson
E Floyd E Fludd
Franklin Frazier Gardner Glanton Gordon Greene Hamilton Hanner Harbin Harden, B

Harden, M Heard Hembree Henson Hill, C E Hill, C.A Holt Houston Howard E Hudson Hugley Jackson E James Jerguson Johnson Jones, J Kaiser Keen Keown Kidd Knight Knox Lane, B Lane, R Levitas Lindsey

E Long Lunsford Maddox, G Manning Marin Martin Maxwell Mayo McKillip Mills Mitchell Morgan Mosby Murphy Neal Nix O'Neal Peake Porter Powell, A Powell, J Purcell Ramsey Randall
E Reece Rice

Rogers Rynders Scott, A E Scott, M E Setzler Sims, C Smith, B Smith, E Smith, K Smith, R Smith, T Smyre Stephens, M Talton 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, Austin of the 10th, Bruce of the 64th, Burkhalter of the 50th, Casas of the 103rd, Coleman of the 97th, Davis of the 109th, Day of the 163rd, Dodson of the 75th, Dollar of the 45th, Fullerton of the 151st, Geisinger of the 48th, Golick of the 34th, Hatfield of the 177th, Horne of the 71st, Jacobs of the 80th, Jones of the 44th, Jordan of the 77th, Lucas of the 139th, Maddox of the 127th, Mangham of the 94th, Meadows of the 5th, Millar of the 79th, Oliver of the 83rd, Parsons of the 42nd, Pruett of the 144th, Roberts of the 154th, Shaw of the 176th, Sinkfield of the 60th, Smith of the 70th, Stephens of the 164th, Taylor of the 55th, Teilhet of the 40th, and Walker of the 107th.

They wish to be recorded as present.

THURSDAY, APRIL 29, 2010

5171

Prayer was offered by Representative Mike Keown, District 173, Coolidge, 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.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 601
Atlanta, Georgia 30334
April 29, 2010
Mr. Robbie Rivers Clerk 309 State Capitol Atlanta, GA 30334
Dear Mr. Rivers:
Please accept this letter as a correction to my vote concerning SB 291 which occurred on April 27, 2010. During the time of voting, I had been called from the floor of the House. Therefore, I would like to be recorded as voting "aye" on SB 291.
Sincerely,
/s/ Matt Dollar Rep. Matt Dollar HD #45
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.

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JOURNAL OF THE HOUSE

3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 1521. By Representatives Smith of the 168th, Keen of the 179th, Williams of the 165th, Drenner of the 86th, Collins of the 27th and others:
A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions; to transfer the Division of Rehabilitation Services from the Department of Labor to the Department of Community Affairs; to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to transfer functions and personnel of the Division of Rehabilitation Services to the Department of Community Affairs; to provide for the more efficient operation of the division; to amend definitions relating to the Division of Rehabilitation Services; to provide for legislative intent; to change references consistent with the transfer of provisions; 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 1522. By Representatives Smith of the 168th and 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 amend Code Section 48-8-6, relating to prohibition of political subdivisions from imposing various taxes and certain exemptions, so as to provide for a net exemption; to amend Code Section 3682-61 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 tourism and community development; to provide for related matters; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 29, 2010

5173

Referred to the Committee on State Planning & Community Affairs.

HB 1523. By Representative Dobbs of the 53rd:

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 of income tax, rate, computation, and exemptions, so as to provide for a tax credit for donations of interests in real property for public parks and recreation; to provide legislative findings; to define certain terms; to provide for qualified donations; to provide for exceptions; to provide for tax credits; to provide for the use and transfer of credits; to provide for limitations; to provide for the determination of fair market value; to provide for application; 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 1515 HB 1517 HB 1518 HB 1519

HB 1520 HR 2102 SR 1145

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 533 SB 539 SB 542 SB 545

Do Pass, by Substitute Do Pass Do Pass Do Pass

SB 547 SB 548 SB 549

Do Pass Do Pass Do Pass

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

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JOURNAL OF THE HOUSE

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

SB 533. By Senator Henson of the 41st:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to change the corporate limits of the city; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L.

2002, p. 4757), is amended by adding a new subsection to Section 1.11 to read as

follows:

"(c) In addition to any territory lying within the corporate limits of the City of Lilburn,

such corporate limits shall also include the following properties included in the tax

parcels set forth below as those tax parcels exist on the tax rolls and the tax maps of

Gwinnett County for the year 2010, and all of the public roadways and rights of way

adjacent to those parcels, including railroad rights of way lying adjacent to those

parcels or to public road ways adjacent to those parcels:

Highway 29 & Kenvilla/Braden to City Limits

6-138-124

C-2

5835 Lawrenceville Hwy

6-138-028

C-2

5785 Lawrenceville Hwy

6-138-029

C-2

5771 Lawrenceville Hwy

6-144-004

OI

5755 Lawrenceville Hwy

6-144-035

OI

5745 Lawrenceville Hwy

6-145-001

OI

5705 Lawrenceville Hwy

6-145-285

R-75

SR 008 (No Bldg.)

6-145-379

R-75

SR 008 (No Bldg.)

6-138-195

R-75

5804 Lawrenceville Hwy

6-138-054

R-75

5804 Lawrenceville Hwy

6-138-053

OI

5794 Lawrenceville Hwy

THURSDAY, APRIL 29, 2010

6-138-052

C-2

6-138-001

C1-NBHD

6-138-162

OI

6-137-024A R-75

6-137-025b R-75

6-137-173

R-75

6-137-025A R-75

6-137-027

R-75

6-137-031

OI

6-137-030

R-75

6-137-029

R-75

6-137-028

R-75

Hwy 29 & Pleasant Hill

6-151-002

C1-NBHD

6-151-003

C-2

6-151-004

C-3

6-151-006

C-2

6-151-167

C-2

6-151-008

C-3

6-151-009

C1-NBHD

6-151-032

C1-NBHD

6-151-010

C1-NBHD

6-151-169

C-2

6-151-050

C-2

6-151-038

C-2

6-151-012

C-2

6-151-048

C-2

6-151-042

C-2

6-151-034

C-2

6-151-022

C-2

6-151-026

C-2

6-151-016

C-2

6-156-005A C-2

6-156-021

C-2

6-156-160

C-2

6-156-164

C-2

6-156-044

C-2

6-151-024

C-2

6-151-030

C-2

6-131A-503 C1-NBHD

6-131A-395 C1-NBHD

6-131A-023 C-2

6-131A-348 OI

5784 Lawrenceville Hwy 5764 Lawrenceville Hwy 5732 Lawrenceville Hwy 268 Braden Dr 238 Braden Dr Braden Dr 39 Braden 27 Harmony Grove Rd 9 Harmony Grove Rd 15 Harmony Grove Rd 17 Harmony Grove 21 Harmony Grove
440 Pleasant Hill Rd 416 Pleasant Hill Rd 406 Pleasant Hill Rd 396 Pleasant Hill Rd 3875 Hwy 29 3865 Hwy 29 3855 Hwy 29 3849 Old US 29 3835 Hwy 29 3767 Hwy 29 3747 Hwy 29 3571 Lawrenceville Hwy 0 Hwy 29 0 Ronald Reagan Pky 3685 Hwy 29 Sou 3675 Lawrenceville Hwy 3659 Hwy 29 3653 Hwy 29 3645 Hwy 29 S 725 Pleasant Hill Rd 735 Pleasant Hill Rd 743 Pleasant Hill Rd 733 Pleasant Hill Rd 675 Pleasant Hill Rd 3639 Hwy 29 3629 Hwy 29 3880 Hwy 29 3880 Hwy 29 3870 Lester Rd 336 Valley Rd

5175

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6-131A-349 R-75

6-131A-350 R-75

6-131A-127 R-75

6-131A-126 R-75

6-131A-125 R-75

6-131A-124 OI

6-131A-123 R-75

6-131A-122 R-75

6-131A-121 OI

6-131A-457 R-75

6-131A-118 R-75

6-131A-117 R-75

6-151-018

C-2

6-151-183

C-2

6-151-179

C-2

6-151-177

C-2

6-151-058

C-2

6-151-181

C-2

6-150-180

C1-NBHD

6-150-129

C-2

6-150-445

C-2

6-150-014

C-2

6-150-201

RMD

6-150-132

RMD

6-150-231

RMD

6-150-014

C-2

6-150-130

C1-NBHD

Beaver Ruin to Burns

6-158-002

C1-NBHD

6-158-080

C1-NBHD

6-150-441

C2

6-150-013E C2

6-149-019B R75

6-149-210

R75

6-149-019A R75

6-149-020

R75

6-149-021

R75

6-149-022

R75

6-149-016

R75

6-149-014

R75

6-149-013

R75

6-149-012

R75

6-149-010

R75

326 Valley Rd 316 Valley Rd 3774 Hwy 29 3764 Hwy 29 3754 Hwy 28 3744 Hwy 29 3740 Hwy 29 3734 Hwy 29 3724 Hwy 29 Hwy 29 NE 3704 Hwy 29 3684 Hwy 29 0 Hwy 29 470 Pleasant Hill Rd 480 Pleasant Hill Rd 490 Pleasant Hill Rd 510 Pleasant Hill Rd 0 Pleasant Hill Rd 0 Burns Rd 3826 Burns Rd 3826 Burns Rd 505 Pleasant Hill Rd 472 East Johns Rd 484 East Johns Rd 0 East Johns Rd 465 Pleasant Hill Rd 449 Pleasant Hill Rd
614 Beaver Ruin Rd 614 Beaver Ruin Rd 0 Beaver Ruin Rd Beaver Ruin RD 583 Dogwood Dr 0 Jody La 4271 Jody La 4261 Jody La 0 Jody La 4241 Jody La 563 Dogwood Dr 533 Dogwood Dr 523 Dogwood Dr 513 Dogwood Dr 483 Dogwood Dr

THURSDAY, APRIL 29, 2010

6-149-036

R75

6-149-038

R75

6-149-033

R75

6-149-032

R75

6-149-038

R75

6-149-039

R75

6-149-040

R75

6-149-041

R75

6-149-042

R75

6-149-044

R75

6-149-045

R75

6-149-047D R75

6-149-049C R75

6-149-049B OI

6-149-049A R75

6-149-068

R75

6-149-050

R75

6-149-067

R75

6-149-051

R75

6-149-066

R75

6-149-064

R75

6-149-052

R75

6-149-054

R75

6-149-063

R75

6-149-062

R75

6-149-061

R75

6-149-055

R75

6-149-056

R75

6-149-057

R75

6-149-058

R75

6-149-059

R75

6-150-013M RZT

6-150-126

C2

6-158-005B C2

6-158-005A C2

6-158-119

C2

6-158-006A C2

6-158-116

C2

6-158-061

C2

6-158-109

C2

6-158-005

C2

6-158-125

C2

6-158-110

C2

562 Dogwood Dr 542 Dogwood Dr 4252 Jody La 0 Jody La 542 Dogwood Dr 542 Dogwood Dr 536 Dogwood Dr 532 Dogwood Dr 532 Dogwood Dr 492 Dogwood Dr 482 Dogwood Dr 462 Dogwood Dr 469 Beaver Ruin Way 0 Beaver Ruin Way 479 Beaver Ruin Ct 478 Beaver Ruin Ct 489 Beaver Ruin Way 488 Beaver Ruin Way 499 Beaver Ruin Way 4236 Beaver Ruin Ct 4226 Beaver Ruin Ct 509 Beaver Ruin Way 519 Beaver Ruin Way 4237 Beaver Ruin Cir 4227 Beaver Ruin Cir 4217 Beaver Ruin Ct 4269 Beaver Ruin Cir 4259 Beaver Ruin Cir 4249 Beaver Ruin Cir 4239 Beaver Ruin Cir 4229 Beaver Ruin Ct 460 Beaver Ruin Rd 450 Beaver Ruin Rd 4362 Burns Rd 4352 Burns Rd 775 Beaver Ruin Rd 0 Shady Dr 754 Beaver Ruin Rd 744 Beaver Ruin Rd 0 Beaver Ruin Rd 700 Beaver Ruin Rd 0 Burns Rd 4217 Walking La

5177

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6-158-004

R75

6-158-015

C2

6-158-017

R75

6-158-003A C2

6-158-012

C2

6-158-011

C2

6-158-004A C2

6-158-004B C2

6-158-003

R75

6-158D-029

4238 Walking La 4218 Walking La 4208 Walking Ln 0 Beaver Ruin Rd 725 Beaver Ruin Rd 715 Beaver Ruin Rd 695 Beaver Ruin Rd 675 Beaver Ruin Rd 655 Beaver Ruin Rd Beaver Ruin Rd"

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County who reside in the area proposed to be annexed into the City of Lilburn pursuant to Section 1 of this Act for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2010 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 Gwinnett County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain territory into the ( ) NO corporate limits of the City of Lilburn?" 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 total votes cast on such question are for approval of the Act, it shall become of full force and effect December 1, 2010. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections 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 Lilburn. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as 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. If this Act becomes effective, the clerk for the City of Lilburn shall immediately notify the Secretary of State's office of this Act's effectiveness. If this Act does not become effective, this Act shall automatically be repealed.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, APRIL 29, 2010

5179

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 539. By Senators Fort of the 39th, Tate of the 38th, James of the 35th and Orrock of the 36th:
A BILL to be entitled an Act to amend an Act creating the McPherson Implementing Local Redevelopment Authority, approved May 14, 2008 (Ga. L. 2008, p. 4328), so as to modify certain provisions relating to the membership of the authority, to ensure community representation on the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 542. By Senators Chance of the 16th, Douglas of the 17th and Hooks of the 14th:
A BILL to be entitled an Act to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), and an Act approved April 14, 1997 (Ga. L. 1997, p. 4066), so as to not decrease the county supplements for the superior court judges of that circuit; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 545. By Senator Crosby of the 13th:
A BILL to be entitled an Act to create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to provide for related matters; to repeal an Act creating the Turner County Board of Elections, approved March 30, 1989 (Ga. L. 1989, p. 4559), as amended; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 547. By Senator Chapman of the 3rd:
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 $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older whose income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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.
SB 548. By Senator Crosby of the 13th:
A BILL to be entitled an Act to provide that the chief magistrate of Lee County shall appoint the clerk of the Magistrate Court of Lee County; to provide that the clerk's salary is to be fixed by the board of commissioners; to 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 549. By Senator Butterworth of the 50th:
A BILL to be entitled an Act to amend an Act to create and establish the Rabun County Building Authority, approved April 1, 1994 (Ga. L. 1994, p. 4564), so as to authorize Rabun County or the Rabun County School District to lease or sell lands and buildings to the Authority; to authorize the Authority, Rabun County, and the Rabun County School District to enter into contracts and leases pertaining to uses of such facilities; to provide that no debt of Rabun County or the Rabun County School District shall be incurred by the exercise of any of the powers granted; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, APRIL 29, 2010

5181

By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 1505. By Representative Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 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 Waco; to provide for incorporation, boundaries, and powers of the city within the County of Haralson; 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 practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for 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.

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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 "Waco, 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 Waco and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Waco, 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. (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.
The powers of the city shall include, but are not limited to, the power: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized

THURSDAY, APRIL 29, 2010

5183

by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of this 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; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards;

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(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;

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(24) 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; (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial and economically feasible; (29) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads, within the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and

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sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms in accordance with state law and the Second Amendment to the United States Constitution; 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; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs 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; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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.

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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 councilmembers. The councilmembers shall be elected by city-wide, at large elections. Each duly elected councilmember will occupy a seat on the council to be designated as Post One, Post Two, Post Three, and Post 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 councilmembers 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 four 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.

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(a) Vacancies - The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 4.04 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., 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 Chapter 14 of Title 50 of the O.C.G.A., 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, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

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(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 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. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or

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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 councilmembers, 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. Reserved SECTION 2.08.
Reserved.
ORGANIZATION AND PROCEDURES I. Meetings.
SECTION 2.09. Organization.
(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 councilmembers 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

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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 of this charter.
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 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 Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
J. Procedures. SECTION 2.11. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be nominated and appointed by the mayor with the approval of the city 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 the city council, new members to any committee at any time.

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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 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 shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Waco" 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.14. Action requiring an ordinance.
Acts of the city council that have the force and effect of law shall be enacted by ordinance.
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 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

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borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., as amended, 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) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.17 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.17. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the 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

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officially as "The Code of the City of Waco, 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. Mayor-Council Form of Government. SECTION 2.18.
Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four 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 2.19. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) 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; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law, this charter, or city ordinances are required to be approved by the city council and to be in writing; (5) Represent the city in intergovernmental relations;

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(6) 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; (7) Present an annual state of the city message; (8) 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; (9) Call special meetings of the city council as provided for in Section 2.10(b) of this charter; (10) Approve or disapprove ordinances as provided in Section 2.20 of this charter; (11) Provide for an annual audit of all accounts of the city; (12) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (13) 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 2.20. 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 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 12:00 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 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) of this section.
SECTION 2.21. Limitation on terms of service.

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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 all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All 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 mayor, 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 mayor shall be nominated by the mayor 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 mayor 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.

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(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, unless approved by the city council. (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 or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of three members of the city council, or in the event of a tie vote, by the vote of two members of the council and the affirmative vote of the mayor, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 mayor and 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.
PERSONNEL ADMINISTRATION SECTION 3.04.
Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or

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authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.05. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV ELECTIONS AND REMOVAL
ELECTIONS A. General Law. SECTION 4.01. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
B. Election of Officers. SECTION 4.02.
Election of the city council and mayor.
(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) In order to provide for staggered terms of office, the term of office for the candidates for mayor and all councilmembers elected at the November, 2011, election only shall be as follows: the office of mayor and the positions on the council designated as Post Two (Treasurer) and Post Three (Streets and Roads) shall be for a four-year period. The remaining elected councilmembers, Post One (City Clerk) and Post Four (Water and Sewer), shall be for an initial period of two years. On the Tuesday next following the first Monday in November, 2013, Post One and Post Four shall be up for election and serve a four-year term. All terms thereafter shall be for four years.
SECTION 4.03. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.

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SECTION 4.04. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected, so long as the candidate receiving the most votes shall receive more than 40 percent of the votes cast in the election. In the event no candidate receives more than 40 percent of the votes cast, a special runoff election shall be called and held in accordance with provisions for notice, time, and elections procedures for runoff elections as established by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
C. Vacancies. SECTION 4.05. 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, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
D. Other Provisions. SECTION 4.06. 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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
REMOVAL OF OFFICERS SECTION 4.07.
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 O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such

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officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Haralson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Haralson County following a hearing on a complaint seeking such removal brought by a minimum of five residents of the city.
ARTICLE V FINANCE GENERALLY TAXATION AND VARIOUS FEES A. Property Taxes. SECTION 5.01. 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 5.02. 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 5.03.
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 5.09 of this charter.

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SECTION 5.04. 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 5.09 of this charter.
SECTION 5.05. 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, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (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 5.06. 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 5.09 of this charter.
SECTION 5.07. Special assessments.

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The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 5.09 of this charter.
SECTION 5.08. 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 5.09.
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 5.01 through 5.08 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.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 5.10. 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 5.11. 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.

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SECTION 5.12. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 5.13. 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 Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
ACCOUNTING AND BUDGETING SECTION 5.14. 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 5.15. 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 5.16. Submission of operating budget to city council.
On or before a date fixed by the mayor and city council but not later than 45 days prior to the beginning of each fiscal year, the treasurer 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 treasurer 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

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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.
SECTION 5.17. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the treasurer, 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 5.15 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION 5.18. 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 5.19. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.

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SECTION 5.20. Capital Budget.
(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.15 of this charter. (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, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 5.21. 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 5.22.
Contracting procedures.
Except in an emergency situation, no contract with the city in excess of $15,000.00 shall be binding on the city unless:
(1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.11 of this charter; provided, however, that in the event of an emergency, the contract may be submitted

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to the city council at the next regularly scheduled meeting of mayor and city council for review and ratification.
SECTION 5.23. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing and contracting for the city.
SECTION 5.24. Sale and lease of city property.
(a) The mayor and city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VI GENERAL PROVISIONS BONDS FOR OFFICIALS
SECTION 6.01. 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.

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SECTION 6.02. Existing ordinances, resolutions, rules, and regulations.
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 6.03. 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 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 6.04. 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 6.05. 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 6.06. 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.

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SECTION 6.07. Repealer.

An Act incorporating the Town of Waco in the County of Haralson, approved August 16, 1915 (Ga. L.1915, p. 941), 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 6.08. Effective date.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.09. 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:

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

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
Epps, C Y Epps, J Y Everson E Floyd E Fludd
Franklin Y Frazier Y Fullerton Y Gardner

Hembree Y Henson
Hill, C E 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 Keen Y Keown Y Kidd Knight

Y Marin 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
Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y Porter

E Scott, M Sellier
E Setzler Shaw Sheldon
Y Sims, B Y Sims, C
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
Stephenson Stout Y Talton Y Taylor Teilhet Y Thomas

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

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

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

Y Powell, A Y Powell, J
Pruett Y Purcell Y Ramsey Y Randall E Reece
Reese Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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, and on the agreement to the Senate substitute, the ayes were 126, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

Representatives Hembree of the 67th 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.

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

Benton of the 31st, Everson of the 106th, Lunsford of the 110th, Smith of the 113th, Morgan of the 39th, Sims of the 119th, Dooley of the 38th, Kidd of the 141st, Glanton of the 76th, Abdul-Salaam of the 74th, Mangham of the 94th, Williams of the 165th, Levitas of the 82nd, Randall of the 138th, Williams of the 89th, and Collins of the 95th.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 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:

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.

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The following amendment was read:
Representatives Roberts of the 154th and Hanner of the 148th move to amend SB 520 (LC 34 2623) by deleting lines 1 through 21 and inserting in their place the following:
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the recall of members of the State Transportation Board; to provide for an Intermodal Division within the Department of Transportation; to amend Chapter 8 of Title 48, relating to sales and use taxes, so as to provide for definitions relating to the special district sales and use tax for transportation; 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 certain requirements relating to nonemergency medical transportation for Medicaid recipients; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising subsection (b) of Code Section 32-2-20, relating to the composition, terms, and election of members of the State Transportation Board, as follows:
"(b) Each member shall be elected to serve for a term of five years and until his or her successor is duly elected and certified. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district, meeting in caucus at the regular session of the General Assembly immediately preceding the expiration of the term of office of each such board member. Said caucus shall be called at the state capitol by the Speaker of the House of Representatives and the President of the Senate within the first ten days of the convening of the General Assembly in regular session by mailing to the members of the General Assembly who are affected written notice at least four days before the caucus, which notice shall state the time, place, and purpose of said caucus. Within 15 days after each such election, the Speaker of the House and the President of the Senate shall jointly transmit a certificate of such election to the Secretary of State who, upon receipt thereof, shall immediately issue his or her commission thereon, with the great seal of the state affixed thereto. Any member of the board shall be subject to recall at any time by a majority vote of the legislative caucus that elected the member."

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SECTION 2. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 32-2-41, relating to the powers of the commissioner of transportation and the divisions within the Department of Transportation, as follows:
"(5) There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, an Intermodal Division to be supervised by an appointee serving at the pleasure of the commissioner, and a Local Grants Division to be supervised by an appointee serving at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner."
SECTION 3. Chapter 8 of Title 48, relating to sales and use taxes, is amended by adding a new Code section to read as follows:
"48-8-242. As used in this article, the term:
(1) 'Commission' means the Georgia State Financing and Investment Commission; (2) 'Cost of project' means:
(A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project of the special district or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project of the special district or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project of the special district; (C) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project of the special district; (D) All expenses for inspection of any project of the special district; (E) All fees of any type charged to the special district in connection with any project of the special district; (F) All expenses of or incidental to determining the feasibility or practicability of any project of the special district;

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(G) All costs of plans and specifications for any project of the special district; (H) All costs of title insurance and examinations of title with respect to any project of the special district; (I) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (J) Administrative expenses of the special district and such other expenses as may be necessary or incidental to any project of the special district or the financing thereof; and (K) The establishment of a fund or funds or such other reserves as the commission may approve with respect to the financing and operation of any project of the special district. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project of the special district and may be paid or reimbursed as otherwise authorized by this article. (3) 'County' means any county created under the Constitution or laws of this state. (4) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (5) 'Director' means the director of planning provided for in Code Section 32-2-43. (6) 'LARP factor' means the sum of one-fifth of the ratio between the population of a local government's jurisdiction and the total population of the special district in which such local government is located plus four-fifths of the ratio between the paved and unpaved centerline road miles in the local government's jurisdiction and the total paved and unpaved centerline road miles in the special district in which such local government is located. (7) 'Local government' means any municipal corporation, county, or consolidated government created by the General Assembly or pursuant to the Constitution and laws of this state. (8) 'Metropolitan planning organization' or 'MPO' means the policy board of an organization created and designated to carry out the metropolitan transportation planning process as defined in 23 C.F.R. Section 450. (9) 'Municipal corporation' means any incorporated city or town in this state. (10) 'Project' means, without limitation, any new or existing airports, bike lanes, bridges, bus and rail mass transit systems, freight and passenger rail, pedestrian facilities, ports, roads, terminals, and all activities and structures useful and incident to providing, operating, and maintaining the same. The term shall also include direct appropriations to a local government for the purpose of serving as a local match for state or federal funding. (11) 'Regional transportation roundtable' or 'roundtable' means a conference of the local governments of a special district created pursuant to this article held at a centralized location within the district as chosen by the director for the purpose of establishing the investment criteria and determining projects eligible for the investment list for the special district. The regional transportation roundtable shall consist of the chairperson, sole commissioner, mayor, or chief executive officer of the county governing authority from each county in the special district. In the event any

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county in the special district has a consolidated government, the consolidated government shall elect a second elected member of the county consolidated government to the regional roundtable. In counties without a consolidated government, the second member of the regional roundtable from that county shall be one mayor elected by the mayors of the county; provided, however, that, in the event such an election ends in a tie, the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census shall be deemed to have been elected as a representative unless that mayor is already part of the roundtable. In such case, the mayor of the municipal corporation with the second highest population shall be deemed to have been elected as a representative. If a county has more than 90 percent of its population residing in municipal corporations, such county shall have the mayor of the municipal corporation with the highest population determined using the most recently completed United States decennial census as an additional representative. The regional transportation roundtable shall elect five representatives from among its members to serve as an executive committee. The executive committee shall also include two members of the House of Representatives selected by the chairperson of the House Transportation Committee and one member of the Senate selected by the chairperson of the Senate Transportation Committee. Each member of the General Assembly appointed to the executive committee shall be a nonvoting member of the executive committee and shall represent a district which lies wholly or partially within the region represented by the executive committee. The executive committee shall not have more than one representative from any one county, but any member of the General Assembly serving on the executive committee shall not count as a representative of his or her county. (12) 'Special Regional Transportation Funding Election Act' means an Act specifically and exclusively enacted for the purpose of ordering that a referendum be held for the reimposition of the special district transportation sales and use tax within the region that includes the districts, in their entirety or any portion thereof, of the members from a local legislative delegation in the General Assembly. A majority of the signatures of the legislative delegation for a majority of the counties within the region shall be required for the bill to be placed upon the local calendar of each chamber. This method shall be exclusively used for this purpose and no other bill shall be placed or voted upon on the local calendar utilizing this method of qualification for placement thereon. This Act shall be treated procedurally by the General Assembly as a local Act and all counties within the region shall receive the legal notice requirements of a local Act. (13) 'State-wide strategic transportation plan' means the official state-wide transportation plan as defined in paragraph (6) of subsection (a) of Code Section 32-222. (14) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects as defined in paragraph (7) of subsection (a) of Code Section 32-2-22.

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(15) 'Transportation improvement program' means a prioritized listing of transportation projects as defined in paragraph (8) of subsection (a) of Code Section 32-2-22."

SECTION 4. 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:
"49-4-156.2. (a) Effective July 1, 2011, the department shall divide the northern Nonemergency Medical Transportation district as it existed on January 1, 2010, into two districts with roughly equal populations so that, on July 1, 2011, there are six Nonemergency Medical Transportation districts as follows: Northwest, Northeast, Southeast, Southwest, Central, and Metro. (b) The department shall certify that the rates submitted by prospective brokers to administer and arrange for nonemergency medical transportation for Medicaid recipients are actuarially sound as determined by the department in accordance with nationally recognized actuarial standards. (c) Each broker contracting with the department shall annually submit to the department a report detailing the ownership interests of the transportation providers of its transportation network to ensure that the broker is in compliance with federal regulations relating to conflicts of interest and self-referral. The department shall compile and annually submit such reports to the chairpersons of the committees of the House of Representatives and Senate which oversee such functions."

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.

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 N Ashe Y Austin Y Baker Y Barnard Y Battles

Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley

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

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

Y Scott, M Sellier
E Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C N Sinkfield Y Smith, B
Smith, E

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

E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson E 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
Heckstall

Y Jackson Y Jacobs E James
Jerguson Johnson Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Kidd Knight Y Knox Y Lane, B Y Lane, R Y Levitas Lindsey E Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning

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

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
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 amendment, the ayes were 123, nays 18.

The amendment was adopted.

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

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

Y Abdul-Salaam Y 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 Y Black

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 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
Johnson Jones, J

Y 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 Scott, M Sellier
E 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

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

Everson E 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
Heckstall

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

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 E Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders
Scott, A

Y Stephens, R Y Stephenson Y Stout Y Talton
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, as amended, the ayes were 144, nays 3.

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

House of Representatives Atlanta, Georgia 30334

This version of SB 520 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 520.

/s/ Bobby Franklin Representative, District 43

By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and referred to the Committee on Rules:

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

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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.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read and adopted:
A BILL
To amend Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, so as to change provisions relating to the zero tolerance policy on weapons in schools; 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 provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated,
relating to delinquent and unruly children, is amended by revising paragraph (2) of subsection (a) of Code Section 15-11-63, relating to designated felony acts, as follows: "(2) 'Designated felony act' means an act which:
(A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a child 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes:
(i) Kidnapping or arson in the first degree, if done by a child 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 165-23.1 if the victim is a teacher or other school personnel, if done by a child 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a child 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1 Reserved; (v) Hijacking a motor vehicle, if done by a child 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a child 13 or more years of age; (vii) Any other act which, if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the child involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87; (C.1) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs; (C.2) Constitutes a second or subsequent adjudication of delinquency based on a violation of Code Section 16-11-127.1 or is a first violation of Code Section 16-11127.1 involving: (i) Any weapon, as such term is defined in Code Section 16-11-127.1, together with an assault; (ii) A firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11131; or

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(iii) A dangerous weapon or machine gun as defined in Code Section 16-11-121; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-28; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle."
SECTION 2. 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, is amended by revising subsection (b) as follows:
"(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A child who violates this subsection shall may be subject to the provisions of Code Section 15-11-63."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam 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 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 E Cole Y Coleman Y Collins, D E Collins, T E 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
Everson E 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
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
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 E Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip
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 E Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Scott, M 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 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 156, nays 0.

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

Representative Cooper of the 41st was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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:

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A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to 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.
The following Senate substitute was read:
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 1998, 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.

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(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 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.

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(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.
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 1998, 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.
Representative England of the 108th moved that the House disagree to the Senate substitute to HB 1195.
The motion prevailed.
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

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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 Senate substitute was read:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, rate, computation, and exemptions, so as to 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. (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, energy efficient water heater, skylighting system, whole house fan, energy use meter, light-emitting diode lighting system, geothermal heating system, 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 shall include, by way of example and not limitation, water conservation systems capable of storing rain water or gray water for future use and

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reusing the collected water for the same residential or commercial property and other products used for the conservation or efficient use of water which have been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which have 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. (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.

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(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.
Representative Wilkinson of the 52nd moved that the House disagree to the Senate substitute to HB 1069.
The motion prevailed.
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.
The following Senate amendment was read:

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The Senate moves to amend the House substitute to SB 488 (LC 21 0895S) by striking lines 15 through 17 and inserting in lieu thereof the following:
(1) A felony; or (2) Any violation of Article 15 of Chapter 6 of Title 40 or any misdemeanor violation of the Code that results in another person's:
By striking line 24 and inserting in lieu thereof the following: against any person charged with a crime that may be brought by the victim of an alleged crime which arises out
By striking line 28 and inserting in lieu thereof the following: or otherwise terminated, provided that such time does not exceed six four years."
Representative Jacobs of the 80th moved that the House disagree to the Senate amendment, to the House substitute, to SB 488.
Pursuant to Rule 33.2, the House has disagreed to the Senate amendment, to the House substitute, to SB 488.
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 Senate substitute was read:
A BILL
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 change certain provisions relating to procedural requirements for adoption, amendment, or repeal of rules, limitation on action to contest rule, and legislative override of agency rules; to provide for legislative stay of agency rules; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (c) of Code Section 48-2-55, relating to attachment and garnishment, to read as follows:
"(3) Within at least six months of, and no less than 30 days before, a levy, the commissioner shall provide a balance due notice to the taxpayer by first-class mail addressed to the taxpayer's last known address as shown on the records of the department. The notice shall identify the state tax executions issued against the taxpayer, state the total amount necessary to fully satisfy the tax executions as of the date of the notice, provide the taxpayer an opportunity to pay the total amount due within a certain time period not less than 30 days, and state that the department may levy and seize the taxpayer's property and rights to property if full payment is not received within that time period."
SECTION 2. Said title is further amended in said Code section by adding a new subsection to read as follows:
"(g)(1) Notwithstanding any other provision of this Code section which provides for the attachment, garnishment, or levy against property, rights to property, or money, the department may use the administrative garnishment process established in this subsection to collect from a delinquent taxpayer any delinquent taxes, fees, license fees, penalties, interest, or collection costs due the state that are imposed by this title or which the commissioner or the department is responsible for collecting under any other law.
(2)(A) The department may initiate an administrative garnishment to have property or rights to property belonging to the delinquent taxpayer, or wages or other compensation due the delinquent taxpayer, assigned by the garnishee to the department up to the amount of the full debt to be collected by the department. (B) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to an administrative garnishment. (3)(A) The commissioner or the commissioner's authorized representative shall serve the summons of administrative garnishment upon the garnishee and shall file a return of service with the department. In addition to any other methods of service, the summons of administrative garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the department. If statutory overnight delivery was accomplished through

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a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from such commercial firm of the garnishee's refusal to accept delivery shall be filed with the department. (B) Not more than three business days after the summons of administrative garnishment is served on the garnishee, the department shall send a written notice of the summons to the delinquent taxpayer at the taxpayer's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the taxpayer or evidence of the taxpayer's refusal to accept such registered or certified mail or statutory overnight delivery addressed to the taxpayer shall be deemed notice to the taxpayer. The department may also effect service on the taxpayer using one of the methods set forth in Code Section 18-4-64. (4)(A) Upon receipt of a summons of administrative garnishment from the department, a garnishee shall immediately give effect to the administrative garnishment and hold whatever property, rights to property, or money belonging to the delinquent taxpayer to the extent of the debt indicated in the summons from the department. (B) Except as provided in subparagraph (C) or (D) of this paragraph, the garnishee shall send the department an answer stating what money or other property is subject to the garnishment and shall forward to the department the delinquent taxpayer's property, rights to property, or money, to the extent required in the summons, no sooner than 30 days and not later than 45 days after the garnishee receives service of the summons of administrative garnishment. The garnishee may deduct $50.00 from the amount of the property transferred to the department as reimbursement for reasonable expenses in making a true answer of garnishment. (C) Under circumstances where the delinquent taxpayer has been an employee of the garnishee, the delinquent taxpayer is no longer employed by the garnishee, and the garnishee has no money or property of the delinquent taxpayer subject to garnishment, the garnishee may immediately send an answer; however, such answer shall be sent not later than 45 days after the service of the summons. (D) If the delinquent taxpayer appeals the administrative garnishment pursuant to paragraph (5) of this subsection, the department shall notify the garnishee and require that the garnishee hold all money or other property subject to garnishment until the conclusion of the appeal, but the garnishee shall continue to answer the department in the manner provided for in this subsection. Upon final determination of the delinquent taxpayer's appeal of the administrative garnishment, the department shall notify the garnishee that the administrative garnishment has either been dismissed, modified, or upheld and, if modified or upheld, shall notify the garnishee to forward the money or other property subject to garnishment to the department. (E) If the garnishee fails to answer or fails to surrender any property, rights to property, or money subject to administrative garnishment by the forty-fifth day after

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service of the summons of administrative garnishment, the garnishee shall automatically be assessed a sum equal to the taxpayer's liability as stated on the summons of administrative garnishment. Within 15 days of the date of the assessment, the assessment may be cured as a matter of right by the filing of an answer, and surrendering any property belonging to the delinquent taxpayer not to exceed the total amount of the assessment. If the assessment has not been cured by the expiration of the 15 day period, the garnishee shall be issued an official assessment. The liability imposed in this subparagraph shall be paid upon notice and demand by the commissioner or the commissioner's authorized representative and shall be assessed and collected in the same manner, with the same right of appeal under Code Section 48-2-59, as taxes administered by the commissioner, except as otherwise provided under subparagraph (G) of this paragraph. (F) If the garnishee serves its answer on the department as provided for in this subsection, the department shall reply to the answer within 15 days after it is served or the liability imposed by the summons shall be discharged. The department shall have 15 days from the filing of the reply to set a date for a hearing on the garnishee's answer and the reply of the department. The garnishee may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from receipt of the final administrative ruling. (G) When an official assessment is issued against a garnishee under subparagraph (E) of this paragraph, the garnishee may file a request to modify the official assessment as a matter of right with the commissioner within 60 days from the date the garnishee receives actual notice of the official assessment and upon payment of all actual costs of service incurred by the department. The official assessment shall be modified so that the amount of the assessment is reduced to an amount equal to $50.00 plus:
(i) The amount by which the garnishee was indebted to the delinquent taxpayer at the time of service; and (ii) All money, other property, or effects belonging to the delinquent taxpayer which came into the garnishee's hands from the time of service of the summons of garnishment through the last day on which an answer and delivery of property could have been made by the garnishee. Such amount shall not exceed the taxpayer's liability as stated on the summons of administrative garnishment. The garnishee may appeal the official assessment to superior court under Code Section 48-2-59 within 30 days from the expiration of the modification period. (H) Any garnishee who, upon service of an administrative garnishment by the commissioner or the commissioner's authorized representative, surrenders such property, rights to property, or money or otherwise discharges such obligation to the commissioner or the commissioner's authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property, rights to property, or money arising from such surrender or payment.

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(5)(A) A delinquent taxpayer shall have 15 days from receipt of the notice of summons of the administrative garnishment to appeal the administrative garnishment in writing to the department or to appeal to superior court under Code Section 48-2-59. Upon the filing of an appeal the delinquent taxpayer shall be a party to all further proceedings upon the administrative garnishment. (B) Upon receipt of a written administrative appeal, the department shall review the facts of the administrative garnishment and, if requested by the taxpayer, hold a hearing. Only a mistake of fact, including, but not limited to, a mistake in the identity of the delinquent taxpayer, a mistake in the amount owed to or being collected by the department, or a mistake of ownership of the property being garnished, shall be considered as a reason to dismiss or modify the administrative garnishment. (C) The department shall have 15 days from receipt of a written administrative appeal to set a hearing date for the appeal. The delinquent taxpayer may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from the date of the final administrative ruling. (D) A challenge to an administrative action under this subsection shall not extend or reopen the statute of limitations to protest other departmental actions or to contest the amount or validity of the tax. (6)(A) At any time before a final administrative ruling pursuant to this subsection is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person other than the delinquent taxpayer may file a claim in writing under oath stating that such person has a claim superior to that of the department to the money or other property in the possession of the garnishee subject to the process of administrative garnishment. The claimant shall be a party to all further proceedings upon the administrative garnishment. (B) The department shall have ten days to set a hearing date from the later of (i) the date that the claim is filed, or (ii) the date when appeals, if any, have been finally determined under both subparagraph (F) of paragraph (4) of this subsection and under paragraph (5) of this subsection. (C) The department shall have the burden of proving that its claim to the money or other property subject to the garnishment proceeding is superior to that of the claimant. No money or other property subject to the garnishment and upon which the claimant has filed its claim shall be distributed until the hearing is held and an administrative ruling has been issued by the department. To the extent that the administrative ruling is in favor of the claimant, such money or other property to that extent shall be retained by or restored to the garnishee and any claim thereto by the claimant shall be made directly on the garnishee. (7)(A) A notice of summons of administrative garnishment given to the delinquent taxpayer is effective without the serving of another notice until the earliest of either the date that the debt owed to the department is paid in full or the date that the delinquent taxpayer receives notice that the garnishment shall cease.

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(B) In the event no summons of garnishment has been issued on an assessment for two years or more, the garnishment proceeding based on that assessment shall automatically stand dismissed."
SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising paragraph (1) of Code Section 50-13-2, relating to definitions regarding administrative procedure, to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages or administrative garnishments; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."
SECTION 4. Said title is further amended in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, limitation on action to contest rule, and legislative override of agency rules, by revising paragraph (2) of subsection (f) as follows:
"(2) In the event each either standing committee to which a notice is assigned as provided in subsection (e) of this Code section files an objection to a proposed rule prior to its adoption by a two-thirds' majority vote of the members of the committee who were voting members on the tenth day of the current session, after having given public notice of the time, place, and purpose of such vote at least 48 hours in advance,

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as well as the opportunity for members of the public including the promulgating agency, to have a reasonable time to comment on the proposed committee action at the hearing, the effectiveness of such rule shall be stayed until the next legislative session at which time the rule may be considered by the General Assembly by the introduction of a resolution in either branch of the General Assembly for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. In the event the resolution is adopted by the branch of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of his or her veto, the rule shall remain in effect. In the event of his or her approval, the rule shall be void on the day after the date of his or her approval. If after the thirtieth legislative day of the legislative session of which the challenged rule was to be considered the General Assembly has not considered an override of the challenged rule pursuant to this subsection, the rule shall then immediately take effect."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative O'Neal of the 146th moved that the House disagree to the Senate substitute to HB 982.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 982.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Chance of the 16th, and Williams of the 19th.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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 Senate substitute was read:
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.'"

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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 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 who 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) 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 appraiser; (ii) Any person that contracts with an 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 appraiser who is acting as an independent contractor; (iii) Any federal, state, or local government or any of its departments, agencies, or authorities that order appraisals; or (iv) Any person who orders an appraisal on behalf of any federal, state, or local government or its departments, agencies, or authorities as an employee thereof. (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. (6) 'Appraisal review' means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an

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appraisal assignment, except that an examination of an appraisal for grammatical, typographical, or other similar errors shall not be an appraisal review. (4)(7) '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)(8) '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)(9) 'Appraiser classification' means any category of appraiser which the board creates by designating criteria for qualification for such category and by designating the scope of practice permitted for such category, including the registration of real estate appraisal management companies. (10) 'Appraiser panel' means a group of independent appraisers selected to perform an appraisal valuation or analysis for an appraisal management company. (7)(11) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. (8)(12) '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. (13) 'Client' means any person who enters into an agreement with an appraiser or an appraisal management company for the performance of real estate appraisal activity. (9)(14) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. (10)(15) 'Commissioner' means the real estate commissioner. (16) 'Controlling person' means:
(A) An owner, officer, or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state; (B) An individual employed, appointed, or authorized by an appraisal management company who has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or (C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. (11)(17) '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)(18) '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.

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(13)(19) '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. (20) 'Owner' means any person who owns 5 percent or more of an appraisal management company. (21) 'Person' means an individual, partnership, limited liability company, limited partnership, corporation, association, or any other legal or commercial entity. (14)(22) '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)(23) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. (16)(24) '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)(25) 'Real property' means one or more defined interests, benefits, and rights inherent in the ownership of real estate. (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 or any person issued an appraisal management company registration under this chapter for

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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 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)(1) No person shall directly or indirectly engage or attempt to engage in business as an appraisal management company, directly or indirectly engage or attempt to perform appraisal management services, or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the board. (2) The registration required by paragraph (1) of this subsection shall, at a minimum, include the following:
(A) Name of the entity seeking registration; (B) Business address of the entity seeking registration which must be located and maintained within this state; (C) Telephone contact information of the entity seeking registration; (D) If the entity is not a corporation that is domiciled in this state, the name and contact information for the company's agent for service of process in this state; (E) The name, address, and contact information for any individual or any corporation, partnership, or other business entity that owns 5 percent or more of the appraisal management company; (F) The name, address, and contact information for a designated controlling person to be the primary communication source for the board; (G) A certification that the entity has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company for appraisal services to be performed in Georgia holds a license or certification in good standing in Georgia pursuant to this chapter;

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(H) A certification that the entity has a system in place to review the work of all appraisers who are performing real estate appraisal services for the appraisal management company on a periodic basis to validate that the real estate appraisal services are being conducted in accordance with the standards for real estate appraisals established by the board; (I) A certification that the entity maintains a detailed record of each service request that it receives for appraisal services within the State of Georgia and the name, address, and telephone number of the appraiser who performs the requested real estate appraisal services for the appraisal management company; (J) An irrevocable consent to service of process; and (K) Any such other information as the board shall require. (3) The board shall issue a unique registration number to each appraisal management company. (4) The board shall publish annually a list of the appraisal management companies that have registered pursuant to this chapter and have been issued a registration number. (5) An appraisal management company shall be required to disclose the registration number on each engagement letter utilized in assigning an appraisal request for real estate appraisal assignments within the State of Georgia. (b.1) Any employee or independent contractor of an appraisal management company who performs appraisal review services must be an individual who holds a valid appraiser license or certification issued pursuant to this chapter. (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 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."

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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 consistent with this chapter for appraisal management companies operating within the State of Georgia. 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 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) Each appraisal management company applying to the board for registration shall designate a controlling person who shall be the main contact for all communication between the board and the appraisal management company and who shall also serve as the person upon whom service of process may be made in a proceeding against the appraisal management company. (b) The controlling person designated pursuant to subsection (a) of this Code section shall:
(1) Have never had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state;

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(2) Be of good moral character, as determined by the board; and (3) Submit to a background investigation, as determined by the board. (c) Each appraisal management company shall certify to the commission on an annual basis that it: (1) Includes instructions to appraisers in letters of engagement to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions; (2) Has a system in place to verify that the appraiser receiving the assignment holds a license or registration in good standing in the State of Georgia and has not had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (3) Has a system in place to perform an appraisal review on a periodic basis of the work of all appraisers who are performing appraisals for the appraisal management company to validate that the appraisals are being conducted in accordance with the standards for real estate appraisals established by the board; (4) Has reported to the board the results of any appraisal reviews in which an appraisal is found to be substantially noncompliant with the standards for real estate appraisals established by the board or any state or federal laws pertaining to appraisals; and (5) Maintains records required to be kept by the board that the board is authorized to inspect. (d) An appraisal management company doing business in this state shall not: (1) Knowingly employ any person directly involved in real estate appraisal or appraisal management services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (2) Knowingly enter into any independent contractor arrangement, whether in oral, written, or other form, with any person for the performance of real estate appraisal services who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal management services, whether in oral, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in oral, written, or any other form, with any person who does not hold a license or registration in good standing in the State of Georgia or who has had a license or certificate to act as an appraiser refused, denied, canceled, surrendered in lieu of a pending revocation, or revoked in any state; (4) Request or require an appraiser to modify any aspect of an appraisal report unless the modification provides additional information about the basis for a valuation,

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corrects objective factual errors in the appraisal report, or provides additional information within the appraisal regarding additional sales provided through an established dispute process; (5) Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the appraisal management company and declined the assignment; (6) Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations, and the appraiser has notified the appraisal management company and declined the assignment; (7) Prohibit or inhibit legal or other allowable communication between the appraiser and a lender, a real estate licensee, or any other person who the appraiser, in the appraiser's own professional judgment, believes possesses information that would be relevant; (8) Knowingly require an appraiser to take any action that does not comply with any provision of this chapter and the rules and regulations promulgated by the board or any assignment conditions and certifications required by the client for whom an appraisal is being performed; (9) Make any portion of its fee or the appraiser's fee contingent on a predetermined or favorable outcome including, but not limited to, a loan closing or a specific dollar amount being determined by the appraiser in the appraisal; (10) Prohibit any appraiser who is part of an appraiser panel from recording the fee that the appraiser was paid by the appraisal management company for the performance of the appraisal within the appraisal report that is submitted by the appraiser to the appraisal management company; (11) Alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by:
(A) Permanently removing the appraiser's signature or seal; or (B) Adding information to or removing information from the appraisal report with an intent to change the valuation conclusion; or (12) Require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal; provided, however, that an appraiser shall not be prohibited from voluntarily providing such appraiser's digital signature or seal to another person. (e) An appraisal management company shall separately state to the client the fees paid to an appraiser for appraisal services and the fees charged by the appraisal management company for services associated with the management of the appraisal process, including procurement of the appraiser's services. (f) An appraisal management company shall be held responsible for the actions of its controlling person affiliated with such appraisal management company should such controlling person violate any of the provisions of this chapter or any rules and regulations promulgated by the board or engage in any unfair trade practices.

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(g) 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, 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.' Whenever an appraisal management company has been found guilty of a violation of any provision of this chapter or the rules and regulations promulgated by the board, or of any unfair trade practices 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, of the rules and regulations promulgated by the board, or of any unfair trade practices 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, 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."

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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 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 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 of such appraiser, appraisal management company, or approved school in its official newsletter."
SECTION 10. This Act shall become effective 90 days after the date this Act is approved by the Governor or becomes law without such approval.

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SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Benton of the 31st moved that the House agree to the Senate substitute to HB 1050.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford N 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
Fludd N Franklin Y Frazier Y Fullerton Y Gardner
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
Heckstall

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

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

Y Scott, M Sellier 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
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
Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 141, nays 4.

The motion prevailed.

HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with state minimum standards codes and local ordinances and regulations applicable to such buildings; to provide for residential industrialized buildings to be placed in residential districts; to recognize county and municipal authority over certain matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by revising paragraph (3) of Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, as follows:
"(3) 'Industrialized building' means any structure or component thereof which is designed and constructed in compliance with the state minimum standards codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof."
SECTION 2. Said article is further amended in Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, by adding a new paragraph to read as follows:

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"(6.1) 'Residential industrialized building' means any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
SECTION 3. Said article is further amended by revising Code Section 8-2-112, relating to inspection and approval of industrialized buildings by the commissioner or local government, as follows:
"8-2-112. (a)(1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner. (2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule. (b)(1) All industrialized buildings and residential industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held deemed to comply with the requirements of all state minimum standards codes and all ordinances or and regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. No ordinance or regulation enacted by a county or municipality shall exclude residential industrialized buildings from being sited in such county or municipality in a residential district solely because the building is a residential industrialized building. (2) Areas of county and municipal authority including, but not limited to, local land use and zoning, building setback, side and rear yard requirements, utility connections, and subdivision regulation, as well as the regulation of architectural and esthetic requirements, are specifically and entirely reserved to the county, if in the unincorporated area, or the municipality where the industrialized building or residential industrialized building is sited. (2)(3) No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner.

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(3)(4) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Roberts of the 154th moved that the House agree to the Senate substitute to HB 516.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas

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
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton

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

Y Marin N 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
Nix Y Oliver
O'Neal Y Parrish Y Parsons
Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall

Y Scott, M 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 Stout Y Talton Y Taylor Y Teilhet Y Thomas N Thompson
VACANT Y Walker
Weldon Y Wilkinson Y Willard

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

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

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

E Reece Y Reese
Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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

On the motion, the ayes were 145, nays 2.

The motion prevailed.

SB 56.

By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Randall of the 138th moved that the House insist on its position in substituting SB 56.

The motion prevailed.

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.

The following Senate amendments were read:

Senate Amendment #1

The Senate moves to amend HB 1272 by inserting " and for multiple sclerosis research" between "research" and the semicolon on line 4.

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By striking "a new Code section" and inserting in its place "new Code sections" on line 12.
By inserting immediately following Section 1 on page 2 the following: "31-12-16. (a) The General Assembly finds that it is in the best interest of the state to provide for multiple sclerosis 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 multiple sclerosis 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 'Multiple Sclerosis 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 multiple sclerosis research.
Senate Amendment #2
The Senate moves to amend HB 1272 by inserting immediately preceding Section 2 on page 2 the following:
(d) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for research and for administrative costs authorized in paragraph (2) of subsection (e) of this Code section and shall not be used for personnel or administrative positions. The department shall prepare, by February 1 of each year, an accounting of the moneys received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the members of the Board of Human 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 Multiple Sclerosis 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

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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 such department for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which such department is authorized to withhold from such contributions shall not exceed the sum of such contributions."
Senate Amendment #3
The Senate moves to amend HB 1272 by inserting immediately preceding Section 2 on page 2 the following:
(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. The department shall prepare, by February 1 of each year, an accounting of the moneys received in the fund and deposited in the general 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 commissioner, offering the taxpayer the opportunity to contribute to the General Welfare Contribution 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 shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall deposit the balance in the fund established in subsection (c) of this

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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 for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the department is authorized to withhold from such contributions shall not exceed the sum of such contributions."
Senate Amendment #4
The Senate moves to amend HB 1272 by striking lines 1 through 7 and inserting in their place the following: To amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating, respectively, to health and revenue and taxation, 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 voluntary contributions through individual income tax returns and other mechanisms for the general welfare of the state; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Revenue; to provide for related matters; to repeal conflicting laws; and for other purposes.
By striking lines 10 and 11 and inserting in their place the following: SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding
Senate Amendment #5
The Senate moves to amend HB 1272 by inserting immediately following Section 1 on page 2:
SECTION 1A. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-7-64. (a) The General Assembly finds that it is in the best interest of the state to provide for opportunities to enhance the general welfare of the state. In addition to and as a supplement to traditional financing of the general welfare, it is the policy of this state to enable and encourage citizens voluntarily to support the general welfare of the state. (b) To support the general welfare of the state, 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

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any fund raising or other promotional techniques deemed appropriate by the department. (c) There is established a special fund to be known as the 'General Welfare Contribution 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 periodically be deposited by the commissioner in the general treasury.

Representative Collins of the 95th moved that the House agree to the Senate amendments to HB 1272.

On the motion, the roll call was ordered and the vote was as follows:

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

Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
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 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
Holt Horne Y Houston Y Howard E Hudson Y Hugley 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 E Long Loudermilk Y Lucas Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris 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 E Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Scott, M 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 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

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On the motion, the ayes were 145, nays 6.
The motion prevailed.
House of Representatives Atlanta, Georgia 30334
This version of HB 1272 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 1272.
/s/ Bobby Franklin Representative, District 43
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 following Senate substitute was read:
A BILL
To amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise and amend provisions relating to county law libraries and their operation; to authorize the use of law library funds to provide libraries and purchases for certain judges and courts; 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 provide effective dates; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 29, 2010

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended in Code Section 36-15-7, relating to use of county law library funds, by revising subsections (a) and (b) as follows:
"(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian and, within the discretion of the board of trustees, payment for purchases made by a county's superior court, state court, probate court, magistrate court, or juvenile court, and for the purchase or leasing of computer related legal research equipment and programs, and, at the discretion of the county governing authority, for the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority for codification pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification.(b) In addition to the uses specified in subsection (a) of this Code section, the board of trustees of a county law library shall be authorized to use funds to establish a law library or libraries for the judges of the superior courts of the judicial circuit and for the judges of the state court in which the county lies. A request for the establishment of one or more such libraries shall be made to the board of trustees by the chief judge of the judicial circuit with the assent of a majority of the superior court judges of the circuit or by the chief judge of the state court of the county with the assent of a majority of the state court judges of the county. Additionally, the probate judge, chief magistrate, presiding juvenile court judge, or any chief judge of any county court may make a similar request. It shall be in the discretion of the board of trustees of each county whether to grant the such a request. Any one or more county boards of trustees in the judicial circuit may participate in the establishment of the law library or libraries and, for the purpose of such participation, may enter into agreements regarding the proportional share of expenditures to be borne by each county board of trustees. Purchases made from county law library funds under this subsection shall not duplicate the law books and materials supplied to each judge of superior court or state court by the state or by other sources. Such purchases shall become the property of the judge who requested the purchase and shall be passed on to his or her successor in office."
SECTION 2. Said chapter is further amended by revising Code Section 36-15-11, relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties, as follows:
"36-15-11. Notwithstanding any other provision of this chapter, in all counties of this state having a population of 700,000 950,000 or more according to the United States decennial

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census of 1980 or any future such census, all funds collected by reason of this chapter shall be paid into the general treasury of such county, to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund. All disbursements for the purposes of this chapter shall be in accordance with the budget procedures which may be established in such counties. In such counties there shall be no treasurer of the board of trustees. The county governing authorities of such counties shall report to the board of trustees, not later than January 15 of each year, the amount of money collected in the preceding calendar year by the assessment of such fees as are provided in this chapter."

SECTION 3. (a) Section 2 of this Act shall become effective on July 1, 2012, the same date on which the United States decennial census of 2010 shall become effective for purposes of Code Section 36-15-11. (b) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Golick of the 34th moved that the House agree to the Senate substitute to HB 858.

On the motion, the roll call was ordered and the vote was as follows:

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

Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Horne Y Houston Y Howard E Hudson Y Hugley 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 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
Peake Y Porter

Y 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 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

THURSDAY, APRIL 29, 2010

5257

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

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

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 Y Scott, A

Y Thompson VACANT
Y Walker Weldon
Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 151, nays 3.

The motion prevailed.

Representative Williams of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 858 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 858.

/s/ Bobby Franklin Representative, District 43

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 Senate substitute was read:

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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 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 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:
"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; (2) Intraperitoneal injection by hypodermic needle; or (3) Intracardial If the dog or cat is unconscious, 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

THURSDAY, APRIL 29, 2010

5259

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. (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 on January 1, 2013.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Knox of the 24th moves to amend the Senate substitute to HB 788 (HB 788/SCSFA/1) by deleting on line 65 "January 1, 2013" and replace with "December 31, 2010".
Representative Knox of the 24th moved that the House agree to the Senate substitute, as amended by the House, to HB 788.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Davis
Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes 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 Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard
Heckstall

Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Horne Houston Y Howard Y Hudson Y Hugley 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 E Long Loudermilk Lucas Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning

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

Y Scott, M Sellier 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 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 Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R
Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 125, nays 26.

The motion prevailed.

Representatives Byrd of the 20th and Houston of the 170th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representatives Hill of the 180th, Lane of the 158th, Scott of the 153rd, and Smith of the 129th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

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.

THURSDAY, APRIL 29, 2010

5261

Representative Reece of the 11th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

Representative Roberts of the 154th moved that the House reconsider its action in agreeing to the Senate substitute, as amended by the House, to HB 788.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams N Allison N Amerson N Anderson N Ashe
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 N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole N 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 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 N Glanton N Golick N Gordon N Greene Y Hamilton Y Hanner Y Harbin N Harden, B
Harden, M N Hatfield N Heard
Heckstall

Hembree N Henson N Hill, C Y Hill, C.A
Holt Y Horne Y Houston N 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 Y Keen N Keown N Kidd Y Knight N Knox Y Lane, B N Lane, R N Levitas Y Lindsey E Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham Y Manning

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

Y Scott, M Sellier Setzler
Y Shaw Y Sheldon Y Sims, B N Sims, C N Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre Y Stephens, M
Stephens, R N Stephenson Y Stout Y Talton N Taylor N Teilhet N Thomas N Thompson
VACANT Y Walker
Weldon N Wilkinson N 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 85, nays 74.

The motion prevailed.

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 705. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st:
A BILL to be entitled an Act to authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
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.
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.

THURSDAY, APRIL 29, 2010

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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.
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 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.
HB 1476. By Representatives Williams of the 165th, Stephens of the 164th and Barnard of the 166th:
A BILL to be entitled an Act to amend an Act to create the Liberty County Industrial Authority, approved February 18, 1964 (Ga. L. 1964, p. 2110), as amended, so as to provide that certain members of such authority may vote by phone under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1493. By Representative Roberts of the 154th:
A BILL to be entitled an Act to create the Public Facilities Authority of Telfair County; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for liberal construction; to repeal conflicting laws; and for other purposes.
HB 1497. By Representatives Powell of the 29th and Harden of the 28th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Lavonia, approved May 13, 2002 (Ga. L. 2002, p. 5809), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3908), by an

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Act approved May 17, 2004 (Ga. L. 2004, p. 4294), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4155), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes.
HB 1498. By Representative Powell of the 29th:
A BILL to be entitled an Act to provide for a homestead exemption from City of Royston ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 1500. By Representative Austin of the 10th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cleveland 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 1506. By Representative Scott of the 153rd:
A BILL to be entitled an Act to create a board of elections and registration for Turner County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 1507. By Representatives Drenner of the 86th and Henson of the 87th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to provide for certain powers of the mayor; to provide for the election and terms of the mayor and councilmembers; to provide for the appointment of a city manager, qualifications, compensation, removal, vacancy, powers, and council interference; to provide for submission for

THURSDAY, APRIL 29, 2010

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preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 1508. By Representatives Benfield of the 85th, Henson of the 87th, Stephenson of the 92nd, Bell of the 58th, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known and cited as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), as amended, so as to change the definition of district services; to provide a declined governmental services option; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 1509. 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 an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to provide for additional qualifications for local board of education members; to revise provisions relating to terms of office; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 1511. By Representatives Hembree of the 67th, Brooks of the 63rd, Bruce of the 64th and Bearden of the 68th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create the Douglasville-Douglas County Water and Sewer Authority," approved March 7, 1985 (Ga. L. 1985, p. 3584), as amended, so as to amend the board of directors; to define certain terms; to provide certain powers of such authority; to provide for an immunity from tort action; to repeal conflicting laws; and for other purposes.
HB 1513. By Representative Ralston of the 7th:
A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Fannin 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.

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JOURNAL OF THE HOUSE

HB 1514. By Representative Ralston of the 7th:

A BILL to be entitled an Act to provide that the clerk of the Magistrate Court of Gilmer 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 following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

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.

The following Senate amendment was read:

The Senate moves to amend the House Committee on Ways and Means substitute to SB 346 (LC 18 9249TS) by striking lines 888 through 893 and inserting in their place the following: "(B.2) In determining the fair market value of real property, the tax assessor shall not include the value of any intangible assets used by a business, wherever located, including patents, trademarks, trade names, customer agreements, and merchandising agreements."

Representative Lindsey of the 54th moved that the House agree to the Senate amendment to the House substitute to SB 346.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson

Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne

Marin Y Martin Y Maxwell Y May Y Mayo
McCall

Y Scott, M Sellier Setzler
Y Shaw E Sheldon Y Sims, B

THURSDAY, APRIL 29, 2010

5267

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 E Burkhalter Y Burns Y Butler Y Byrd
Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

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

Y 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 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, 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 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 motion the ayes were 157, nays 1.

The motion prevailed.

Representative Stephens of the 161st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 346 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 346.

/s/ Bobby Franklin Representative, District 43

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Under the general order of business, established by the Committee on Rules, the following Resolution of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to impose an annual $10.00 trauma charge on certain passenger motor vehicle registrations in this state for the purpose of funding trauma care; to provide for a trauma trust fund; to provide for a definition; to provide for procedures; to provide for exceptions; to provide that such funds shall not be subject to lapse and certain other restrictions; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows:
"(o)(1) As used in this subparagraph, the term 'passenger vehicle' means every motor vehicle designed to carry ten or fewer passengers and that is used for the transportation of persons and shall include pickup trucks, motorcycles, sport utility vehicles, and passenger vans. (2) There shall be imposed an annual $10.00 trauma charge on each passenger vehicle, as defined in this subparagraph, registered in this state. Such trauma charge shall be collected at the same time as other license tag and registration fees required by law are collected and prior to the issuance of a license plate or revalidation decal for such passenger vehicle in such manner as may be provided for by general law.

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(3) The trauma charge under this subparagraph shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. (4) Proceeds of the trauma charge under this subparagraph shall be deposited on a monthly basis in a trauma trust fund. The General Assembly shall provide for the operation of such trust fund and shall specify the trauma care purposes for which such funds are to be expended. (5) Revenues deposited into the trauma trust fund shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II."

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 impose an annual ( ) NO $10.00 trauma charge on certain passenger motor vehicles in this state
for the purpose of funding trauma care?" 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 Y Barnard Y Battles N Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks

Y Crawford Davis
Y Dawkins-Haigler Y 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 Y Everson

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson Y Jones, J Y Jones, S

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

N 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 Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R

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

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

Y Jordan Y Kaiser Y Keen Y Keown Y Kidd
Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey
Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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 Stephenson N Stout Y Talton Y Taylor N 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, by substitute, the ayes were 149, nays 14.

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

Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Byrd of the 20th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Ehrhart of the 36th and Hugley of the 133rd stated that 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 Gardner of the 57th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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:

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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 Senate substitute was read:
A BILL
To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to change certain provisions relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended in Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and inspection of solid waste generators, by revising paragraph (1) of subsection (e) as follows:
"(e)(1)(A) Reserved. (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 modified by the director to allow a vertical or horizontal expansion one time

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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 shall 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 recovered materials processing facility. 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. Said part is further amended by revising Code Section 12-8-27, which is reserved, as follows: "12-8-27. No local government may require, as a condition of or consideration for a solid waste hauling contract, any person to use methane gas generated at a landfill in their vehicles."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Nix of the 69th moves to amend the Senate substitute to HB 1059 (HB 1059/SCSFA/2) by striking "shall" on line 34 and inserting in lieu thereof "may".
By striking lines 49 through 54.
Representative Nix of the 69th moved that the House agree to the Senate substitute, as amended by the House, to HB 1059.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston E 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 Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin N Martin Y Maxwell Y May Y Mayo Y McCall N 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 Pruett Y Purcell Y Ramsey Y Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Scott, M 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 N Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas N 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 motion, the ayes were 140, nays 16.

The motion prevailed.

Representatives Bryant of the 160th and Geisinger of the 48th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Hatfield of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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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.
Representative Lindsey of the 54th moved that the House insist on its position in substituting SB 454.
The motion prevailed.
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a sales and use tax for local community support of economic development and quality of life; to establish special districts; to provide for legislative findings and intent; 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 change certain provisions regarding the ceiling on local sales and use taxes; to change certain provisions regarding aggregate limitations on excise taxes and sales and use taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8 by adding a new article to read as follows:
"ARTICLE 5
48-8-240. The General Assembly finds that:
(1) There exist different and critically important needs and opportunities for economic and community development in local communities throughout Georgia using local community cultural assets, programs, and projects; (2) Strong and sustainable local cultural institutions are significant community assets serving important public functions by encouraging local economic development, providing resources for improvement of student performance and achievement, and encouraging the growth of a creative local economy and quality of life, all of which contribute to the overall economic development of the State of Georgia; (3) Support of existing local cultural and community specific assets and qualified local projects are best identified and regulated by local communities who may best determine through a local referendum the amount, term, and scope of such support as might be provided by each local community; (4) Cultural organizations exist in a variety of forms and sizes throughout the State of Georgia, and flexibility is required in funding support to meet the significant differences in the needs of such cultural organizations based on their size; and (5) Each county in Georgia should have the opportunity to present to its citizens for referendum approval a resolution creating special local community support districts for economic development and quality of life and imposing an incremental sales tax of less than 1 percent in support of projects tailored to its local needs and priorities in order to sustain existing qualified local cultural institutions and other qualified local projects within such district.
48-8-241. As used in this article, the term:
(1) 'Allocation plan' means the formula for the division of funds raised by the tax under this article. (2) 'Artist and support organization' means an organization which is a qualified local cultural organization that has average annual gross revenues of less than $75,000.00 for its past three fiscal years. (3) '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

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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. (4) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (5) 'District' means a special district for community support of local economic development and quality of life created pursuant to Code Section 48-8-242. (6) 'Gross revenues' means the not for profit operating revenues from all sources earned by or funds paid or contributed to a qualified local cultural organization for performances, exhibitions, or activities within a district, except for capital construction fund income, designated funds raised for specific capital needs, or endowment corpus as shown by financial statements prepared in accordance with uniform accounting principles. (7) 'Qualified local cultural organization' means a private not for profit arts and cultural organization having as its primary purpose the advancement of art, music, theater, dance, history, natural history, animal sciences, or botanical research or the advancement and preservation of plant sciences through horticultural display that is serving the public and advancing local economic and cultural development and strengthening local education and that:
(A) Has been continuously producing or presenting seasons of cultural programs within the district for a period of not less than five years, and if operating in more than one district shall be deemed for the purposes of this article to operate in each such district pro rata on the basis of the service activity and budgets for operations in each district; (B) Is qualified under Section 501(c)(3) of the Internal Revenue Code; (C) Is open to the general public with or without fee, excluding projects, events, or organizations that are extensions of academic programs for which more than 50 percent of the participants receive academic credits; (D) Provides publicly available periodic financial information and, if the organization has annual gross revenues greater than $250,000.00, provides an audit; and (E) Is neither an agency of the state nor a political subdivision of the state, nor an organization with average annual gross revenues for its past three fiscal years greater than $300,000.00 which receives more than 30 percent of its annual gross revenues or total capital funding from governmental funding excluding funds provided for re-granting to other qualified local cultural organizations. Qualified local cultural organizations may include, without limitation, museums, visual and performing arts centers and visual and performing arts organizations, zoos, aquariums, botanical gardens, and natural history organizations. (8) 'Qualified local initiative' means a public authority, governmental entity, or private not for profit organization qualified under Section 501(c)(3) of the Internal Revenue Code, each of which has operated within the district for a period of not less than three years providing a public service or function by advancing local community development and improvement through the creation or operation of sports or recreational facilities or activities; after school or out of school programs to improve

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student performance, achievement, and graduation; improvements in public safety; crime prevention; the acquisition, development, and maintenance of public parks, trails, and bikeways; the maintenance and improvement of public roads or transportation; or the creation of jobs within the district. (9) 'Supervising organization' means the administrative entity established pursuant to Code Section 48-8-249 to manage, supervise, and distribute funds of a district.
48-8-242. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution, a special district for local community support of economic development and quality of life is created in each county. The geographical boundary of a special district shall be conterminous with the boundary of the county. (b) When the imposition of a special district sales and use tax for the purpose of funding either or both operating support and capital improvements of qualified local cultural organizations and either or both operating support and capital improvements of other specifically identified qualified local initiatives is authorized in accordance with the criteria and procedures provided in this article within a special district, the governing authority of the county within the special district may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district for a limited period of time a special sales and use tax under this article. (c) Any tax imposed under this article shall be at the rate of up to 1 percent in increments of one-tenth of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3.
48-8-243. (a) The governing authority of the county voting to impose the tax authorized by this article within the special district shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution calling for the imposition of the tax. Such resolution shall specify the criteria consistent with the provisions of this article by which qualified local cultural organizations shall be determined to be funded under the tax and any qualified local initiatives for which the proceeds of the tax are to be used and may be expended and:
(1)(A) Specify a 15 year duration of the tax in counties in which are located qualified local cultural organizations that have combined annual gross revenues in excess of $100 million; or (B) Specify a specified maximum duration of the tax, to be stated in calendar years or calendar quarters and not to exceed 15 years, in counties in which are located

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qualified local cultural organizations that have combined annual gross revenues equal to or less than $100 million; (2) Identify any capital projects and the public services, function, and uses of such proposed tax moneys for any qualified local initiative selected by the governing authority that would be supported by such tax and the expected public benefits to be received; and (3) Specify the proposed allocation plan for distribution of net proceeds of the tax which shall specifically identify the portion of the net proceeds of the tax allocated to qualified cultural organizations and the portion allocated to qualified local initiatives. (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. (c) If a sales tax for local community support of economic development and quality of life is to be imposed, the ballot shall have written or printed thereon the following:
'( ) YES Shall a sales and use tax for community support of local economic development and quality of life purposes in this special district of
( ) NO ____________ County be imposed at the rate of __________ percent (or _____ for each $10.00) for a period of time not to exceed __________?'
(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the 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 the funds of the county within the special district.
48-8-244. (a) If the imposition of the tax authorized by this article 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.

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(b) The tax authorized by this article shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax. (c) At any time, no more than a single tax authorized by this article may be imposed within a special district. (d) The governing authority of the county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution calling for the reimposition of a tax authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (e) Following the expiration of a tax authorized by this article, the governing authority of the county within the special district may initiate proceedings for the reimposition of such tax in the same manner as provided in this article for initial imposition of such tax.
48-8-245. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the governing authority of the county and the supervising organization 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 governing authority of the county within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-246. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.

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48-8-247. The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:
(1) One and one-half percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution as provided in Code Section 48-8248.
48-8-248. (a) The remaining proceeds of the tax imposed under this article shall be distributed by the governing authority of the county in the special district to the supervising organization of the district. The supervising organization shall distribute such proceeds quarterly pursuant to the allocation plan as follows:
(1) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues in excess of $100 million:
(A) A sum equal to 1 percent of the first three-tenths of 1 percent levied shall be distributed to the supervising organization for competitive awards of project funding to artist and support organizations on the basis of criteria and guidelines issued by the supervising organization; and (B) A sum equal to 55 percent of the first three-tenths of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations within such district as follows:
(i) To the largest 10 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 15 percent of their combined average annual gross revenues for their past three fiscal years; (ii) To the next largest 30 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 17 percent of their combined average annual gross revenues for their past three fiscal years; and (iii) To the remaining 60 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 19 percent of their combined average annual gross revenues for their past three fiscal years; (2) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues equal to or less than $100 million, a sum equal to 55 percent of the first one-tenth of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations in accordance with locally created and uniformly applied rules and guidelines; (3) A sum equal to 1 percent of the sums received by the supervising organization shall be retained by the supervising organization to carry out the functions of the supervising organization; and

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(4) The balance of such remaining proceeds shall be distributed to qualified local initiatives to perform the specified public service and public functions and projects pursuant to paragraph (2) of subsection (a) of Code Section 48-8-243. (b) Each such qualified local cultural organization funded under this Code section shall receive a sum equal to 80 percent of the specified percentage of their average annual gross revenues for their past three fiscal years subject only to meeting uniform guidelines for financial reporting and stability established by the supervising organization. Each such qualified local cultural organization may compete with other such organizations in their size group for single or multiyear grants of the remaining 20 percent allocated to their group on the basis of criteria and guidelines issued by the supervising organization. If the collected amounts of incremental sales tax revenues available for distribution are insufficient to fund the total amount each qualified local cultural organization would receive under this article, then each qualified local cultural organization shall receive a pro-rata share of the funds each would have received if sufficient funding were available.
48-8-249. The management, supervision, and distribution of funds of a district under Code Section 48-2-248 shall be vested in a supervising organization created by, appointed by, or contracted with by the governing authority of the county within the special district. Each supervising organization shall have a governing board or committee empowered to exercise the responsibilities of the supervising organization under this article. Fifty percent of the governing board or committee shall be composed of representatives of qualified local cultural organizations, and all members of the governing board or committee shall recuse themselves from participating in issues presenting a direct conflict of personal interests. The supervising organization shall elect its own chairperson and establish its own bylaws in conformance with the obligations imposed by this article and shall report annually on all expenditures and distributions to the governing authority of the county within the special district. Supervising organizations shall have the following duties and responsibilities:
(1) To administer the funding of qualified local cultural organizations and qualified local initiatives in accordance with this article and as approved by the voters; (2) To receive in trust and administer the distribution of all funds received from the tax imposed under this article; (3) To properly determine and uniformly calculate the amounts to be received by each qualified local cultural organization under this article; (4) To institute and administer competitive grant programs for the support of cultural organizations and artists in accordance with this article; (5) To determine and distribute the portion of the funds received from the tax imposed under this article to the qualified local initiatives as provided under this article; (6) To ensure that determinations on funding of any recipients shall be based not on political expediency but rather on the organization's contribution to the general

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welfare of its intended audience and the demonstration of its relative ability to provide benefits to the citizens of the district and the state; (7) To receive and review annual financial information from each qualified local cultural organization and qualified local initiative and prepare an annual report to the public and the governing authority of the county within the special district on all expenditures and distributions; and (8) To employ such staff and consultants as deemed necessary to fulfill its responsibilities under this article and to perform such other tasks as may be appropriate to fulfill its purposes under this article which are not inconsistent with this article.
48-8-250. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or municipality or in a special district which includes the county or municipality.
48-8-251. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-252. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.

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48-8-253. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-254. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of the governing authority of the county within the special district to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-255. (a) The proceeds received from the tax authorized by this article shall be used by the authorized recipients within the special district exclusively for the purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds and shall not in any manner be commingled with other funds prior to the expenditure. (b) The authorized recipient 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 of any capital item, 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.
48-8-256. The governing authority of the county within the special district receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of the county within the special district receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such special district, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost for any capital item, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year."

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SECTION 2. Said title is further amended in Code Section 48-8-6, relating to a ceiling on local sales and use taxes, by revising subsections (b) and (c.1) as follows:
"(b) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply in a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (3) (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 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; and (5) A sales and use tax levied under Article 5 of this chapter. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed." (c.1) 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

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and use taxes shall not exceed 14 percent. The aggregate amount limitation of this subsection shall not count toward or include a sales and use tax levied under Article 5 of this chapter."
SECTION 3. Said title is further amended by revising Code Section 48-8-201, relating to distribution of proceeds of the water and sewer projects and costs tax as follows:
"(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. The aggregate amount limitation of this subsection shall not count toward or include a sales and use tax levied under Article 5 of this chapter."
SECTION 4. Said title is further amended in subsection (a) of Code Section 48-13-51, relating to county and municipal excise taxes on public accommodations, by revising paragraphs (3.1) and (4.1) as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local building authority created by local constitutional amendment,

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and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent; provided, however, that such aggregate amount limitation shall not count toward or include a sales and use tax under Article 5 of Chapter 8 of this title. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (3.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this

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paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 percent; provided, however, that such aggregate amount limitation shall not count toward or include a sales and use tax under Article 5 of Chapter 8 of this title. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority."

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Knight of the 126th moved that the House disagree to the Senate substitute to HB 335.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 335.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 231. By Senator Weber of the 40th:
A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Cowsert of the 46th, Harp of the 29th, and Hamrick of the 30th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Williams of the 19th, Rogers of the 21st, and Chance of the 16th.
The Senate has adopted the report of the Committee of Conference on the following resolution of the House:
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.
Mr. Speaker:
The Senate has agreed to the House substitute to the following resolution of the Senate:

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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.
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
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.
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.
The Speaker announced the House in recess until 1:45 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
The following Resolutions of the House were read and adopted:
HR 2220. By Representative Dempsey of the 13th:
A RESOLUTION recognizing Honor Flight of Northwest Georgia and commending Georgia's World War II veterans; and for other purposes.
HR 2221. By Representative Cheokas of the 134th:
A RESOLUTION recognizing and commending the 40th Biennial Clergy Laity Congress; and for other purposes.
HR 2222. By Representatives Dempsey of the 13th, Ralston of the 7th and Horne of the 71st:
A RESOLUTION celebrating the birth of Caroline Kimbrell Sawhill; and for other purposes.
HR 2223. By Representatives Golick of the 34th, Parsons of the 42nd, Wix of the 33rd, Johnson of the 37th, Cooper of the 41st and others:

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A RESOLUTION recognizing and commending Mr. Sam Olens; and for other purposes.
HR 2224. By Representatives Morgan of the 39th, Brooks of the 63rd, Dooley of the 38th, Jones of the 44th and Manning of the 32nd:
A RESOLUTION recognizing and commending Mrs. Deane Bonner for her years of outstanding service as President of Cobb National Association for the Advancement of Colored People; and for other purposes.
HR 2225. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mrs. Brenda Wheeler Walraven on her outstanding public service; and for other purposes.
HR 2226. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Mr. Frank Johnson, outstanding Georgia citizen, on the occasion of his retirement; and for other purposes.
HR 2227. By Representatives Morgan of the 39th, Kaiser of the 59th, Ashe of the 56th and Jones of the 46th:
A RESOLUTION recognizing and commending Mr. Gerard Robinson; and for other purposes.
HR 2228. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Dr. Paul DeLargy; and for other purposes.
HR 2229. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Tom Cochran; and for other purposes.
HR 2230. By Representatives Morgan of the 39th, Dooley of the 38th and Jones of the 44th:
A RESOLUTION recognizing and commending R-Jabs Wings on the occasion of its third anniversary; and for other purposes.

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HR 2231. By Representatives Morgan of the 39th, Wix of the 33rd and Jones of the 44th:
A RESOLUTION recognizing and commending Mr. Ashley B. Hosey; and for other purposes.
HR 2232. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Walter Barrow Love; and for other purposes.
HR 2233. By Representatives Murphy of the 120th and Howard of the 121st:
A RESOLUTION recognizing and commending Ms. Eloise Kay Curtis; and for other purposes.
HR 2234. By Representative Dobbs of the 53rd:
A RESOLUTION Recognizing and commending Ben Lacy O'Callaghan III; and for other purposes.
HR 2235. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending William Richard Morse; and for other purposes.
HR 2236. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Christian Hay Rasmussen; and for other purposes.
HR 2237. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Frederick Tanner Blumer, Jr.; and for other purposes.
HR 2238. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Ian Donlaw Palmer; and for other purposes.

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HR 2239. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Devin Hawkins Cox; and for other purposes.
HR 2240. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Eric Finlayson Dancu; and for other purposes.
HR 2241. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Thornton John Denson; and for other purposes.
HR 2242. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Robert Alexander Connelly; and for other purposes.
HR 2243. By Representatives Mangham of the 94th, Dawkins-Haigler of the 93rd, Collins of the 95th and Stephenson of the 92nd:
A RESOLUTION recognizing and commending the Rockdale County Democratic Party; and for other purposes.
HR 2244. By Representative Ralston of the 7th:
A RESOLUTION urging the United States Congress to designate the Mountaintown area of the Chattahoochee National Forest in Gilmer County, Georgia, as a National Wilderness area; and for other purposes.
HR 2245. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Evan Victor Glanville; and for other purposes.
HR 2246. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Cedric A.C. Heckel-Jones; and for other purposes.

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HR 2247. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Justin Terrell Huckaby; and for other purposes.
HR 2248. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Garrett Michael Jacobs; and for other purposes.
HR 2249. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Francis McIntire Love; and for other purposes.
HR 2250. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Robert Harris Riley; and for other purposes.
HR 2251. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Addison Dorsett SchleyRitchie; and for other purposes.
HR 2252. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending Adam Nathan Kahn; and for other purposes.
HR 2253. By Representative Mitchell of the 88th:
A RESOLUTION commending the DeKalb County Board of Education and DeKalb County Board of Commissioners for working together for the use of middle school facilities to provide after school recreational activities for children in grades K through 12; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

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SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Pruett of the 144th moved that the House adhere to its position in insisting on its substitute to SB 238 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Hembree of the 67th, Pruett of the 144th and Cole of the 125th.
The Speaker Pro Tem assumed the Chair.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitutes to the following bills of the House:
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an

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effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
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.
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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Douglas of the 17th, and Mullis of the 53rd.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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.
The Senate has dissolved Committee of Conference #1 and has appointed a Committee of Conference # 2 on the following bill of the House:
HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating

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to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Murphy of the 27th, Cowsert of the 46th, and Mullis of the 53rd.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from previous legislative day, was taken up for consideration and read the third time:
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.
The following Committee substitute was read:
A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to clarify and change provisions regarding the carrying and possession of weapons; to provide for definitions; to provide for the offense of carrying a weapon without a license; to prohibit carrying weapons in unauthorized locations; to change provisions relating to carrying weapons within school safety zones, at school functions, or on school property; to change provisions relating to carrying a pistol without a license; to change provisions relating to the license to carry a pistol or revolver and the licensing exceptions; to conform cross-references with definitions; to provide for a weapons carry license; to amend various titles of the Official Code of Georgia Annotated so as to conform and correct cross-references; to provide for effective dates and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I CARRYING A WEAPON IN GEORGIA
SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, by adding a new Code section to read as follows:
"16-11-125.1. As used in this part, the term:
(1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a sharp blade that is greater than five inches in length which is fastened to a handle. (3) 'License holder' means a person who holds a valid weapons carry license. (4) 'Long gun' means a firearm designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; provided, however, that the term 'long gun' shall not include a gun which discharges shot of .46 centimeters or less in diameter. (5) 'Weapon' means a knife or handgun. (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section 16-11-129."
SECTION 1-2. Said title is further amended by revising Code Section 16-11-126, relating to carrying a concealed weapon, as follows:
"16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:

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(1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may transport any handgun or long gun provided that it is enclosed in its case and unloaded. (d) Any person licensed to carry a handgun or weapon in any state whose laws recognize and give effect within such state a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state.

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(e) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting; provided, however, that a handgun, whenever loaded, shall be carried only in an open and fully exposed manner. (f) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-310, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
(g)(1) No person shall carry a weapon without a valid weapons carry license issued pursuant to Code Section 16-11-129 unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (f) of this Code section. (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection. (h) Upon conviction of the offense of carrying weapon without a valid weapons carry license, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years."
SECTION 1-3. Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows:
"16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the

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carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
(c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122 through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. (a) As used in this Code section, the term: (1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county,

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municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders; (7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (d) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility; and

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(3) To a weapon or long gun when possessed by a license holder in an airport in any area in which weapon or long gun possession is not regulated by the federal government."
SECTION 1-4. Said title is further amended by revising subsections (a) and (b), paragraphs (7) and (8) of subsection (c), and subsections (f) and (g) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(a) As used in this Code section, the term: (1) 'School safety zone' means in, or on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, or on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic, wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any person who is not a license holder and violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (3) Any license holder who violates this subsection shall be guilty of a misdemeanor.

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(4) Any person convicted of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (5) A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63." "(7) A person other than a student who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or a person other than a student who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone by any person other than a student; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;" "(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet the area of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.

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(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 16-11-127.2, relating to firearm or weapon on premises of a nuclear power facility, as follows:
"(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon or long gun. Any person who violates this subsection shall be guilty of a misdemeanor."
SECTION 1-6. Said title is further amended by revising Code Section 16-11-128, relating to carrying a pistol without a license, as follows:
"16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:
(1) For the first offense, he shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. Reserved."
SECTION 1-7. Said title is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows:

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"16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00 $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which. Such license or renewal license shall authorize that person to carry any pistol or revolver weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to:
(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application;

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(4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license;
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term:
(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age;

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(B) Any person who is prohibited from possessing firearms pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (C) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (D) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section or has been convicted of any of the following:
(i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127 and has not been free of any other conviction for at least five years immediately preceding the date of the application; (E) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of: (i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (B) through (D) of this paragraph for at least five years immediately preceding the date of the application; or (F) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a license or renewal license to carry a pistol or revolver weapon, place the fingerprint required by subsection (f) of this Code section

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on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two five business days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two five business days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code

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section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 1611-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver weapon under the authority granted by this Code section, and his or her failure to do so shall be primafacie evidence of a violation of Code Section 16-11-128 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f)(1) Weapons carry license License specifications. Weapons carry licenses Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127.

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(2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B) Probate courts shall petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing the weapons carry licenses specified in subparagraph (A) of this paragraph, and the department shall follow the competitive bidding procedure set forth in Code Section 50-5-102. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers. (i) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if his the previous license has expired within the last 30 days.

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(2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license. (j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such. Such applicant shall be entitled to recover his or her costs in such action, including reasonable attorney's fees, upon a showing that the denial of the application lacked substantial justification."
SECTION 1-8. Said title is further amended by revising Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows:
"16-11-132. (a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.
(2) For the purposes of this Code section, a pistol or revolver handgun is considered loaded if:
(A) There there is a cartridge in the chamber or cylinder of the pistol or revolver; handgun. (B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to

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possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded;
(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."
SECTION 1-9. Said title is further amended by revising subsection (b) of Code Section 16-11-135, relating to public or private employer's parking lots, as follows:
"(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement

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by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms weapons carry license."
PART II CROSS-REFERENCES
SECTION 2-1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by revising subsection (e) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, as follows:
"(e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such 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. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article."
SECTION 2-2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (o) of Code Section 12-3-10, relating to what persons may be in parks, historic sites, or recreational areas, as follows:
"(o) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative. It shall also be unlawful for any person without a valid weapons carry license issued pursuant to Code Section 16-11-129 to use or possess in any park, historic site, or recreational area any firearms,. It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative."

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SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows:
"(1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms weapons carry license before the probate court, the cost shall be $25.00 per one-half day or portion thereof;" "(12) Application for firearms weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) ..................................................................................15.00 30.00 (13) For issuance of a replacement firearms weapons carry license ...........5.00"
SECTION 2-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (c)(2)(C) of Code Section 16-10-51, relating to bail jumping, as follows:
"(C) Carrying a deadly weapon or long gun to public gathering in an unauthorized location, as provided in Code Section 16-11-127;"
SECTION 2-5. Said title is further amended by revising subsection (b) of Code Section 16-11-34.1, relating to unlawful activities within the state capitol or certain Capitol Square buildings, as follows:
"(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm,; knife designed for the purpose of offense and defense, as such term is defined in Code Section 16-11-125.1; explosive or incendiary device or compound,; bludgeon,; knuckles, whether made from metal, thermoplastic, wood, or other similar material,; or any other dangerous or deadly weapon, instrument, or device."
SECTION 2-6. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows:
"(2) 'Pistol or revolver' means a pistol or revolver handgun as defined in subsection (a) of Code Section 16-11-132 16-11-125.1."

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SECTION 2-7. Said title is further amended by revising Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows:
"16-11-130. (a) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system; (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance 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;

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(10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and (15) Clerks of the superior courts. (b) Code Sections 16-11-126 through 16-11-128 16-11-127.2 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 officers, when specifically designated and authorized in writing by the director of the Division of Probation. (c) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and

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Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to the carrying of such firearms. (d) A prosecution based upon a violation of Code Section 16-11-126, or 16-11-127, or 16-11-128 need not negative any exemptions."
SECTION 2-8. Said title is further amended by revising subsection (b) of Code Section 16-12-123,
relating to bus or rail vehicle hijacking and boarding with concealed weapon, as follows: "(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States, or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item."

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SECTION 2-9. Said title is further amended by revising subsection (a) of Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, as follows:
"(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:
(1) Have any such item on or about his or her person, or (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
(A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle."
SECTION 2-10. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, as follows:
"17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by violating Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages."
SECTION 2-11. Said title is further amended by revising subsection (b) of Code Section 17-7-23, relating to preclusion of certain courts from trying charges involving Code Section 16-11-126 or 16-11-128, as follows:
"(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 or Code Section 16-11-128 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall

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not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law."
SECTION 2-12. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (4) and (6) of subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows:
"(4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location;" "(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver handgun by a person under 18 years of age; or"
SECTION 2-13. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising paragraphs (1) and (2) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, as follows:
"(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area, unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;"
SECTION 2-14. Said title is further amended by revising Code Section 27-3-6, relating to the possession of a firearm while hunting with bow and arrow, as follows:
"27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129."
SECTION 2-15. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, as follows:
"(1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;

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(2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; or"
SECTION 2-16. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (4) of subsection (b) of Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, as follows:
"(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid weapons carry license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or"
SECTION 2-17. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising subsection (a) of Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows:
"(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun."
SECTION 2-18. Said title is further amended by revising subsection (e) of Code Section 43-34-6, relating to investigations by medical board, as follows:
"(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11-126, 16-11128, and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties."
SECTION 2-19. Said title is further amended by revising subsection (f) of Code Section 43-38-10, relating to permits to carry firearms for private detectives and private security, as follows:
"(f) An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state:

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(1) Code Section 16-11-126, relating to carrying a concealed weapon; (2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location; and (3) Code Section 16-11-128, relating to carrying a pistol without a license; and (4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers weapons generally."
SECTION 2-20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:
"(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management,

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custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter."
SECTION 2-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows:
"(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law."
PART III EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring before the effective date of this Act and shall not act as an abatement of any such prosecutions.
SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.
An amendment by Representative Marin of the 96th was ruled out of order.
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:

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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 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 E Collins, T E Cooper Y Cox

Y 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 Ehrhart Y England N Epps, C Y Epps, J E Everson 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 N Heckstall

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

Y 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 Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall
Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Scott, M Sellier
Y Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C N Sinkfield Y Smith, B N Smith, E N 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 Y Teilhet N Thomas N Thompson
VACANT Y Walker Y Weldon N Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix
Yates Ralston, Speaker

On the passage of the Bill, by substitute, the ayes were 118, nays 48.

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

Representatives Reece of the 11th and Yates of the 73rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Smith of the 129th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, SB 308 was ordered immediately transmitted to the Senate.

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The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

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.

Representative Lindsey of the 54th moved that the House adhere to its position in insisting on its substitute to SB 454 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Lindsey of the 54th, Rice of the 51st and Cole of the 125th.

Under the general order of business, established by the Committee on Rules, the following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

SB 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.

The report of the Committee, which was favorable to the 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 Davis Dawkins-Haigler
Y Day

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

Y Marin Y Martin Y Maxwell Y May

Y Scott, M Sellier
Y Setzler Y Shaw

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Y Anderson 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
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T E Cooper Y Cox

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 E Everson Y Floyd E 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 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 E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long
Loudermilk Lucas 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
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
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
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 153, nays 0.

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

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.

The following Committee substitute was read and adopted:

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A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-1-1, relating to definitions, exclusions, and Georgia Forest Products Trucking Rules, as follows:
"46-1-1. As used in this title, the term:
(1) 'Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) 'Certificate' means a certificate of public convenience and necessity issued pursuant to this title. (3) 'Commission' means the Public Service Commission. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (5.1) 'Emergency warning point to multipoint system' means an emergency warning point to multipoint, geographic messaging system that is:
(A) Owned, controlled, or offered by a private company, individual, firm, partnership, or association; and (B) Operated in whole or in part in this state utilizing:
(i) The FM 57 kHz Radio Broadcast Data System standard and a codeable, programmable receiver; or (ii) The FM broadcast band generally and a codeable, programmable receiver. (5.2) 'Emergency warning point to multipoint system provider' means a private company providing emergency warning point to multipoint system services to the public. (5.3) 'Emergency warning point to multipoint system services' means the provision of an emergency warning point to multipoint system to the public including but not limited to the wireless addresses for delivery, testing, and monitoring over the FM broadcast band. (5.4) 'Exempt rideshare' means: (A) Government endorsed rideshare programs;

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(B) Rideshare programs in which a rideshare driver seeks reimbursement for, or the rideshare participants pool or otherwise share, rideshare costs such as fuel; or (C) The leasing or rental of a vehicle, in the ordinary course of the lessor's or rentor's business, for rideshare purposes as part of a government endorsed rideshare program, or for rideshare under a contract requiring compliance with subparagraph (B) of this paragraph. (6) 'For compensation' or 'for hire' means an activity wherein for payment or other compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common control with a motor carrier who shall offer to furnish transportation for compensation or for hire, provided that no exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire. (6.1) 'Gas company' means any person certificated under Article 2 of Chapter 4 of this title to construct or operate any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas. (6.2) 'Government endorsed rideshare program' means a vanpool, carpool, or similar rideshare operation conducted by or under the auspices of a state or local governmental transit instrumentality, such as GRTA, a transportation management association, or a community improvement district, or conducted under the auspices of such transit agencies, including through any form of contract between such transit instrumentality and private persons or businesses. (6.3) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commission may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder. (8) 'Motor carrier of property' means a motor common or contract carrier engaged in transporting property, except household goods, in intrastate commerce in this state. (9) 'Motor contract carrier and motor common carrier' means as follows: (A) 'Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. (B) 'Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both,

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otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier. The term includes, but is not limited to, limousine carriers as defined in paragraph (5) of Code Section 46-7-85.1. (C) Except as otherwise provided in this subparagraph, the terms 'motor common carrier' and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to such vehicles even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities. Such exception shall not include such vehicles engaged in the moving of household goods nor include passenger vans (I) having a capacity of ten persons or more, (II) conducting nonmetered transportation service and not operated by a municipality or municipal, county, or regional governmental authority, and (III) which are engaged in private for-hire transportation operating between points within the corporate limits of a municipality. Pursuant to Code Section 44-1-13, all tow trucks engaged in nonconsensual towing operations between points within the corporate limits of a municipality shall remain subject to the jurisdiction of the commission and the municipality within which such nonconsensual towing operations are conducted; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor common carrier or motor contract carrier of passengers has a permit or a certificate to operate;

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(vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's transportation safety rules:
(I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; (VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or

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logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of public safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of public safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of public safety shall be effective July 1, 1991; (xi) Reserved; (xii) Reserved; (xiii) Vehicles, owned or operated by the federal or state government, or by any agency, instrumentality, or political subdivision of the federal or state government, or privately owned and operated for profit or not for profit, capable of transporting not more than ten persons for hire when such vehicles are used exclusively to transport persons who are elderly, disabled, en route to receive medical care or prescription medication, or returning after receiving medical care or prescription medication. For the purpose of this division, elderly and disabled persons shall have the same meaning as in division (iv) of this paragraph; (xiv) Reserved; or (xv) Ambulances. (10) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his or her vehicle by his or her permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (11) 'Permit' means a registration permit issued by the state revenue commissioner authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for

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hire exempt from the jurisdiction of the state revenue commissioner or intrastate transportation by a motor carrier of property. (12) 'Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (13) 'Private carrier' means every person except motor common carriers or motor contract carriers owning, controlling, operating, or managing any motor propelled vehicle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not for hire over any public highway in this state. The term 'private carrier' shall not include:
(A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject only to the Georgia Forest Products Trucking Rules provided for in division (9)(C)(x) of this Code section; (B) Motor vehicles not for hire engaged solely in the transportation of roadbuilding materials; (C) Motor vehicles not for hire engaged solely in the transportation of unmanufactured agricultural or dairy products between farm, market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer; (D) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term 'hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term 'private carrier'; or (E) Exempt rideshares. (14) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15) 'Railroad corporation' or 'railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (16) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto.

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(17) 'Utility' means any person who is subject in any way to the lawful jurisdiction of the commission. (18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the state revenue commissioner."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"46-2-22.1. All emergency warning point to multipoint systems shall be under the jurisdiction and control of the commission, which shall have full power to regulate and determine just and reasonable rates and charges to be made by any emergency warning point to multipoint system provider for any service performed by such provider."
SECTION 3. Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 12
46-12-1. (a) At least once every five years, the commission shall cause to be performed a management audit of each emergency warning point to multipoint system provider to determine whether it is being managed in an efficient and effective manner. (b) The management audit provided for in this Code section shall be performed by a qualified and reputable management auditor of national reputation, to be selected by the commission from a list of not less than three such auditors, which list shall be made up by mutual agreement of the commission and the emergency warning point to multipoint system provider. The management auditor shall report the results of the audit to the commission. (c) In the event that the commission and the emergency warning point to multipoint system provider are unable to agree on a list of management auditors, either party may petition the Superior Court of Fulton County to select, within 30 days of filing, such a list after a hearing on the petition. (d) The audited emergency warning point to multipoint system provider shall pay for the management audit. The cost of the management audit shall be recognized by the commission as an operating expense of the emergency warning point to multipoint system provider; and the emergency warning point to multipoint system provider's rates shall be fixed by the commission to recover this retail expense amortized over such period as the commission may direct.

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46-12-2. Municipal corporations, counties, consolidated governments, or any other political subdivision of the state or any department or agency thereof shall not be required to utilize the services of an emergency warning point to multipoint system. Municipal corporations, counties, consolidated governments, or any other political subdivision of the state or any department or agency thereof utilizing the services of an emergency warning point to multipoint system and emergency warning point to multipoint system providers shall not be liable for failure to deliver information over an emergency warning point to multipoint system, except in the case of gross negligence."

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 Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas Y Coan E 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 E Everson
Floyd E 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 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
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E 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
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
Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese

Y 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 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

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Coleman Y Collins, D E Collins, T E Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Lunsford Y Maddox, B Y Maddox, G
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 157, nays 1.

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

Representatives Byrd of the 20th and Horne of the 71st stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following Bills of the House were taken up for the purpose of considering the Senate action 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:

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 following Senate substitute was read:

A BILL

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 an exception; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising Code Section 47-14-77, relating to service for which no credit may be received for retirement purposes, by adding a new subsection to read as follows:
"(d)(1) Notwithstanding any other provision of this chapter to the contrary, and except as provided in paragraph (2) of this subsection, a clerk who first or again becomes a member of this retirement fund on or after July 1, 2010, shall not be entitled to receive credit for any purpose for prior service as a deputy clerk. (2) Any person who is serving as chief deputy clerk on July 1, 2010, and who, without a break in service, became the clerk of the same court may receive creditable service for such service as provided in Code Section 47-14-70 by making application to the board of trustees in such manner as the board deems appropriate and paying to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting such creditable service. Such application and payment shall be made not later than six months after such person became a clerk of the court."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"47-14-79. A death benefit in the amount of $5,000.00 shall be paid to the designated beneficiary of any member who dies in service. In the absence of a designated beneficiary, such amount shall be paid to the deceased member's estate. For members eligible for a surviving spouse's benefit, such amount shall be in addition to the benefit provided pursuant to Code Section 47-14-72."
SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Meadows of the 5th moved that the House agree to the Senate substitute to HB 486.

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On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y 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 E Everson Y Floyd E 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
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan E 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
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
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 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
Williams, R Wix Y Yates Ralston, Speaker

On the motion, the ayes were 155, nays 1.

The motion prevailed.

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

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This version of HB 486 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 486.
/s/ Bobby Franklin Representative, District 43
HB 400. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to enact the "Building Resourceful Individuals to Develop Georgia's Economy Act" to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for the development of focused programs of study; to provide for model programs for students at risk of dropping out of high school; to train school counselors and graduation coaches to provide for educational counseling and career awareness programs for students; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate 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 enact the "Building Resourceful Individuals to Develop Georgia's Economy Act"; to develop programs to improve graduation rates and to improve the preparedness of students for postsecondary education and careers; to provide for definitions; to provide for individual graduation plans; to establish a reform grant program; to provide that the grant program is subject to appropriations; to require local school systems which receive a reform grant to comply with certain requirements; to provide for rules and regulations; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by adding a new part to read as follows:
"Part 16
20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.'
20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'Career academy' means a specialized charter school established by a partnership between one or more local boards of education and a technical school or college and approved by the State Board of Education in accordance with Article 31 of this chapter or the Georgia Charter Schools Commission in accordance with Article 31A of this chapter. This term also includes a small learning community where a student receives academic instruction at his or her assigned high school combined with work based learning opportunities at an industry center or technical school or college. (3) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (4) 'Chronically low-performing high school' means a public high school in this state that has a graduation rate of less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data, or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) 'Focused program of study' means a rigorous academic core combined with a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article that prepares a student for postsecondary education or immediate employment after high school graduation.

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(6) 'Graduation plan' means a student specific plan developed in accordance with subsection (c) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force. (7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two, three, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted, and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a career academy organized around a specific career theme which integrates academic and career instruction, provides work-based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (10) 'Teacher adviser system' means a system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed. (11) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia.
20-2-327. (a) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) Meeting postsecondary entrance test requirements, and (2) Qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education.

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(b) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (c) Beginning with the 2010-2011 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall:
(1) Include rigorous academic core subjects and focused course work in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway course work; (2) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (3) Align educational and broad career goals and a student's course of study; (4) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (5) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (6) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (7) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to postsecondary education; and (8) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser.
20-2-328. (a) Subject to appropriations by the General Assembly, the State Board of Education shall establish a competitive grant program for local school systems to implement school reform measures in selected high schools. The state board shall establish

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program requirements in accordance with the provisions of this Code section and shall establish grant criteria, which shall include that priority for reform grants shall be given to chronically low-performing high schools.
(b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to this Code section for addressing at-risk students, which shall include various programs and curricula that have proven to be effective for at-risk students focusing on:
(A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more students' performances to grade level standards in reading and mathematics by the end of ninth grade; (D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; (B) A process for identifying at-risk students, closely monitored by the Department of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing ninth grade such as: (A) Utilizing a flexible schedule that increases students' time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and reteaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of

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technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. (c) The State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to this Code section to make the high schools more relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on: (1) Setting high expectations for all students; (2) Personalizing graduation plans for students; (3) Developing small learning communities or career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) This Code section shall be subject to appropriations by the General Assembly.
20-2-329. High schools that receive a reform grant pursuant to Code Section 20-2-328 shall:
(1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and selfdiscipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and curriculum requirements established pursuant to Part 2 of this article, including, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards; (2) Implement a teacher adviser system; (3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through apprenticeship programs and how these programs can lead to a variety of career fields. Local school systems shall provide opportunities for field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or guardians, with guidance from

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school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to subsection (c) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) A career pathway that leads to passing an employer certification exam in a high demand, high skill, or high wage career field or to an associate's degree or bachelor's degree. The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to subsection (b) of Code Section 20-2-328; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-328; and (7) Schedule annual conferences to assist students and their parents or guardians in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan.
20-2-329.1. The State Board of Education shall promulgate rules and regulations necessary to carry out the provisions of this part."
SECTION 2. Said article is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by adding a new subsection to read as follows:
"(q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least four times."

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Millar of the 79th moved that the House agree to the Senate substitute to HB 400.

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
Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter
Casas Y Chambers Y Channell Y Cheokas
Coan E Cole
Coleman Y Collins, D E Collins, T E 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 E Everson Y Floyd E 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
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 E Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey
Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham Y Manning

Marin Y Martin E Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris 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
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y 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 Y 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 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 motion, the ayes were 149, nays 2.

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The motion prevailed.
Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative England of the 108th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1195 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives England of the 108th, Cox of the 102nd and Coan of the 101st.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1284

The Committee of Conference on HB 1284 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1284 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Goggans Senator, 7th District

/s/ Smith Representative, 131st District

/s/ Jack Hill Senator, 4th District

/s/ Collins Representative, 27th District

/s/ Bulloch Senator, 11th District

/s/ May Representative, 11th District

A BILL

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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, is revised as follows:
"45-12-92. (a) All departments, agencies, and budget units charged with the duty of collecting taxes, fees, assessments, or other moneys, the collection of which is imposed by law, if required, shall pay all revenues collected by them into the state treasury on a monthly basis on or before the fifteenth day of each month for the immediately preceding month's collections, according to such rules and regulations as may be prescribed by the

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JOURNAL OF THE HOUSE

Office of Planning and Budget. No allotment of funds shall be made to any budget unit which has failed to comply fully with this Code section.
(b)(1) As used in this subsection, the term 'user fee' shall mean voluntary or mandatory payments made in exchange for a government good or service provided specifically to the fee payer. A revenue source meets this definition if the authorization for the fee explicitly or implicitly ties the fee to the activities of a specific program, such as a licensing fee charged by a regulatory program. Fines, penalties, late fees, or similar punitive charges are not included in this definition. (2) All departments, agencies, and budget units charged with the duty of collecting user fees, the collection of which is authorized by law or regulation, shall compile a separate annual report to be submitted to the Office of Planning and Budget showing:
(A) The statute or regulation authorizing a user fee; (B) The user fee amount; (C) The goods or services associated with the user fee and the estimated cost of such goods or services; (D) The total amount collected from the user fee in the current fiscal year; and (E) Whether the user fee has been retained by the department, agency, or budget unit or remitted to the state treasury. (3) The report provided for in paragraph (2) of this subsection shall also contain any proposal that the budget unit may have to: (A) Create a new fee, or change, reauthorize, or terminate an existing fee, which shall include a description of the associated service or product provided, or the regulatory function performed; and (B) Adjust an existing fee rate or amount. Each new or adjusted fee rate shall be accompanied by information justifying the proposed rate adjustment, which may include:
(i) The relationship between the revenue to be raised by the fee or change in the fee and the cost or change in the cost of the service, product, or regulatory function supported by the fee, with costs construed as actual costs incurred; (ii) The inflationary pressures that have arisen since the fee was last set; (iii) The effect on budgetary adequacy if the fee is not increased; (iv) The existence of comparable fees in other jurisdictions; (v) Policies that might affect the acceptance or the viability of the fee amount; (vi) Any proposal to designate, or redesignate, the fund into which revenue from a fee is to be deposited; and (vii) Other relevant considerations. (4) The Office of Planning and Budget shall compile and publish on the Open Georgia website, open.georgia.gov, a report showing for each department, agency, or other budget unit the data collected pursuant to this subsection."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 131st moved that the House adopt the report of the Committee of Conference on HB 1284.

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

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

Hembree Y Henson Y Hill, C Y Hill, C.A
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 E 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
Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham Y Manning

Y Marin Y Martin E Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
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
Rice Y Roberts Y Rogers Y Rynders N Scott, A

Y Scott, M Sellier
Y Setzler Y Shaw Y Sheldon Y Sims, B Y 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 Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Ralston, Speaker

On the motion, the ayes were 149, nays 4.

The motion prevailed.

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JOURNAL OF THE HOUSE

Representatives Loudermilk of the 14th 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.
Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:
Mr. Speaker:
Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 550 Do Pass SB 551 Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate action 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 Senate amendment was read:
The Senate moves to amend HB 1002 by inserting "court interpreter" on line 18 between "court reporter" and "or probation officer"

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Representative Willard of the 49th moved that the House agree to the Senate amendment to HB 1002.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Davis
Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd E 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 N Hatfield Y Heard Y Heckstall

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

Y Marin Y Martin E Maxwell
May Y Mayo Y McCall Y McKillip
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
Powell, A Y Powell, J N Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese
Rice Y Roberts Y Rogers Y Rynders Y Scott, A

N Scott, M 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 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 Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Ralston, Speaker

On the motion, the ayes were 134, nays 14.

The motion prevailed.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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JOURNAL OF THE HOUSE

The Senate insists on its amendment to the House substitute to the following bill of the Senate:
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.
The Senate insists on its substitute 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.
The Senate has agreed to the House amendment to the following bill of the Senate:
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.
The Senate has agreed to the House substitute to the following bill of the Senate:
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

THURSDAY, APRIL 29, 2010

5355

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.
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 56. By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Butler of the 55th, Murphy of the 27th, and Carter of the 1st.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 1890. By Representatives Howard of the 121st, Sims of the 119th, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd:
A RESOLUTION encouraging the formation of a youth advisory council in Augusta-Richmond County; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
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:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of 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.
The Senate has agreed to the House amendment to the following bill of the Senate:
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.
The Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate:
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:
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.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
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

THURSDAY, APRIL 29, 2010

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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.
The following Bills of the House were taken up for the purpose of considering the Senate action 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 Senate amendment was read:
The Senate moves to amend HB 1236 (LC 29 4277S) by striking lines 1 through 4 and inserting in lieu thereof the following: To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, so as to require municipal court judges to be attorneys; to provide for exceptions; to provide for related matters; to repeal conflicting
By striking lines 8 through 109 and inserting in lieu thereof the following: Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, is amended by adding a new Code section to read as follows:
"36-32-1.1. Municipal court judges shall be licensed to practice law in the State of Georgia and a member in good standing of the State Bar of Georgia; provided, however, that any judge serving on June 30, 2010, who does not meet the qualifications required by this Code section may retain his or her judgeship in each particular municipality in which he or she then serves for so long as such judge continuously holds such judgeship in that particular municipality. The provisions of this Code section shall expressly supersede any conflicting local law of this state."
Representative Willard of the 49th moved that the House agree to the Senate amendment to HB 1236.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 100, nays 52.

The motion prevailed.

Representative Sinkfield of the 60th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

THURSDAY, APRIL 29, 2010

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imposition of such tax; to provide for certain reporting requirements; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Titles 48 and 50 of the Official Code of Georgia Annotated, relating to revenue and taxation and state government, so as to change certain provisions regarding imposition of the sales tax for educations purposes; to provide for certain reporting requirements; to provide for additional reporting requirements on the public information website of the Department of Audits and Accounts; 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 48-8-141, relating to imposition of sales tax for educational purposes, to read as follows:
"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 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. The report required pursuant to Code Section 48-8-122 shall be applicable; provided, however, that in addition to posting such report in a newspaper of general circulation as required by such Code section, such report may be posted on the searchable website provided for under Code Section 50-6-32."
SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Code Section 50-6-32, relating to the operation, maintenance, and reporting requirement applicable to a public information website of the Department of Audits and Accounts as follows:

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"50-6-32. (a) This Code section shall be known and may be cited as the 'Transparency in Government Act.' (b) As used in this Code section, the term:
(1) 'Agency' means: (A) Each each department, commission, authority, and agency of the executive branch of government; and (B) The the Board of Regents of the University System of Georgia; and (C) Local boards of education for the purposes of subsection (g) of this Code section.
(2) 'Department' means the Department of Audits and Accounts. (2)(3) 'Searchable website' means a website that allows the public to review and analyze information identified in subsection (c) of this Code section. (c) No later than January 1, 2009, the department shall develop and operate a single searchable website accessible by the public, at no cost, that provides the following information pertaining to state fiscal year 2008: (1) The State of Georgia Comprehensive Annual Financial Report that includes an indexed statement of operations and a statement of financial condition of the state in accordance with governmental generally acceptable accounting principles; (2) The annual Budgetary Compliance Report for the state that provides, by agency, an indexed report comparing budgeted and actual revenues and expenditures by budgetary units for each organization included in the Appropriations Act, as amended. Such report shall include, at a minimum, a statement of the taxes and other revenues remitted to the state treasury and operating revenues retained by the agency during the immediately preceding fiscal year as well as a statement of total expenditures made by the agency during the immediately preceding fiscal year; (3) The annual State of Georgia Single Audit Report that provides, by federal grant, an indexed listing of all expenditures of federal funds and also discloses by state organization any audit findings and corrective actions to be taken; (4) Salaries and expenses of full-time and part-time employees and board members; (5) A list of consultant expenses and other professional services expenses; (6) State Budget in Brief, indexed by reporting agency; and (7) All performance audits conducted by the department for the preceding five years.
As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (d) No later than January 1, 2010, the department shall develop and add to the searchable website a report of certain grant and contract payments made or due to vendors by agencies reporting through the state's general financial accounting and information system and all payments made through economic and incentive programs operated by the Department of Economic Development, the Department of Labor, the Department of Community Affairs, the Department of Agriculture, and the Georgia

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Lottery Corporation pertaining to state fiscal year 2009. Such report shall include, at a minimum:
(1) A list of all obligations entered into by the agency during the immediately preceding fiscal year which call for the agency to expend at any time in the aggregate more than $50,000.00; and (2) A list of the names of each person, firm, or corporation that has received from the agency during the immediately preceding fiscal year payments in excess of $20,000.00 in the aggregate, including the amount paid to such person, firm, or corporation during such period. As soon as is practical after the close of each fiscal year, the department shall update the single searchable website for such fiscal year to include the information set forth in this subsection. (e) All agencies of state government shall provide to the Department of Audits and Accounts such information as is necessary to accomplish the purposes of this Code section. (f) Nothing in this Code section shall require the disclosure of information which is considered confidential by state or federal law. (g) Each local board of education subject to Code Section 48-8-141 shall provide the information required under that Code section to the department for posting on the searchable website."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Holt of the 112th moved that the House agree to the Senate substitute to HB 1013.

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 E 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
Dodson Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd

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 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 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 Y Smith, L Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson

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JOURNAL OF THE HOUSE

Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

E 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 E Harden, M Y Hatfield Y Heard Y Heckstall

E Kaiser Keen
Y Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning

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 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 motion, the ayes were 157, nays 0.

The motion prevailed.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 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.

Mr. Speaker:

The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

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:

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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.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 78. By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

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The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action 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 following Senate substitute was read:
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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article XI, Section I, Paragraph IV of the Constitution is amended by revising subparagraph (e) as follows:
"(e) Any person owning property in an industrial area described in subparagraph (d) of this Paragraph may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will, shall no longer be in the industrial area and may be annexed by an adjacent city shall upon the filing of the certificate be annexed to the city which provides water service to the property, or if no city provides water service shall be annexed to the city providing fire service as provided under the constitutional amendments that created such industrial areas described in subparagraph (d) of this Paragraph. The filing of a certificate will shall be irrevocable and will shall bind the owners, their heirs, and their assigns. The term 'owner' includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property."

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SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from
( ) NO the industrial area?" 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 Bryant of the 160th moved that the House agree to the Senate substitute to HR 136.

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 E 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
Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas
Chambers Y Channell Y Cheokas
Coan E Cole Y Coleman Y Collins, D E Collins, T

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

Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt N Horne
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
Keen N Keown Y Kidd Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long N Loudermilk
Lucas Lunsford N Maddox, B Y Maddox, G

Y Marin Y Martin N Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
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 Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Purcell Ramsey Y Randall Y Reece N Reese Rice Y Roberts Y Rogers

N Scott, M Sellier
Y Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C
Sinkfield 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 N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson VACANT Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix

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Y Cooper N Cox

Y Heard Y Heckstall

Mangham Y Manning

N Rynders Y Scott, A

Y Yates Ralston, Speaker

On the motion, the ayes were 128, nays 18.

The motion prevailed.

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.

The following Senate substitute was read:

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 and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-14-363 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

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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 repair, storage, servicing, or furnishing supplies or accessories for aircraft or aircraft engines or providing contracts of indemnity for aircraft shall have a lien on such aircraft or aircraft engines for any reasonable charges therefor, including charges for labor, for the use of tools, machinery, and equipment, and for all parts, accessories, materials, fuel, oils, lubricants, storage fees, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, therewith. Such lien shall be superior to all liens except liens for taxes, subject to compliance with subsection (b) of this Code section. (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 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 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

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(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 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 Georgia Superior Court Clerks' Cooperative Authority or 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, and shall apply to all liens filed on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 1147.

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 E 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 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
Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner

Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs 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 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 Scott, M Sellier
Y Setzler 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 Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet Y Thomas

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

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

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 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

On the motion, the ayes were 158, nays 1.

The motion prevailed.

HB 333. By Representative Knight of the 126th:

A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, is amended by revising Code Section 50-9-13, relating to exemption from taxation, as follows:
"50-9-13. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article and Article 2 of

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this chapter. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include an exemption from all sales and use tax on property purchased, leased, or used by the authority."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Knight of the 126th moved that the House agree to the Senate substitute to HB 333.

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 E Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Bell
Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman

Y Crawford 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
Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier
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 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 Lindsey Y Long
Loudermilk Y Lucas Y Lunsford

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 Scott, M Sellier
Y Setzler Shaw
Y Sheldon Y Sims, B Y Sims, C
Sinkfield 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 Y Thomas Y Thompson VACANT Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Maddox, B Maddox, G Mangham
Y Manning

Y Roberts Rogers
Y Rynders Y Scott, A

Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 153, nays 0.

The motion prevailed.

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 Senate substitute was read:

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change limitations upon the authority of local governments to levy sales and use taxes and other similar taxes and 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, and before November 1, 2012; to provide for nonapplicability of such certain tax; to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-6, relating to limitations upon the authority of local governments to levy sales and use taxes and other similar taxes, by revising subsection (b) as follows:

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"(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, and before November 1, 2012. 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 (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

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imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; and (4) A sales and use tax levied under Article 4 of this chapter. 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. Said title is further amended in Code Section 48-9-3, relating to the motor fuel tax, by revising subparagraphs (A) and (B) of paragraph (10) of subsection (b) as follows:
"(10)(A) During the period of July 1, 2008 2010, through June 30, 2010 2012, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit vehicles which are owned by public transportation systems which receive or are eligible to receive funds pursuant to 49 U.S.C. Sections 5307 and 5311 for which passenger fares are routinely charged and which vehicles are used exclusively for revenue generating purposes which motor fuel sales occur at bulk purchase facilities approved by the department. (B) During the period of July 1, 2008 2010, through June 30, 2010 2012, sales of motor fuel, as defined in paragraph (9) of Code Section 48-9-2, for vehicles operated by a public campus transportation system, provided that such system has a policy which provides for free transfer of passengers from the public transportation system operated by the jurisdiction in which the campus is located; makes the general public aware of such free transfer policy; and receives no state or federal funding to assist in the operation of such public campus transportation system and which motor fuel sales occur at bulk purchase facilities approved by the department."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Abdul-Salaam of the 74th moved that the House agree to the Senate substitute to HB 1393.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson

Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey

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

Y Marin Y Martin Y Maxwell Y May Y Mayo

N Scott, M Sellier Setzler
Y Shaw Y Sheldon

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Y Ashe E Austin Y Baker Y Barnard Y Battles E 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 N Byrd Y Carter N Casas
Chambers Channell Y Cheokas Coan E Cole Y Coleman Y Collins, D E Collins, T Y Cooper N Cox

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 E 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 N Harden, M N Hatfield Y Heard Y Heckstall

N 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
Keen Y Keown Y Kidd Y Knight
Knox Y Lane, B Y Lane, R Y Levitas E Lindsey Y Long N Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G E 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
Nix Y Oliver Y O'Neal
Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J
Pruett Y Purcell
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
Stephens, M Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet N 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 motion, the ayes were 135, nays 13.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1393 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 1393.

/s/ Bobby Franklin Representative, District 43

THURSDAY, APRIL 29, 2010

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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 Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide a definition for a taxicab and a limousine; to provide for an "In God We Trust" decal on license plates; to change certain provisions relating to registration and titling of motor vehicles; to provide for a special license plate supporting Zoo Atlanta in its mission; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-1-1, relating to definitions, by adding new paragraphs as follows:
"(24.1) 'Limousine' has the same meaning as provided in paragraph (4) of Code Section 46-7-85.1. (63.1) 'Taxicab' means a motor vehicle for hire which conveys passengers between locations of their choice and is a mode of public transportation for a single passenger or small group for a fee. Such term shall also mean taxi or cab, but not a bus or school bus, limousine, passenger car, or commercial motor vehicle."
SECTION 2. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subparagraph (b)(2)(A) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without current license plate or revalidation decal, as follows:
"(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided,

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further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle as provided for in Code Section 40-2-29; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration, unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration, or unless such vehicle is to be registered under the International Registration Plan."
SECTION 2.1. Said chapter is further amended by revising Code Section 40-2-9, relating to license plates containing a space for a county name decal, as follows:
"40-2-9. (a) 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. (b) The department shall make available to all license plates recipients a decal with the same dimensions as the county name decal that contains the words, 'In God We Trust.' The department shall charge any person requesting such decal no more than the cost to the department for the manufacture and distribution of such decal. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-2-20, relating to registration and license requirements and extension of registration period, as follows:
"(a)(1)(A) Except as provided in subsection (b) of this Code section and subsection (a) of Code Section 40-2-47, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to

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operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle."
SECTION 3.1. Said chapter is further amended by revising subsection (d) of Code Section 40-2-26, relating to form and contents of application for registration, as follows:
"(d)(1) As used in this subsection, for the purpose of issuing or renewing motor vehicle registration, the term 'satisfactory proof' means:
(A) Any type of proof that is satisfactory or sufficient proof of the owner's insurance coverage under subsection (a) of Code Section 40-6-10; (B) Information obtained from the records or data base of the department regarding the owner's insurance coverage which information is derived from notice provided to the department pursuant to Code Section 40-5-71 40-2-137; or

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(C) Such other type of proof of the owner's insurance coverage as may be approved for purposes of this Code section by rule or regulation of the department. (2) No vehicle registration or renewal thereof shall be issued to any motor vehicle unless the tag agent receives satisfactory proof that the motor vehicle is subject to a policy of insurance that provides the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 or an approved self-insurance plan and, in the case of a private passenger vehicle, that such coverage was initially issued for a minimum term of six months; provided, however, that the owner's inability to register or renew the registration of any motor vehicle due to lack of proof of insurance shall not excuse or defer the timely payment of ad valorem taxes due and payable upon said vehicle."
SECTION 4. Said chapter is further amended by revising Code Section 40-2-29, relating to license plate fees and temporary permits, as follows:
"40-2-29. (a) Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following:
(1) A motor vehicle certificate of title as provided in Chapter 3 of this title; (2) Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of Code Section 40-2-26; (3) If applicable, satisfactory proof of compliance with the Article 2 of Chapter 9 of Title 12, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; and (4) Satisfactory proof that all fees, permits, and taxes have been paid. (b) An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license plate or temporary permit fee or any taxes required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance. (c) A person unable to fully comply with the requirements of subsection (a) of this Code section shall register such vehicle and receive a temporary operating permit that will be valid until the end of the initial registration period as provided for in paragraph (1) of subsection (a) of Code Section 40-2-21. (d) A conviction for displaying a license plate or temporary license plate not provided for in this chapter shall be punished as a misdemeanor."

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SECTION 4.1. Said chapter is further amended by revising Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, by adding a new paragraph to 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."
SECTION 5. Said chapter is further amended by revising in its entirety Code Section 40-2-137, relating to definitions and notification of termination of insurance coverage of vehicles, as follows:
"40-2-137. (a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle. (2) 'Fleet policy' means a commercial vehicle policy that insures two or more vehicles that are not identified individually by vehicle identification number on the policy or a commercial policy that is subject to adjustment by audit for vehicle changes at the end of the policy period. (3) 'Lapse' means one or more days upon which the records of the department do not reflect that a motor vehicle was covered by a policy of minimum motor vehicle insurance coverage. (4) 'Minimum motor vehicle insurance coverage' means minimum coverage as specified in Chapter 34 of Title 33. (5) 'Proof of minimum insurance coverage' means the receipt from an insurer by the department of notice of such insurance coverage by electronic transmission or other means approved by the department. (6) 'Terminate' or 'termination' means actual cessation of insurance coverage after the date upon which coverage will not be restored for any reason, including without limitation cancellation, nonrenewal, and nonpayment of premium and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.
(b)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any

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policy of motor vehicle liability insurance required by Chapter 34 of Title 33 other than a fleet policy shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic transmission to the department; except that once coverage data has been electronically transmitted to the department, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to name of insurer; vehicle identification number; the make and year of the insured motor vehicle; and policy effective date. The department shall not require the policy limits to be disclosed for purposes of this subparagraph. For the purposes of this Code section, the vehicle identification number shall be the vehicle identification number as that number is shown in the records of the department. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon issuance of a certificate of self-insurance. (B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination of a certificate of selfinsurance. (C) The commissioner shall notify the Commissioner of Insurance quarterly of any and all violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer the same as is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer or the department for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base. The department shall commence the reports provided for in this Code section beginning July 1, 2010. (D) The reports required of insurers and the Commissioner of Insurance shall not apply to any vehicle for which the vehicle coverage is provided by a fleet policy. (2) The department shall prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section which shall in no way be construed as modifying the provisions of Code Section 33-24-45. (3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the department required by paragraph (1) of this subsection shall not invalidate an otherwise valid termination.

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(4) The minimum liability insurance records which the department is required to maintain under this Code section or any other provision are exempt from the provisions of any law of this state requiring that such records be open for public inspection; provided, however, that the records of any particular motor vehicle may be available for inspection by any law enforcement officer for official law enforcement investigations, the insurer of record, and the owner of the vehicle in the manner prescribed by the commissioner. (c)(1) The department shall monitor the reporting by insurers of the issuance of new and renewal policies and the termination of coverage.
(2)(A) A match is based upon the vehicle identification number as recorded on the department's motor vehicle records. When the vehicle identification number does not match the department's motor vehicle records, the department shall notify the insurer and the insurer shall, within 30 days from receipt of the returned error, correct the vehicle identification number and resubmit the transaction. (B) After receipt of the department's notice, if the insurer determines that the vehicle identification number that it submitted to the department is in fact the accurate number on the insured vehicle, then the insurer shall so notify the department and the owner of the vehicle. (C) Upon notification, the owner shall, in a manner prescribed by the commissioner, make a correction of such number at the appropriate county tag office. (d)(1)(A) Upon notification of coverage termination by the insurer, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact that coverage has been terminated and provide an explanation of the penalties provided for by law. (B) The department shall send such notice to the address of the owner of the motor vehicle shown on the records of the department. (C) The mailing of such notice by the department shall be deemed notice of such owner's duty to maintain the required minimum insurance coverage and the possible penalties and consequences for failing to do so and shall be deemed to satisfy all notice requirements of law. (2) It shall be the duty of the owner of such motor vehicle to obtain minimum motor vehicle insurance coverage and it shall be the duty of the owner's insurer to provide proof of such coverage to the department within 30 days of the date of such notice, pursuant to the requirements of subparagraph (b)(1)(A) of this Code section. (3) If the vehicle is covered by a fleet policy, the owner's insurer shall not be required to provide such proof electronically to the department. (e)(1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date of such notice will result in the suspension of the owner's motor vehicle registration

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by operation of law. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee. (2) If proof is not provided within the time period specified in this Code section that minimum motor vehicle insurance coverage is in effect, the owner's motor vehicle registration shall be suspended immediately by operation of law by the department. When such proof is provided and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate; provided, however, that the commissioner may waive the lapse fee and restoration fee for any owner whose vehicle registration has been suspended pursuant to this paragraph who provides proof of continuous minimum motor vehicle insurance coverage. If any restoration fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $10.00 thereof as a collection fee. (3) In the event of a second suspension of the owner's registration under this Code section, within a five-year period of a prior suspension, the department by operation of law shall suspend the motor vehicle registration. When proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $60.00 restoration fee, the suspension shall terminate. (4) In the event of a third or subsequent suspension of the owner's registration under this Code section, within the previous five-year period from the date of the third or subsequent suspension, the department by operation of law shall revoke the motor vehicle registration. When proof is provided that minimum motor vehicle insurance coverage is in effect and the owner pays a $25.00 lapse fee and pays a $160.00 restoration fee, the owner may apply for registration of the motor vehicle. (f)(1) The commissioner may waive the lapse fee for any owner whose vehicle registration has been voluntarily canceled pursuant to Code Section 40-2-10. (2) Upon being presented with a copy of official orders or other satisfactory proof of ordered duty as approved by rule or regulation of the commissioner showing that an owner of a motor vehicle was deployed outside the continental United States on active military duty in the armed forces of the United States at the time his or her minimum motor vehicle insurance coverage for such vehicle terminated, the county tag agent shall waive the lapse fee and restoration fee, suspension of the owner's motor vehicle registration under this Code section shall terminate, and application for registration of the vehicle which otherwise satisfies requirements provided by law may be accepted without delay. (g) The county tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. Such proof shall be retained by the county tax commissioner for audit purposes. (h) Notwithstanding any provision of law to the contrary, a person on active military duty in the armed forces of the United States whose motor vehicle is registered in this state and has license plates from this state and who, as a result of his or her military duties or assignment, is required to reside in another state may meet the requirements for minimum motor vehicle liability coverage by purchasing such coverage in amounts equal to or greater than the minimum coverages required by Georgia law and providing

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proof of such coverage to the department. In such cases, the motor vehicle shall continue to be registered and licensed in this state as long as it otherwise meets the requirements of law."
SECTION 6. Said chapter is further amended by adding a new Code section as follows:
"40-2-168. Owners of a taxicab or limousine, prior to commencing operation in this state, shall, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, and the payment of an annual registration fee of $25.00, be issued a distinctive license plate by the commissioner. Such distinctive license plate shall be designed by the commissioner and displayed on the vehicle as provided in Code Section 40-2-41. The certificate of registration shall be kept in the vehicle. Revalidation decals shall be issued, upon payment of fees required by law, in the same manner as provided for general issue license plates. Such license plates shall be transferred from one vehicle to another vehicle of the same class and acquired by the same person as provided in Code Section 40-2-42. The transition period shall commence upon the effective date of this Code section and conclude no later than December 31, 2010, for all existing registrations. For all existing registrations, except during the owner's registration period as provided in Code Section 40-2-21, the commissioner shall exchange and replace any current and valid registration and license plate at no charge to the owner."
SECTION 7. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title, security interests, and liens, is amended by revising Code Section 40-3-26, relating to delivery of the certificate of title and notice to lienholders, as follows:
"40-3-26. (a)(1) The certificate of title shall be mailed or delivered to the holder of the first security interest or lien named in it. In the event there is no security interest holder or lienholder named in such certificate, the certificate of title shall be mailed or delivered directly to the owner. (2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38. (3) If the certificate of title has not been electronically delivered as provided for in paragraph (2) of this subsection, in lieu of delivering a certificate of title, the

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commissioner may deliver to any security interest holder or lienholder a confirmation form stating the certificate of title is available for printing:
(A) When such confirmation is presented to the commissioner's duly authorized county tag agent or to the commissioner requesting delivery of the title in accordance with this Code section; (B) When the security interest or lien is satisfied and the confirmation form is delivered to the owner stating the security interest or lien is satisfied and released. The owner may then present the confirmation letter to the commissioner's duly authorized county tag agent or the commissioner for printing in accordance with this Code section; or (C) When the security interest holder or lienholder delivers the confirmation form to the commissioner's duly authorized county tag agent or the commissioner stating the security interest or lien is satisfied and released and provides an alternate delivery address to include any subsequent security interest holder, lienholder, vehicle dealer, or other business with an interest in such vehicle. (4) In the event the confirmation form is lost or stolen, the security interest holder or lienholder shall file an affidavit stating the circumstances under which the confirmation form was lost or stolen. Upon receipt, the commissioner shall deliver a certificate of title in accordance with this Code section. (b) If the certificate of title is mailed to a security interest holder or lienholder, such person shall notify by mail all other lien or security interest holders that such person has received the certificate of title. The notice shall inform the security interest holder or lienholder of the contents and information reflected on such certificate of title. Such mailing or delivery shall be within five days, exclusive of holidays, after the receipt of the certificate by the holder of any security interest or lien. (c) The security interest holder or lienholder may retain custody of the certificate of title until such security interest holder's or lienholder's claim has been satisfied. The security interest holder or lienholder having custody of a certificate of title must deliver the certificate of title to the next lienholder or security interest holder within ten days after such custodial security interest holder's or lienholder's lien or security interest has been satisfied and, if there is no other security interest holder or lienholder, such custodial security interest holder or lienholder must deliver the certificate of title to the owner. (d) If a lien or security interest has been electronically recorded, the release of such lien or security interest will require the lienholder to notify the commissioner and the owner of the vehicle, on a form prescribed by the commissioner, or by electronic means approved by the commissioner, of the release of the lien or security interest. Such notice will inform the owner that such owner may request a title free of lien, upon verification of such owner's current mailing address, from the commissioner as provided in Code Section 40-3-56."

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SECTION 8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by repealing and reserving Code Section 40-5-71, relating to notice of insurance issuance, renewal, or termination; lapse fee; suspension of license following insurance termination; and restricted driving permits.
SECTION 9. Said chapter is further amended by revising subsections (a) and (c) of Code Section 40-572, relating to forwarding of license, tag, and tag registration to the department, as follows:
"(a) It is the duty of any person who has his or her driver's license and, where applicable, license tag and tag registration suspended under the provisions of Code Section 40-5-70 or 40-5-71 40-2-137 immediately upon suspension and demand of the department to forward such items to the department." "(c) Unless otherwise provided in this Code section, notice of the effective date of suspension shall occur when the driver receives actual knowledge or legal notice of the suspension, whichever occurs first. For the purposes of making any determination relating to the return of a suspended motor vehicle driver's license and, where applicable, license tag and tag registration, a period of suspension under Code Section 40-5-70 or 40-5-71 40-2-137 or this Code section shall begin upon the date of conviction adjudicated by the court having jurisdiction."
SECTION 10. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by revising subsections (a) and (e) of Code Section 40-6-10, relating to insurance requirements for operation of a motor vehicle, as follows:
"(a)(1) Until December 31, 2003, the The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. (2) The following shall be acceptable proof of insurance on a temporary basis:
(A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance

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coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after July 1, 2005, the The requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The

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court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.
(8)(A) For purposes of this Code section up to and including December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71 40-2-137. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 40-2-137 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity. (C)(B) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-5-71 40-2-137, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section." "(e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004."
SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except for Sections 2, 2.1, 3, and 4, which shall become effective January 1, 2011.
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.
Representative Dempsey of the 13th moved that the House agree to the Senate substitute to HB 1005.

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On the motion, the roll call was ordered and the vote was as follows:

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

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 Everson Y Floyd E 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 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
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 E Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham Y Manning

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar
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 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 N Scott, A

Y Scott, M 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 Y Stephenson Y Stout Y Talton Y Taylor
Teilhet 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 motion, the ayes were 144, nays 9.

The motion prevailed.

Representative Hatfield of the 177th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

THURSDAY, APRIL 29, 2010

5389

This version of HB 1005 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 1005.
/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 adopted the report of the Committee of Conference on the following bill of the House:
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.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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 following Senate substitute was read:
A BILL
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 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,

5390

JOURNAL OF THE HOUSE

state highway employee, 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to Georgia State Indemnification Fund, is amended in Code Section 45-9-85, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, by revising subsection (a) as follows:
"(a) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard, the eligible disabled person may elect payment of $35,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (2) In the case of a partial permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $12,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (3)(2) In the case of a total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard, the injured person may elect to receive a payment of $75,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (4) In the case of a total permanent disability suffered in the line of duty by a state highway employee, the eligible person may elect to receive a payment of $25,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; (5)(3) 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, state highway employee, or prison guard, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return, to such person's dependent parents if such person does not have an unremarried spouse or dependents, to his or her surviving dependent siblings if such person has no surviving parents, or to the legal guardian of the organically brain damaged person. The surviving unremarried

THURSDAY, APRIL 29, 2010

5391

spouse, dependents, parents, siblings, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; or (6) In the case of death or organic brain damage suffered in the line of duty by a state highway employee, payment shall be made to the surviving unremarried spouse or the dependents of the spouse or deceased person as shown in his or her most recent tax return or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $40,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all claims filed or pending on and after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Sims of the 169th moved that the House agree to the Senate substitute to HB 827.

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 E 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 Davis
Y Dawkins-Haigler Day
Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar Y Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C
Epps, J Y Everson Y Floyd E Fludd N 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

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 Y O'Neal Y Parrish Y Parsons Y Peake

Y Scott, M Sellier 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 Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet

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Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell
Cheokas Coan E Cole Y Coleman Y Collins, D E Collins, T Cooper 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 Y Heckstall

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

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 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 motion, the ayes were 153, nays 1.

The motion prevailed.

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

Harbin of the 118th.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the

THURSDAY, APRIL 29, 2010

5393

licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of wireless telecommunications devices by persons under 18 years of age with an instruction permit or Class D license while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide 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 suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows:
"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving.............................................................................. 6 points Reckless driving ................................................................................. 4 points Unlawful passing of a school bus....................................................... 6 points Improper passing on a hill or a curve ................................................. 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ................................................................. 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ................................................................. 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ................................................................. 4 points Exceeding the speed limit by 34 miles per hour or more................... 6 points Disobedience of any traffic-control device or traffic officer ............. 3 points Too fast for conditions........................................................................ 0 points Possessing an open container of an alcoholic beverage while driving................................................................................................. 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident .......................................................................................... 2 points Violation of child safety restraint requirements, first offense..............1 point Violation of child safety restraint requirements, second or subsequent offense.............................................................................. 2 points Violation of usage of wireless telecommunications device requirements .........................................................................................1 point All other moving traffic violations which are not speed limit violations ...........................................................................................3 points"

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JOURNAL OF THE HOUSE

SECTION 2. 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 3. 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 $150.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such

THURSDAY, APRIL 29, 2010

5395

fine shall forward a record of the disposition of the case of unlawfully operating a motor vehicle while using a wireless telecommunications device to the Department of Driver Services. (2) If the operator of the moving motor vehicle is involved in an accident at the time of a violation of this Code section, then the fine shall be equal to double the amount of the fine imposed in paragraph (1) of this subsection. The law enforcement officer investigating the accident shall indicate on the written accident form whether such operator was engaging in a wireless communication at the time of the accident. (e) Each violation of this Code section shall constitute a separate offense."

SECTION 4. This Act shall become effective on July 1, 2010, and shall apply to offenses committed on or after such date.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Ramsey of the 72nd moved that the House agree to the Senate substitute to HB 23.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe E 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 N Burkhalter Y Burns Y Butler N Byrd Y Carter N Casas Y Chambers

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 E 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 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 Y Keen N Keown
Kidd Knight Y Knox Y Lane, B Lane, R Y Levitas

Y Marin Martin
Y Maxwell N May
Mayo N McCall 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 Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Purcell

N Scott, M Sellier
Y Setzler N 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 N Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
VACANT Y Walker Y Weldon

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JOURNAL OF THE HOUSE

Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

Y Lindsey E Long N Loudermilk
Lucas N Lunsford
Maddox, B Y Maddox, G E Mangham Y Manning

Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers Y Rynders N 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 motion, the ayes were 137, nays 23.

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 360

The Committee of Conference on SB 360 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 360 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ William Jackson Senator, 24th District

/s/ Allen Peake Representative, 137th District

THURSDAY, APRIL 29, 2010

5397

/s/ Jeff Mullins Senator, 53rd District

/s/ Burke Day Representative, 163rd District

/s/ Jack Murphy Senator, 27th District

/s/ Matt Ramsey Representative, 72nd District

A BILL

To establish the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; 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 the 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 writing, sending, or reading a text based communication by certain persons 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:

WHEREAS, the General Assembly finds that there has been a proliferation of cellular telephone use and that virtually every driver in Georgia now possesses such a device; and

WHEREAS, distractions caused by such devices, particularly the act of sending or reading text based messages has resulted in numerous traffic accidents, injuries, and deaths throughout our state and nation; and

WHEREAS, young drivers are particularly susceptible to such distractions due to their inexperience and increased willingness to take risks while driving; and

WHEREAS, it is the responsibility of this body to take action to protect drivers from those who abuse their driving privilege by recklessly text messaging while driving.

SECTION 1. This Act shall be known and may be cited as the "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving."

SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows:

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JOURNAL OF THE HOUSE

"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving.............................................................................. 6 points Reckless driving ................................................................................. 4 points Unlawful passing of a school bus....................................................... 6 points Improper passing on a hill or a curve ................................................. 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ................................................................. 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ................................................................. 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ................................................................. 4 points Exceeding the speed limit by 34 miles per hour or more................... 6 points Disobedience of any traffic-control device or traffic officer ............. 3 points Too fast for conditions........................................................................ 0 points Possessing an open container of an alcoholic beverage while driving................................................................................................. 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident .......................................................................................... 2 points Violation of child safety restraint requirements, first offense..............1 point Violation of child safety restraint requirements, second or subsequent offense.............................................................................. 2 points Operating a vehicle while text messaging............................................1 point All other moving traffic violations which are not speed limit violations ...........................................................................................3 points"
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 'wireless telecommunications device' means a cellular telephone, a text messaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or

THURSDAY, APRIL 29, 2010

5399

receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscription based emergency communications, in-vehicle security, navigation devices, and remote diagnostics systems, or amateur or ham radio devices. (b) No person who is 18 years of age or older or who has a Class C license 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, e-mail, or Internet data. (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. (d) Any conviction for a violation of the provisions of this Code section shall be a misdemeanor punishable by a fine of $150.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition to the Department of Driver Services. Any violation of this Code section shall constitute a separate offense."
SECTION 5. Said title is further amended by revising Code Section 40-6-250, 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."

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JOURNAL OF THE HOUSE

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.

Representative Peake of the 137th moved that the House adopt the report of the Committee of Conference on SB 360.

On the motion, the roll call was ordered and the vote was as follows:

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

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 Y Epps, C Y Epps, J N Everson Y Floyd E Fludd N 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 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 N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen N Keown Y Kidd
Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long N Loudermilk Lucas N Lunsford Maddox, B Y Maddox, G E Mangham Y Manning

Y Marin Y Martin Y Maxwell N May
Mayo N McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan N 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 N Roberts Y Rogers Y Rynders Y Scott, A

N 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 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 Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 133, nays 24.

THURSDAY, APRIL 29, 2010

5401

The motion prevailed.
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.
House of Representatives Atlanta, Georgia 30334
This version of SB 360 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 t o pass this version of SB 360.
/s/ Bobby Franklin Representative, District 43
The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action thereon:
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 Senate substitute was read:
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

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JOURNAL OF THE HOUSE

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
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

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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.
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.

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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
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.

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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.
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

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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
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

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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
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.

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PART VIII-A WHEREAS, the State of Georgia contains countless sites relating to the American Civil War era, including antebellum, military, civilian, African American, women's, Reconstruction, and other significant history; and
WHEREAS, many of these historic sites would be greatly enhanced, both educationally for our children and as tourist attractions, if properly interpreted on site and adequately promoted; and
WHEREAS, by dividing the entire state into six historic regionsthe Chickamauga & Atlanta campaigns, the March to the Sea, the pursuit of Jefferson Davis, Wilson's Raid, the Northeast Georgia mountains, and South Georgia's agricultural bountya comprehensive history of Georgia's Civil War era can be told through the creation, marketing, and maintenance of six historic driving trails; and
WHEREAS, beginning in 2000, a 501(c)(3) nonprofit organization of dedicated Georgians known as Georgia Civil War Heritage Trails began working on the development of six such historic driving trails; and
WHEREAS, Georgia Civil War Heritage Trails has already raised over $1 million in federal grants, plus hundreds of thousands more in both private and public funds, involving well over 100 Georgia city and county jurisdictions to date, plus thousands of Georgia's citizens, and has begun the installation of approximately 300 historic interpretive markers, over 2,000 roadway directional trailblazer signs, the construction of several roadside parking pull-off areas, and the initial printing of over one million new educational/tourist brochures with an informative website (www.gcwht.org); and
WHEREAS, in order for Georgia Civil War Heritage Trails to continue toward full development and success, it needs the continuing cooperation of the Georgia Department of Transportation, of other state agencies, and of local municipalities across the State of Georgia; and
WHEREAS, the State of Georgia, having joined in financially assisting the efforts of Georgia Civil War Heritage Trails, desires to avoid wasting any taxpayer funds by duplicating Georgia Civil War Heritage Trails in any manner or form and to avoid confusing Georgia's citizens, guests, and tourists by the duplication of names, titles, logos, signage, routes, or any other distinguishing characteristics of a Civil War era historic driving trail.
PART IX WHEREAS, the Honorable Hugh D. Sosebee was born in Forsyth County, Georgia, on October 9, 1916; and

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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
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

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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
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

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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
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

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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.
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

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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! 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.

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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
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 WHEREAS, Paul Keenan has contributed immensely to the quality of life enjoyed by the citizens of Dougherty County and the City of Albany, Georgia, as a result of his distinguished public service; and
WHEREAS, this successful businessman, attorney, and Albany native served his community for 14 years as chairman of the board of commissioners of Dougherty County and four years as mayor of the City of Albany; and

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WHEREAS, throughout both periods of public service he was instrumental in improving community relations, strengthening communication and cooperation between the city and the county governmental authorities, and promoting local economic development; and
WHEREAS, his business expertise and legal knowledge have enabled him to offer valuable leadership and well-reasoned solutions to various complex governmental and financial problems; and
WHEREAS, Paul Keenan's leadership was instrumental in the construction of many highway projects in the City of Albany and Dougherty County, including US 19, US 82, the Bypass, Oakridge Drive, Dawson Road, Gillionville Road, and Westover Road; and
WHEREAS, his marriage to Lucile Dennison, a fellow law student at Emory University, included rearing four accomplished children, and his public career and accomplishments reflect the endorsement, admiration, and respect he has within his family and the community at large.
PART XVIII WHEREAS, Mack Hill was born in Catoosa County on May 12, 1931; and
WHEREAS, he was a welder and became the owner of Mack Hill's Auto Sales which he operated for over 25 years; and
WHEREAS, he was a member of the Quitman Masonic Lodge; and
WHEREAS, Mack loved gospel singing; and
WHEREAS, he passed away on November 27, 2009, and left behind his loving wife, Delores, and their three wonderful children, Dewayne, Sheila, and Rhonda; and
WHEREAS, it is only fitting and proper that a lasting tribute to this life well-lived be established.
PART XIX WHEREAS, Laurens County has always had many brave men and women willing to serve in the military to defend the freedoms of this great country; and
WHEREAS, some of these soldiers made the ultimate sacrifice in giving their life fighting for this great country; and
WHEREAS, William "Doc" Stinson was one of Laurens County's great war heroes who began his military career by joining the Army in 1946; and

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WHEREAS, in 1949, Stinson was accepted to West Point and graduated as a member of the class of 1953; and
WHEREAS, in 1962, Stinson was among the first advisers sent to Vietnam, where he was shot and wounded in his legs while on a patrol; and
WHEREAS, after recovering from his combat wounds, Stinson was assigned to teach at West Point until 1966 when he took another command in Hawaii; and
WHEREAS, in 1968, after requesting a combat command, Lt. Col. "Doc" Stinson was given command of the 1st Battalion, 52nd Infantry Regiment, 198th Light Infantry Brigade of the 23rd "American" Division; and
WHEREAS, on several occasions, Stinson flew his command helicopter into lethal situations to assist with the rescue of his men, earning him a Silver Star; and
WHEREAS, on March 3, 1969, one of Stinson's platoons was engaged in a fight with the enemy, and Stinson took his command helicopter into the battle to provide a fresh supply of ammunition and to help evacuate the dead and wounded, and while helping to lift two dead soldiers into the helicopter, Stinson was mortally wounded; and
WHEREAS, it is only fitting and proper that a lasting memorial to this brave soldier be established.
PART XX WHEREAS, John Waggoner served as mayor of the City of Colbert for a period of 40 years; and
WHEREAS, during his term as mayor, he was a leader in improving the appearance of the front door to the city, SR 72, which runs through the center of the city; and
WHEREAS, Mayor Waggoner left office when his term expired in 2009; and
WHEREAS, it is only proper and fitting to honor the exhaustive and dedicated service of John Waggoner to the citizens of Colbert for close to half a century.
PART XXI WHEREAS, Dolph Fuller, Jr., was a three-term mayor of Fairmount, Georgia;
WHEREAS, he was a lifetime resident and farmer in Gordon County; and
WHEREAS, he was a World War II veteran, Farm Bureau president, and Kiwanis Club president; and

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WHEREAS, Dolph was an outstanding citizen and much admired city official; and
WHEREAS, he was a man of great character and integrity and it is only proper and fitting to honor him with a lasting memorial.
PART XXII 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.
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.

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BE IT FURTHER RESOLVED that the six driving trails already either in development or planned by Georgia Civil War Heritage Trails are to be designated as the official statewide Civil War Era Historic Driving Trails of Georgia.
BE IT FURTHER RESOLVED that Georgia Civil War Heritage Trails shall have the authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia in collaboration with the Department of Transportation and local governments.
BE IT FURTHER RESOLVED that the Department of Transportation, the Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, and any other applicable state agencies are authorized and encouraged to work cooperatively with Georgia Civil War Heritage Trails state-wide in the latter's creation and placement of appropriate historic interpretive markers, roadway directional trailblazer signage, roadside parking pull-offs, and various marketing materials, including specifically along any state and federal designated highways in all six regions state-wide in which Georgia Civil War Heritage Trails conducts its activities.
BE IT FURTHER RESOLVED that the Department of Transportation, the Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, and any other applicable state agencies are authorized and encouraged to work cooperatively with Georgia Civil War Heritage Trails in any other areas of the state not specifically mentioned in this resolution as applicable for Civil War era commemoration activities.
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.

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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.
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 portion of SR 3 from the Mitchell/Dougherty county line (Mile Post 0) north to the Dougherty/Lee county line (Mile Post 15.08), in Dougherty County, be dedicated as the Paul Keenan Parkway.
BE IT FURTHER RESOLVED that the members of this body offer their sincere condolences to the family of Mack Ivan Hill and dedicate the bridge on SR 41 over the Catoosa Parkway as the Mack Ivan Hill Memorial Bridge.
BE IT FURTHER RESOLVED that a portion of the new bypass in Laurens County from Highway 80 to Highway 441 North be dedicated as the Lt. Col. William "Doc" Stinson Highway.
BE IT FURTHER RESOLVED that the members of this body honor the public service of John Waggoner and dedicate the portion of SR 72 within the city limits of Colbert as the John Waggoner Parkway.
BE IT FURTHER RESOLVED that this body hereby joins in remembering the accomplishments and public service of Dolph Fuller, Jr., and dedicates the bridge over Salacoa Creek on SR 53 in Gordon County as the Dolph Fuller, 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.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the 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 Department of Economic Development, the Department of Community Affairs, the Department of Natural Resources, 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, the family of Walter Curtis Butler, Jr., Paul Keenan, the family of Mack Hill, the family of Lt. Col. William "Doc" Stinson, John Waggoner, and the family of Dolph Fuller, Jr.

Representative Sims of the 119th moved that the House agree to the Senate substitute to HR 1513.

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
Bruce Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman

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

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
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Kidd
Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford

Y Marin Y Martin Y Maxwell 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 Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese
Rice

Y Scott, M 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 Stout 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

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Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Maddox, B Y Maddox, G E Mangham Y Manning

Y Roberts Rogers
Y Rynders Scott, A

Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 149, nays 2.

The motion prevailed.

HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th:

A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, is amended by revising subsection (a) as follows:
"(a)(1) On and after July 1, 1999, no No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating. (2) Paragraph (1) of this subsection shall not apply to any drinking water project of the Georgia Environmental Facilities Authority or of any local government or authority if such project is a proposed drinking water supply reservoir for which an application for a permit under Section 404 of the federal Clean Water Act was filed with the United States Army Corps of Engineers prior to December 31, 2009, or any

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water withdrawal, treatment, distribution, or other potable water facility associated with such reservoir and the project shall furnish potable water to wholesale users in incorporated areas in one or more counties. Within one year after such proposed drinking water supply reservoir becomes operational, the local governments and authorities in the affected county or counties shall update their service delivery strategy or strategies to be consistent with water supply arrangements resulting from the operation of such reservoir. Unless otherwise provided by a current or future service delivery agreement, the local governments and authorities in the affected county or counties shall only provide potable water from such reservoir to an area coterminous with the jurisdictional limits of the local governments and authorities as those jurisdictional limits existed on March 31, 2010."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coan of the 101st moved that the House agree to the Senate substitute to HB 406.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams N Allison Y Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden N Beasley-Teague N Bell N Benfield Y Benton N Black Y Brooks
Bruce Bryant N Buckner Y Burkhalter N Burns N Butler N Byrd N Carter

N Crawford N Davis N Dawkins-Haigler
Day N Dempsey N Dickson N Dobbs Y Dodson Y Dollar N Dooley N Drenner N Dukes E Ehrhart Y England N Epps, C N Epps, J N Everson Y Floyd E Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton

Y Hembree N Henson N Hill, C Y Hill, C.A N Holt N Horne N Houston
Howard N Hudson N Hugley N Jackson N Jacobs E James N Jerguson N Johnson Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown N Kidd Y Knight N Knox N Lane, B

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

Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon
Sims, B N Sims, C
Sinkfield N Smith, B N Smith, E N Smith, K Y Smith, L N Smith, R N Smith, T N Smyre N Stephens, M
Stephens, R N Stephenson Y Stout N Talton Y Taylor N Teilhet N Thomas N Thompson
VACANT

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N Casas N Chambers N Channell N Cheokas
Coan Y Cole
Coleman Y Collins, D E Collins, T Y Cooper N Cox

Y Golick N Gordon N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard Y Heckstall

N Lane, R N Levitas Y Lindsey E Long N Loudermilk
Lucas Lunsford Y Maddox, B N Maddox, G E Mangham Manning

N Pruett N Purcell
Ramsey N Randall N Reece Y Reese N Rice N Roberts N Rogers N Rynders N Scott, A

Y Walker Weldon
E Wilkinson Y Willard N Williams, A N Williams, E N Williams, M N Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 39, nays 115.

The motion was lost.

The House has disagreed.

Representative Bruce of the 64th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 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 Senate substitute was previously read.

An amendment by Representative Knox of the 24th was previously read and adopted.

Representative Knox of the 24th moved that the House agree to the Senate substitute, as amended by the House, to HB 788.

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 N Barnard Y Battles

Y Crawford Davis
Y Dawkins-Haigler Y Day Y Dempsey Y Dickson
Dobbs Y Dodson Y Dollar Y Dooley

Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne N Houston Y Howard Y Hudson Y Hugley

Y Marin Y Martin N Maxwell
May Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills

Scott, M N Sellier Y Setzler
Shaw N Sheldon Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, E

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

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

Y Jackson Y Jacobs E James
Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd N Knight Y Knox N Lane, B Y Lane, R Y Levitas
Lindsey E Long N Loudermilk
Lucas Y Lunsford N Maddox, B N Maddox, G E Mangham Y Manning

Y Mitchell Y Morgan
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 N Powell, J N Pruett Y Purcell
Ramsey Y Randall N Reece N Reese Y Rice N Roberts Y Rogers N Rynders N Scott, A

Y Smith, K Y Smith, L Y 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 Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R
Wix N Yates
Ralston, Speaker

On the motion, the ayes were 115, nays 36.

The motion prevailed.

Representative Hatfield of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of appointing a second Committee of Conference thereon:

HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as

THURSDAY, APRIL 29, 2010

5425

to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
Representative Rice of the 51st moved that the first Committee of Conference on HB 396 be dissolved and 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.
The motion prevailed.
The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Bearden of the 68th, Powell of the 29th, and Rice of the 51st.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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.
Representative Jacobs of the 80th moved that the House insist on its position in disagreeing to the Senate Amendment to the House Substitute to SB 488.
The motion prevailed.
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;

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to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Wilkinson of the 52nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1069 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Wilkinson of the 52nd, O`Neal of the 146th and Keen of the 179th.
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.
The following Senate 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, except under certain circumstances; 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:

THURSDAY, APRIL 29, 2010

5427

"(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; (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, unless an elected magistrate, elected state or superior court judge enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance. (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.

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(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.

The following amendment was read and adopted:

Representatives Willard of the 49th and Walker of the 107th move to amend the Senate substitute to HB 889 by inserting after "definition;" on line 5 the following:

to amend Code Section 17-12-22 of the Official Code of Georgia Annotated, relating to the procedure for appointment of attorneys for indigent defendants in the event of a public defender's conflict of interest, so as to clarify provisions relating to procedure;

By inserting between lines 55 and 56 the following:

SECTION 2A. Code Section 17-12-22 of the Official Code of Georgia Annotated, relating to the procedure for appointment of attorneys for indigent defendants in the event of a public defender's conflict of interest, is amended by revising subsection (a) as follows:
"(a) The council shall establish a procedure for providing legal representation in cases where the circuit public defender office has a conflict of interest. Such procedure may include, but shall not be limited to, the appointment of individual counsel on a case-bycase basis or the utilization of another circuit public defender office when feasible. Whatever procedure the council establishes for each circuit's conflict of interest cases shall be adhered to by the circuit public defender office. It is the intent of the General Assembly that the council consider the most efficient and effective system to provide legal representation where the circuit public defender office has a conflict of interest."

Representative Walker of the 107th moved that the House agree to the Senate substitute, as amended by the House, to HB 889.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson
Anderson Y Ashe Y Austin Y Baker

N Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard

Marin Y Martin Y Maxwell
May Mayo Y McCall Y McKillip Y Meadows

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

THURSDAY, APRIL 29, 2010

5429

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

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

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

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 N Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A

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 N 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 motion, the ayes were 142, nays 11.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 889 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 889.

/s/ Bobby Franklin Representative, District 43

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others:
A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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

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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.
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
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.
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.
The Senate has agreed to the House amendment as amended by the Senate to the following bill of the Senate:
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

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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.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action 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 Senate substitute was read:
A BILL
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.
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 (2) of subsection (e) as follows:
"(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check, or money order, credit card, debit card, or other method as approved by the Professional Standards Commission as a condition for filing the application."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Dickson of the 6th and Maxwell of the 17th move to amend the Senate substitute to HB 1079 (LC 33 3735S) by inserting after "Commission;" on line 3 the following:

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5433

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";
By inserting between lines 12 and 13 the following:
SECTION 1A. 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. (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

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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 1B. 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 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

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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."

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SECTION 1C. 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 1D. 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 (H) For an applicant for a clearance certificate pursuant to Code Section

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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 1E. 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 1F. 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 1G. 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; (2) Subject to the control and management of the local board of the local school system in which the charter school is located, as provided in the charter and in a manner consistent with the Constitution, if a local charter school;

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(3) Subject to the supervision of the state board, as provided in the charter and in a manner consistent with the Constitution, if a state chartered special school; (4) Organized and operated as a nonprofit corporation under the laws of this state; provided, however, that this paragraph shall not apply to any charter petitioner that is a local school, local school system, or state or local public entity; (5) Subject to all federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; and the prevention of unlawful conduct; (6) Subject to all laws relating to unlawful conduct in or near a public school; (7) Subject to an annual financial audit conducted by the state auditor or, if specified in the charter, by an independent certified public accountant licensed in this state; (8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000; (9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740; (10) Subject to the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133; and (11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of quiet reflection; and (12) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks."

Representative Dickson of the 6th moved that the House agree to the Senate substitute, as amended by the House, to HB 1079.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y 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 Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd

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 Marin Martin
Y Maxwell 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

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
Smyre Y Stephens, M Y Stephens, R Y Stephenson

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Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman
Collins, D E Collins, T Y Cooper Y Cox

E Fludd N Franklin
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
Heckstall

Y Kaiser Keen
Y Keown Y Kidd
Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning

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 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 motion, the ayes were 150, nays 1.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1079 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 1079.

/s/ Bobby Franklin Representative, District 43

The Speaker Pro Tem assumed the Chair.

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

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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.

Representative Horne of the 71st moved that the House insist on its position in substituting SB 308.

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1104

The Committee of Conference on HB 1104 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1104 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Cowsert Senator, 46th District

/s/ Jimmy Pruett Representative, 144th District

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/s/ B. Seth Harp Senator, 29th District

/s/ Mary Margaret Oliver Representative, 83rd District

/s/ Bill Hamrick Senator, 30th District

/s/ Doug Collins Representative, 27th District

A BILL

To amend Chapter 11 of Title 15, Title 16, and Code Section 17-10-11 of the Official Code of Georgia Annotated, relating to juvenile proceedings, crimes and offenses, and credit for time served in confinement, respectively, so as to change and create provisions relating to juvenile offenders; 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 correct crossreferences and add smash and grab burglary to the list of acts constituting a designated felony; to change provisions relating to dispositions for delinquent children; to clarify provisions relating to juveniles receiving credit for time served; to extend a sunset date for secure confinement; to provide for the new offense of smash and grab burglary; to provide for the elements of the offense; to provide for penalties; to provide for smash and grab burglaries in the context of contributing to the delinquency of a minor; to provide for smash and grab burglaries as racketeering activity; to remove the exception for juvenile court credit for time served in Title 17; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising Code Section 15-11-30.3, relating to commission of designated felony act of burglary by a child 15 years of age or older, by adding a new subsection to read as follows:
"(e) The provisions of this Code section shall not apply to a smash and grab burglary."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"15-11-40.1. (a) For purposes of this Code section, the term:
(1) 'Department' means the Department of Juvenile Justice. (2) 'Graduated sanctions' means:
(A) Verbal and written warnings; (B) Increased restrictions and reporting requirements; (C) Community service; (D) Referral to treatment and counseling programs in the community;

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(E) Weekend programming; (F) Electronic monitoring, as such term is defined in Code Section 42-8-151; (G) Curfew; (H) An intensive supervision program; or (I) A home confinement program. (3) 'Hearing officer' means a department employee or county juvenile probation office employee, as applicable, who has been selected and appointed by the department or county juvenile probation office, as applicable, to hear cases alleging violations of probation for administrative sanctioning. A hearing officer shall not be a probation officer who has direct supervision over the child who is the subject of the hearing. (4) 'Probation management program' means a special condition of probation that includes graduated sanctions. (5) 'Secure probation sanctions program' means secure confinement of seven, 14, or 30 days. (b) In addition to any other terms or conditions of probation provided for under this chapter, the court may require that children who receive a disposition of probation: (1) Be ordered to a probation management program; or (2) Be ordered to a secure probation sanctions program by a probation officer or hearing officer. (c) Where a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence as provided in Code Section 15-11-40. (d)(1) The department in jurisdictions where the department is authorized to provide probation supervision, or the county juvenile probation office in jurisdictions where probation supervision is provided directly by the county, as applicable, shall be authorized to establish rules and regulations for graduated sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of a probation management program. (2) The department or county juvenile probation office, as applicable, shall not sanction probationers for violations of conditions of probation if the court has expressed an intention in a written order that such violations be heard by the court. (e) The department or county juvenile probation office, as applicable, shall impose only those restrictions equal to or less restrictive than the maximum sanction established by the court. (f) The secure probation sanctions program shall be established by the department. Exclusion of a child from a secure probation sanctions program otherwise authorized by this Code section to enter such program shall be mutually agreed upon by the Council of Juvenile Court Judges and the department. The secure probation sanctions program shall be available to the juvenile courts to the extent that each secure facility has capacity for such offenders within its facilities. Prior to reaching full capacity, the department shall inform the various juvenile courts of its capacity constraints.

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(g)(1) When requesting the secure probation sanctions program, probation officers supervising a child under a probation management program shall provide an affidavit to the court specifying:
(A) The elements of the child's probation program; (B) The child's failures to respond to graduated sanctions in the community; and (C) The child's number of violations and the nature of each violation. (2) If a probation officer fails to document the violations and specify how the child has failed to complete a probation management program, such child shall be ineligible to enter the secure probation sanctions program. (3) A child may enter the secure probation sanctions program if ordered by the court and: (A) The probation officer has complied with the provisions of paragraph (1) of this subsection and the criteria set by the department for entrance into such program and the child has had three or more violations of probation; or (B) A child in a probation management program and his or her parent or guardian, or a child in such program and his or her attorney, admit to three or more violations of such program and sign a waiver accepting the sanction proposed by the probation officer. (4) Each new violation of a condition of a probated sentence may result in a child being sentenced to the secure probation sanctions program; provided, however, that if a child is sentenced to the secure probation sanctions program and completes all program components in the seven, 14, and 30 day programs, such child shall be ineligible to attend the secure probation sanctions program for a future violation of a condition of the same probated sentence. (h)(1) When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions or a secure probation sanctions program. A child's failure to comply with a sanction imposed under this paragraph shall constitute another violation of probation. (2) The hearing officer's decision shall be final unless such child files, within five days of the service of such decision, a written demand with the hearing officer for review of such decision. Such demand shall not stay the sanction decision. The hearing officer shall issue a response to such demand within five days of receiving such demand. (3) If the hearing officer insists on the sanction, such decision shall be final unless the child files an appeal in the court that originally adjudicated the child. Such appeal shall be filed within ten days of the date of the decision of the hearing officer. (4) The appeal shall first be reviewed by the court upon the record. At the court's discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the sanction decision. (5) Where the court does not act on the appeal within 15 days of the date of the filing of the appeal, the sanction decision shall be affirmed by operation of law."

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SECTION 3. Said chapter is further amended by revising Code Section 15-11-63, relating to designated felony acts, by striking "or" at the end of division (a)(2)(B)(ix), by striking the semicolon and inserting in its place "; or" at the end of division (a)(2)(B)(x), and by adding a new division to read as follows:
"(xi) Any violation of Code Section 16-7-2;"
SECTION 4. Said chapter is further amended by revising subparagraph (e)(1)(B) of Code Section 1511-63, relating to designated felony acts, 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 5. Said chapter is further amended by revising subsection (b) of Code Section 15-11-66, relating to disposition of delinquent children, 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)(A) If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an
(i) An offense that would be a felony if committed by an adult; or (C) an (ii) 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

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treatment program provided by the Department of Juvenile Justice or the juvenile court. (B) 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) 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 or intensive supervision, home confinement, day or evening reporting centers, or treatment intervention."
SECTION 6. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to read as follows:
"16-7-2. (a) As used in this Code section, the term 'retail establishment' means an establishment that sells goods or merchandise from a fixed location for direct consumption by a purchaser and includes establishments that prepare and sell meals or other edible products either for carry out or service within the establishment. (b) A person commits the offense of smash and grab burglary when he or she intentionally and without authority enters a retail establishment with the intent to commit a theft and causes damage in excess of $500.00 to such establishment without the owner's consent. (c) A person convicted of smash and grab burglary shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than 20 years, by a fine of not more than $100,000.00, or both; provided, however, that upon a second or subsequent conviction, he or she shall be punished by imprisonment for not less than five nor more than 20 years, by a fine of not more than $100,000.00, or both."
SECTION 7. Said title is further amended by revising subsections (b) and (e) of Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, as follows:
"(b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person:

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(1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (6) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any smash and grab burglary which would constitute a felony if committed by an adult." "(e) A person convicted pursuant to paragraph (4), or (5), or (6) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five ten years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years."
SECTION 8. Said title is further amended by revising division (9)(A)(vii) of Code Section 16-14-3, relating to definitions for the "Racketeer Influenced and Corrupt Organizations Act," as follows:
"(vii) Code Section 16-7-1, relating to burglary, or Code Section 16-7-2, relating to smash and grab burglary;"
SECTION 9. 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:

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"(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 10. This Act shall become effective on July 1, 2010, and Sections 2 and 5 of this Act shall apply to any child sentenced to probation on and after July 1, 2010; the former provisions of Code Section 15-11-66 shall continue to apply to any child sentenced to probation prior to July 1, 2010.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Pruett of the 144th moved that the House adopt the report of the Committee of Conference on HB 1104.

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
Buckner Y Burkhalter Y Burns
Butler Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman

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

Y Hembree Y Henson Y Hill, C
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
Jordan Y Kaiser
Keen Y Keown Y Kidd
Knight Knox Y Lane, B Y Lane, R Y Levitas Lindsey E Long Y Loudermilk Lucas Y Lunsford

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
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Sims, B
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
Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, M Y Hatfield Y 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 motion, the ayes were 150, nays 1.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1104 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 1104.

/s/ Bobby Franklin Representative, District 43

HB 258. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 258

The Committee of Conference on HB 258 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 258 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Jack Murphy Senator, 27th District

/s/ Austin Scott Representative, 153rd District

/s/ Balfour Senator, 9th District

/s/ Tom Rice Representative, 51st District

/s/ Ronnie Chance Senator, 16th District

/s/ Kip Smith Representative, 129th District

A BILL

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to allow any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle to drive with the disabled person in the vehicle; to allow a holder of a valid instruction permit to drive with a disabled guardian or parent who has been issued an identification card containing the international handicapped symbol; to allow for issuance of a limited driving permit to a driver between 18 and 21 years old who has his or her license suspended for driving 24 or more miles per hour but less than 34 miles per hour over the speed limit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising subsection (b) of Code Section 40-5-22, relating to the qualifications for a driver's license, as follows:
"(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (2) Notwithstanding the provisions of subsection (a) of this Code section, any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this paragraph shall be accompanied whenever operating a motor vehicle by such

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physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. The department shall require satisfactory proof that the physically impaired parent or guardian previously held a valid driver's license in the State of Georgia, another state, or the District of Columbia before issuing an instructional permit pursuant to this paragraph."
SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 40-5-24, relating to the issuance of instruction permits, as follows:
"(a)(1)(A) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, any person holding a valid Class C instructional permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 40-5-64, relating to issuance of limited driving permits for certain offenders, as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40-522, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2, or subsection (a) of Code Section 40-5-57.1, when the person is 18 or over and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but

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less than 34 miles per hour, and the sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) Any person whose driver's license has been suspended and who is subject to a court order for installation and use of an ignition interlock device as a condition of probation pursuant to the provisions Article 7 of Chapter 8 of Title 42 may apply for a limited driving permit."

SECTION 4. This Act shall become effective on July 1, 2010.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Scott of the 153rd moved that the House adopt the report of the Committee of Conference on HB 258.

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 Y Burns
Butler Y Byrd Y Carter Y Casas Y Chambers Y Channell Y Cheokas
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 E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B

Y Hembree Y Henson
Hill, C 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 Jordan Y Kaiser Y Keen Y Keown Y Kidd Knight Knox Y Lane, B Y Lane, R Y Levitas Lindsey E Long Loudermilk 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
Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice

Y Scott, M Y Sellier
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
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Maddox, B Y Maddox, G
Mangham Y Manning

Y Roberts Y Rogers Y Rynders Y Scott, A

Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 151, nays 1.

The motion prevailed.

Representative Hill of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 258 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 258.

/s/ Bobby Franklin Representative, District 43

The following Bill of the House was taken up for the purpose of considering the Senate action 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 Senate amendment was read:

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The Senate moves to amend HB 1103 (LC 33 3502S) by inserting after "so as" on line 2 the following:
to revise certain provisions relating to safety in schools;
By inserting after "Act";" on line 7 the following: to provide for reporting by local boards of education regarding expulsion and disciplinary actions for students bringing weapons to school;
By inserting between lines 224 and 225 the following:
SECTION 7A. Said chapter is further amended by revising Code Section 20-2-751.1, relating to expulsion and disciplinary policy for students bringing weapons to school, as follows:
"20-2-751.1. (a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school. (b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Each local board of education shall file an annual report, by August 1 of each year, with the Department of Education regarding disciplinary and placement actions taken during the prior school year regarding any student determined to have brought a weapon to school. Such report shall include the following information: the number of students subject to disciplinary or placement action; the age and grade level of such students; such students' race and gender; such students' special education status, if applicable; the type of weapon involved; the type of discipline administered; and the type of placement given to the student, if any. The data required by this subsection shall be reported separately for each school within the local school system. The data required by this subsection may be included in the annual report required by Code Section 20-2-740. Nothing in this Code section shall be construed to authorize the public release of personally identifiable information regarding students or school personnel. (d)(e) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act."
The following amendment was read and adopted:

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Representatives Maxwell of the 17th and Jones of the 46th move to amend the Senate Amendment (AM 33 0955) to HB 1103 by striking lines 1 through 34 and inserting in lieu thereof the following:
Amend HB 1103 (LC 33 3502S) by striking lines 1 through 226 and inserting in lieu thereof the following:
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to authorize the Georgia Charter Schools Commission to reduce state funding to commission charter schools based on factors that affect the cost of providing such instruction; 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 (a) of Code Section 20-22090, relating to funding for commission charter schools, as follows:
"(a) The Department of Education shall pay to each commission charter school through appropriation of state and federal funds an amount equal to the sum of:
(1) QBE formula earnings, QBE grants, and federal grants earned by the commission charter school based on the school's enrollment, school profile, and student characteristics. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development. For purposes of this paragraph, QBE formula earnings shall not include the additional amount provided for in Code Section 20-2-165.1 earned by a charter system for full-time equivalent students in its schools; (2) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (3)(A) An amount determined by the commission for each student enrolled in such school equal to a proportional share of local revenue from the local school system in which the student attending the commission charter school resides; provided, however, that the commission may reduce the amount calculated pursuant to this paragraph based on factors that affect the cost of providing instruction. (B) In making the funding determination required pursuant to this subsection, paragraph, the commission shall take into account the following factors: (i) In in the case of a commission charter school that draws students from multiple school systems, the commission shall take into account the actual costs of operating

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such a commission charter school and any efficiencies gained by using an expanded attendance zone; and. (ii) In the case of a commission charter school that plans to offer virtual instruction, the commission may reduce the amount calculated pursuant to this paragraph subsection based on the factors specified in subparagraph (A) of this paragraph. factors that affect the cost of providing instruction. Such reduction, if any, shall be applied to the appropriations made under paragraphs (1) and (3) of this subsection, and shall not exceed 35 percent of the total amount calculated pursuant to this subsection."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Maxwell of the 17th moved that the House agree to the Senate amendment, as amended by the House, to HB 1103.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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

Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal
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 Y Reese
Rice Y Roberts Y Rogers

Y Scott, M Y Sellier Y Setzler Y Shaw
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
Smyre Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet E 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

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Y Cooper Y Cox

Y Heard Y Heckstall

Mangham Y Manning

Y Rynders Scott, A

Y Yates Ralston, Speaker

On the motion, the ayes were 142, nays 0.

The motion prevailed.

The Speaker assumed the Chair.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:

A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

Mr. Speaker:

The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

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.

The Senate has agreed to the House amendment to the following bill of the Senate:

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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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Heath of the 31st, and Pearson of the 51st.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 206. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th and others:
A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs by the Office of Planning and Budget, so as to require tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:

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SB 136. By Senators Douglas of the 17th, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Hawkins of the 49th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for conditions of parole; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole release; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.
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.
Mr. Speaker:
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:

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HB 1490. By Representative Crawford of the 16th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
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.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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.
The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 948

The Committee of Conference on HB 948 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 948 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Ben Harbin Representative, 118th District

/s/ Tommie Williams Senator, 19th District

/s/ Jerry Keen Representative, 179th District

/s/ Chip Rogers Senator, 21st District

/s/ Jan Jones Representative, 46th District

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2010, and ending June 30, 2011; 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, 2010, and ending June 30, 2011, 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)

$38,586,671,712 $10,927,931,892
$93,380,753 $102,183,921 $13,715,098 $17,312,159

THURSDAY, APRIL 29, 2010

5461

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 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) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) 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 Records Center Storage Fee Research Funds State Funds Brain & Spinal Injury Trust Fund Hospital Provider Payment Lottery Funds Motor Fuel Funds Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Federal Funds Indirect

$1,143,629,823
$91,637,400 $24,627,737 $20,919,118 $5,253,441,059
$59,273,784
$3,056,203 $54,771,487 $232,690,669 $25,201,084 $25,800,000 $342,224,957 $3,424,066,640 $1,952,840,489 $36,000,000 $7,177,918 $748,909,573 $165,535,960 $995,217,038 $4,320,618,054 $2,245,729,621 $139,386,524 $310,066,065 $60,464,010
$435,771 $1,564,536,063 $17,890,512,513
$1,960,848 $229,007,409 $1,127,652,261 $860,689,000 $131,321,939 $15,399,818,622 $140,062,434 $3,494,768,764 $113,923,103

5462

JOURNAL OF THE HOUSE

Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments

$2,850,244,539 $294,347,866 $62,179,562 $45,114,095 $128,959,599

Section 1: Georgia Senate
Total Funds State Funds
State General Funds

$9,956,175 $9,956,175 $9,956,175

1.1. Lieutenant Governor's Office

Total Funds

$1,195,129

State Funds

$1,195,129

State General Funds

$1,195,129

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 operating expenses.

($65,000)

($65,000)

Amount appropriated in this Act

$1,195,129

$1,195,129

1.2. Secretary of the Senate's Office

Total Funds

$1,095,925

State Funds

$1,095,925

State General Funds

$1,095,925

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,229,925

Total Funds $1,229,925

Reduce operating expenses.

($134,000)

($134,000)

Amount appropriated in this Act

$1,095,925

$1,095,925

1.3. Senate

Total Funds

$6,743,289

State Funds

$6,743,289

State General Funds

$6,743,289

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5463

Amount from prior Appropriation Act (HB119) Reduce operating expenses. Amount appropriated in this Act

State Funds $7,034,289 ($291,000) $6,743,289

Total Funds $7,034,289 ($291,000) $6,743,289

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

$921,832

State Funds

$921,832

State General Funds

$921,832

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $989,232

Total Funds $989,232

Reduce operating expenses.

($67,400)

($67,400)

Amount appropriated in this Act

$921,832

$921,832

Section 2: Georgia House of Representatives
Total Funds State Funds
State General Funds

$17,317,593 $17,317,593 $17,317,593

2.1. House of Representatives

Total Funds

$17,317,593

State Funds

$17,317,593

State General Funds

$17,317,593

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$18,302,585

$18,302,585

Reduce operating expenses.

($984,992)

($984,992)

Amount appropriated in this Act

$17,317,593

$17,317,593

Section 3: Georgia General Assembly Joint Offices
Total Funds State Funds
State General Funds

$8,336,395 $8,336,395 $8,336,395

5464

JOURNAL OF THE HOUSE

3.1. Ancillary Activities

Purpose: The purpose of this appropriation is to provide services for the legislative branch of government.

Total Funds

$3,022,951

State Funds

$3,022,951

State General Funds

$3,022,951

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 operating expenses.

($1,330,000)

($1,330,000)

Amount appropriated in this Act

$3,022,951

$3,022,951

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

$2,458,647

State Funds

$2,458,647

State General Funds

$2,458,647

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,618,917

Total Funds $2,618,917

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$527 $30,849 ($191,646)

$527 $30,849 ($191,646)

Amount appropriated in this Act

$2,458,647

$2,458,647

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

$2,854,797

State Funds

$2,854,797

State General Funds

$2,854,797

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

THURSDAY, APRIL 29, 2010

5465

Reduce operating expenses. Amount appropriated in this Act

($10,000) $2,854,797

($10,000) $2,854,797

Section 4: Audits and Accounts, Department of
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$30,536,186 $602,170 $602,170
$29,934,016 $29,934,016

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 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

$26,909,731

Other Funds

$602,170

Other Funds - Not Specifically Identified

$602,170

State Funds

$26,307,561

State General Funds

$26,307,561

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 for personal services and operating expenses.

($2,508,605)

($2,508,605)

Increase funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act and offset the costs of the additional federal requirements.
Provide additional funds for audit of K-12 and higher education formulas.

$0 $150,000

$602,170 $150,000

Amount appropriated in this Act

$26,307,561

$26,909,731

4.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all Department programs.

Total Funds

$1,564,259

5466

JOURNAL OF THE HOUSE

State Funds

$1,564,259

State General Funds

$1,564,259

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)

$1,625,015

$1,625,015

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$12,397

$12,397

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

$6,258

$6,258

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$8,210

$8,210

Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($47,031)

($47,031)

Reduce funds for personal services and operating expenses.

($40,590)

($40,590)

Amount appropriated in this Act

$1,564,259

$1,564,259

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

$121,542

State Funds

$121,542

State General Funds

$121,542

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$122,883

$122,883

Reduce funds for personal services and operating expenses.

($1,341)

($1,341)

Amount appropriated in this Act

$121,542

$121,542

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

$1,940,654

State Funds

$1,940,654

THURSDAY, APRIL 29, 2010

5467

State General Funds

$1,940,654

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 for personal services and operating expenses.

($25,700)

($25,700)

Amount appropriated in this Act

$1,940,654

$1,940,654

Section 5: Appeals, Court of
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$12,681,853 $150,000 $150,000
$12,531,853 $12,531,853

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

$12,681,853

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$12,531,853

State General Funds

$12,531,853

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)

$13,452,235

$13,602,235

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,473

$3,473

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

$6,508

$6,508

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$4,640

$4,640

Reduce funds for personal services using a reduction in force from FY 2009.

($273,465)

($273,465)

Reduce personal services.

($180,080)

($180,080)

Eliminate two positions in the Reporter's Office.

($82,438)

($82,438)

Reduce budget for rent and 11 parking spaces to reflect FY 2009 staff reductions.

($55,280)

($55,280)

5468

JOURNAL OF THE HOUSE

Reduce personal services and operating expenses to reflect the revised revenue estimate.
Utilize existing funds to transition the Court of Appeals to the uniform accounting system as managed by the State Accounting Office. (CC:YES)
Amount appropriated in this Act

($343,740) $0
$12,531,853

($343,740) $0
$12,681,853

Section 6: Judicial Council
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$16,621,080 $2,552,935 $2,552,935
$619,295 $350,390 $268,905 $13,448,850 $13,448,850

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

$237,903

Other Funds

$172,890

Agency Funds

$172,890

State Funds

$65,013

State General Funds

$65,013

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 operating expenses.

($8,191)

($8,191)

Amount appropriated in this Act

$65,013

$237,903

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

$684,572

THURSDAY, APRIL 29, 2010

5469

Other Funds

$177,500

Agency Funds

$177,500

State Funds

$507,072

State General Funds

$507,072

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)

$1,034,841

$1,212,341

Defer filling one vacant event planner/training coordinator position.

($40,500)

($40,500)

Reduce funds for Superior Court Judge training.

($894)

($894)

Reduce operating expenses. (CC:Replace funds for training for local courts with increased court proceeds resulting from HB 1055, 2010 Session.)

($486,375)

($486,375)

Amount appropriated in this Act

$507,072

$684,572

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 Child Support E-Filing system, the Child Support Guidelines Commission, the Commission on Interpreters, the County and Municipal Probation Advisory Council, the Georgia Commission on Family Violence, the Children and Family Courts division; and to support the Committee on Justice for Children.

Total Funds

$14,881,356

Federal Funds and Grants

$2,552,935

Federal Funds Not Specifically Identified

$2,552,935

Other Funds

$268,905

Other Funds - Not Specifically Identified

$268,905

State Funds

$12,059,516

State General Funds

$12,059,516

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $12,208,404

Total Funds $14,966,807

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$4,536 ($1,382) $24,973 ($844,000)

$4,536 ($1,382) $28,378 ($844,000)

5470

JOURNAL OF THE HOUSE

Eliminate the Commission on Children, Marriage and Family Law.
Eliminate two positions in the Administrative Office of the Courts.
Provide funds for existing drug court programs that are funded through FY 2010. Provide funds for mandated adjustments to the employer contribution for the Judicial Retirement Fund. Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session.
Eliminate the Access and Fairness in the Courts Committee.
Reduce operating expenses for the Administrative Office of the Courts.
Reflect the transfer of the Georgia Commission on Family Violence from the Department of Corrections to the Judicial Council.
Eliminate funding for mock trial competitions.
Reflect the transfer of the Council of Superior Court Clerks from the Superior Court to the Judicial Council. (CC:Reflect funds in the Prosecuting Attorney's budget unit. )
Amount appropriated in this Act

($55,800) ($217,385)
$143,962 $19,842
$1,033,910
($73,142) ($543,173)
$368,771 ($10,000)
$0
$12,059,516

($55,800) ($217,385)
$143,962 $19,842
$1,033,910
($73,142) ($543,173)
$428,803 ($10,000)
$0
$14,881,356

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

$251,749

State Funds

$251,749

State General Funds

$251,749

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 for personnel and operating expenses.

($25,000)

($25,000)

Amount appropriated in this Act

$251,749

$251,749

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

$565,500

State Funds

$565,500

THURSDAY, APRIL 29, 2010

5471

State General Funds

$565,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $580,000

Total Funds $580,000

Reduce funds for one vacant senior staff attorney position. (CC:Reduce funds.)

($14,500)

($14,500)

Amount appropriated in this Act

$565,500

$565,500

Section 7: Juvenile Courts
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds

$7,212,838 $447,456 $447,456
$6,765,382 $6,765,382

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

$1,912,277

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

State Funds

$1,464,821

State General Funds

$1,464,821

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 operating expenses.

($35,000)

($35,000)

Reduce hours for three field staff.

($33,589)

($33,589)

Reduce alternative sentencing grants to counties.

($59,300)

($59,300)

Amount appropriated in this Act

$1,464,821

$1,912,277

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

$5,300,561

State Funds

$5,300,561

State General Funds

$5,300,561

5472

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

Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session.

$314,500

$314,500

Amount appropriated in this Act

$5,300,561

$5,300,561

Section 8: Prosecuting Attorneys
Total Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$57,569,201 $55,767,074 $55,767,074 $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

$52,157,696

State Funds

$50,355,569

State General Funds

$50,355,569

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 personal services and operating expenses to reflect the revised revenue estimate.

($885,000)

($885,000)

Amount appropriated in this Act

$50,355,569

$52,157,696

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

$5,203,222

State Funds

$5,203,222

State General Funds

$5,203,222

THURSDAY, APRIL 29, 2010

5473

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)

$6,167,873

$6,167,873

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$79,311

$79,311

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$63,457

$63,457

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$7,994

$7,994

Transfer funds from the Superior Courts for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff per SB 109, 2009 Session.

$447,941

$447,941

Reduce funding for conference reimbursements.

($266,871)

($266,871)

Reduce personal services and operating expenses to reflect the revised revenue estimate.

($600,226)

($600,226)

Eliminate funding for three regional offices.

($696,257)

($696,257)

Utilize existing funds to transition the Prosecuting Attorneys to the

$0

$0

uniform accounting system as managed by the State Accounting

Office. (CC:YES)

Amount appropriated in this Act

$5,203,222

$5,203,222

8.3. 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 the training of superior court clerks.

Total Funds

$208,283

State Funds

$208,283

State General Funds

$208,283

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

Transfer all funds and activities for the Superior Court Clerks from the Council of Superior Court Judges to the Prosecuting Attorney's Council.

$208,283

$208,283

Amount appropriated in this Act

$208,283

$208,283

Section 9: Superior Courts
Total Funds State Funds
State General Funds

$57,314,930 $57,314,930 $57,314,930

5474

JOURNAL OF THE HOUSE

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $731,426

Total Funds $731,426

Reduce funds for the Judicial Data Exchange project. (CC:Eliminate funding and direct all future funding to the Prosecuting Attorney's Council.)
Transfer all funding and activities to the Prosecuting Attorney's Council. (CC:Transfer Superior Court Clerks to the Prosecuting Attorney's Council.)
Reduce operating expenses for the Council of Superior Court Clerks.

($500,000) ($208,283) ($23,143)

($500,000) ($208,283) ($23,143)

Amount appropriated in this Act

$0

$0

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

$1,232,886

State Funds

$1,232,886

State General Funds

$1,232,886

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$5,728

$5,728

Eliminate one purchasing/asset management position.

($67,482)

($67,482)

Reduce travel and supplies for the Council office. (CC:Reduce funds for travel and operations.)

($55,000)

($55,000)

Amount appropriated in this Act

$1,232,886

$1,232,886

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

$2,126,495

THURSDAY, APRIL 29, 2010

5475

State Funds

$2,126,495

State General Funds

$2,126,495

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)

$2,172,338

$2,172,338

Reduce operating expenses.

($10,000)

($10,000)

Reduce funds to reflect the revised revenue estimate.

($35,843)

($35,843)

Amount appropriated in this Act

$2,126,495

$2,126,495

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

$53,955,549

State Funds

$53,955,549

State General Funds

$53,955,549

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$56,245,668

$56,245,668

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Transfer funds for the pass-through for the employer contribution to the Employees' Retirement System (ERS) and Judicial Retirement System (JRS) for county-paid judges and staff to the respective judicial councils per SB 109, 2009 Session.

$18,962 ($346)
$16,832 ($1,601,673)

$18,962 ($346)
$16,832 ($1,601,673)

Reduce funds for the Judicial Retirement System (JRS), District Attorneys Retirement Fund (DARF), and Superior Court Judges Fund (SCJF) administration fees which will be charged to the plan assets beginning in FY 2011.

($198,000)

($198,000)

Reduce funds for the use of senior judges.

($342,432)

($342,432)

Reduce funds for operating expenses.

($106,272)

($106,272)

Reduce initial start-up funds for the three new judgeships (Alcovy, Atlanta, and Brunswick) created in HB 1163, 2008 Session.
Reduce funds for judges' continuing judicial education.

($45,000) ($200,000)

($45,000) ($200,000)

Restore funds for the use of senior judges reduced in FY 2009 and FY 2010.

$512,000

$512,000

5476

JOURNAL OF THE HOUSE

Eliminate five vacant law clerk positions to reflect the revised revenue estimate. Reduce payment to ERS for Emeritus Retirement to reflect the revised revenue estimate.
Amount appropriated in this Act

($267,685) ($76,505) $53,955,549

($267,685) ($76,505) $53,955,549

Section 10: Supreme Court
Total Funds State Funds
State General Funds

$7,726,631 $7,726,631 $7,726,631

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

$7,726,631

State Funds

$7,726,631

State General Funds

$7,726,631

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$7,243

$7,243

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($1,991)

($1,991)

Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Provide funds for the 2010 membership fee for the National Center for State Courts.
Eliminate funds to administer the bar examination by moving to a selfsufficient fee per HB 283, 2009 Session.
Eliminate two positions in the Reporter's Office.

$2,170 $191,839 ($211,775) ($82,437)

$2,170 $191,839 ($211,775) ($82,437)

Reduce personal services and operating expenses to reflect the revised revenue estimate.

($204,713)

($204,713)

Amount appropriated in this Act

$7,726,631

$7,726,631

THURSDAY, APRIL 29, 2010

5477

Section 11: Accounting Office, State
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$16,030,552 $866 $866
$3,837,653 $3,837,653 $12,192,033 $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

$16,030,552

Other Funds

$866

Other Funds - Not Specifically Identified

$866

State Funds

$3,837,653

State General Funds

$3,837,653

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Eliminate four vacant positions.

$59,145 $903
($1,974) $354
($339,779)

$59,145 $903
($1,974) $1,220
($339,779)

Reduce operating expenses.

($82,454)

($82,454)

Reduce funds and direct the agency to outsource accounting and payroll functions to the internal Shared Services Initiative. (CC:Payroll only.)

($47,649)

($47,649)

5478

JOURNAL OF THE HOUSE

Utilize existing funds in the individual agencies to transition the Board of Regents and the University System of Georgia institutions, the Department of Labor, the Public Service Commission, the Court of Appeals, the Prosecuting Attorneys' Council and all other state agencies onto the state accounting system as managed by the State Accounting Office pursuant to OCGA 50-5B-2. (CC:YES;Exclude the Board of Regents and the University System of Georgia institutions but require them to provide bimonthly data transfers to the State Accounting Office.)
Utilize existing funds to prescribe, develop, operate, maintain, and implement a central and uniform set of fund sources by June 30, 2011. All federal funds should include the name and number as designated by the Catalog of Federal Domestic Assistance, if available. All agency funds should include a descriptive name and the authorizing statute, if available. (CC:YES)
Authorize the State Accounting Office to begin consolidation of accounting and payroll services for the Secretary of State, State Board of Workers' Compensation, State Accounting Office, Board of Pardons and Paroles, Georgia Forestry Commission, and the Departments of Administrative Services, Audits and Accounts, Banking and Finance, Defense, Economic Development, Insurance, Law and Veteran Services. (CC:YES;Authorize the State Accounting Office to begin consolidation of payroll services for the Secretary of State, State Board of Workers' Compensation, State Accounting Office, Board of Pardons and Paroles, and the Departments of Administrative Services, Audits and Accounts, Banking and Finance, Defense, Economic Development, Insurance and Law.)
Amount appropriated in this Act

$0 $0 $0
$3,837,653

$0 $0 $0
$16,030,552

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

$0

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)

$377,345

$377,345

Eliminate funds provided in HB 119, 2009 Session, for training, upgrades, and other activities.

($377,345)

($377,345)

Amount appropriated in this Act

$0

$0

Section 12: Administrative Services, Department of
Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified

$168,527,638 $22,952,246 $11,503,270 $11,448,976

THURSDAY, APRIL 29, 2010

5479

State Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments Self Insurance Trust Fund Payments

$10,615,793 $10,615,793 $134,959,599 $6,000,000 $128,959,599

12.1. Departmental Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$4,368,902

Other Funds

$2,451,323

Other Funds - Not Specifically Identified

$2,451,323

State Funds

$1,917,579

State General Funds

$1,917,579

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,212,692

Total Funds $4,955,789

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$13,031

$13,031

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$121

$121

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)
Eliminate two filled positions.

($1,455) $7,688
($38,892)
($146,622)

($1,455) $21,416 ($38,892)
($146,622)

Reduce contract funds.

($11,000)

($11,000)

Reduce operating expenses.

($117,984)

($117,984)

Adjust other funds to more accurately reflect actual total funds.

$0

($305,502)

Amount appropriated in this Act

$1,917,579

$4,368,902

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

$1,178,511

Other Funds

$1,020,141

Other Funds - Not Specifically Identified

$1,020,141

5480

JOURNAL OF THE HOUSE

State Funds

$158,370

State General Funds

$158,370

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)

$317,756

$1,337,897

Increase funds to reflect an adjustment in the Workers' Compensation

$18

$18

premium.

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($1,034)

($1,034)

Eliminate remaining state funds and direct the Department to become self-sufficient using agency generated funds per HB 119, 2009 Session. (CC:Reduce funds.)

($158,370)

($158,370)

Amount appropriated in this Act

$158,370

$1,178,511

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

$1,079,669

Other Funds

$1,079,669

Agency Funds

$1,079,669

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 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

$134,959,599

Intra-State Government Transfers

$134,959,599

Other Intra-State Government Payments

$6,000,000

Self Insurance Trust Fund Payments

$128,959,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$128,959,599

Increase funds to reflect an adjustment in the DOAS Unemployment Insurance premiums budgeted to state agencies.

$0

$6,000,000

Amount appropriated in this Act

$0

$134,959,599

THURSDAY, APRIL 29, 2010

5481

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

$12,279,758

Other Funds

$12,279,758

Agency Funds

$6,564,300

Other Funds - Not Specifically Identified

$5,715,458

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,150,033

Total Funds $7,714,333

Increase funds to reflect an adjustment in the Workers' Compensation

$66

$66

premium.

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($744)

($744)

Eliminate remaining state funds, reflect purchasing card revenue, and direct the program to become self-sufficient using agency generated funds per HB 119, 2009 Session.
Reduce contract funds.

($911,400) ($114,122)

$3,774,300 ($114,122)

Reduce funds to reflect the revised revenue estimate.

($123,833)

($123,833)

Recognize other funds to more accurately reflect actual program revenues.

$0

$1,029,758

Amount appropriated in this Act

$0

$12,279,758

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

$1,198,594

Other Funds

$1,198,594

Other Funds - Not Specifically Identified

$1,198,594

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

$46,177

5482

JOURNAL OF THE HOUSE

State Funds

$46,177

State General Funds

$46,177

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$53,882

$53,882

Reduce operating expenses.

($5,927)

($5,927)

Reduce funds to reflect revised revenue estimate.

($1,778)

($1,778)

Amount appropriated in this Act

$46,177

$46,177

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

$0

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)

$299,371

$299,371

Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned.

($299,371)

($299,371)

Amount appropriated in this Act

$0

$0

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.

Total Funds

$3,374,568

Other Funds

$609,489

Agency Funds

$608,684

Other Funds - Not Specifically Identified

$805

State Funds

$2,765,079

State General Funds

$2,765,079

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

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$3,752

$4,557

Reduce personal services to reflect projected expenses.

($128,885)

($128,885)

Reduce operating expenses.

($218,106)

($218,106)

Reduce funds to reflect the revised revenue estimate.

($52,147)

($52,147)

THURSDAY, APRIL 29, 2010

5483

Amount appropriated in this Act

$2,765,079

$3,374,568

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

$3,250,617

Other Funds

$3,250,617

Agency Funds

$3,250,617

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.

$0

($39,500)

Amount appropriated in this Act

$0

$3,250,617

12.11. Payments to Georgia Aviation Authority

Purpose: The purpose of this appropriation is to provide oversight and efficient operation of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property.

Total Funds

$6,791,243

Other Funds

$1,062,655

Other Funds - Not Specifically Identified

$1,062,655

State Funds

$5,728,588

State General Funds

$5,728,588

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Provide funds for operating expenditures.

$265 $2,145,298

$265 $2,145,298

Reduce funds to reflect the revised revenue estimate.

($122,284)

($122,284)

Recognize a reduction in other funds to more accurately reflect total funds.

$0

($1,391,017)

Amount appropriated in this Act

$5,728,588

$6,791,243

12.12. Payments to Georgia Technology Authority Purpose: Set the direction for the state's use of technology and promote efficient, secure,

5484

JOURNAL OF THE HOUSE

and cost-effective delivery of information technology services.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$0

Eliminate reserved funds for the Wireless Communities Georgia project and remit the funds to the State Treasury ($1,106,098). (CC:YES)

$0

$0

Amount appropriated in this Act

$0

$0

Section 13: Agriculture, Department of
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$47,930,319 $6,790,418 $6,790,418 $11,148,887 $8,136,527 $3,012,360 $29,991,014 $29,991,014

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

$3,116,847

State Funds

$3,116,847

State General Funds

$3,116,847

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,513,943

Total Funds $3,513,943

Reduce operating expenses.

($281,115)

($281,115)

Reduce funds to reflect the revised revenue estimate.

($115,981)

($115,981)

Amount appropriated in this Act

$3,116,847

$3,116,847

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

THURSDAY, APRIL 29, 2010

5485

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

$32,345,786

Federal Funds and Grants

$6,755,418

Federal Funds Not Specifically Identified

$6,755,418

Other Funds

$9,161,240

Agency Funds

$7,556,240

Other Funds - Not Specifically Identified

$1,605,000

State Funds

$16,429,128

State General Funds

$16,429,128

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $23,556,813

Total Funds $31,917,231

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce operating expenses.

($31,734) $57,871 ($2,753)
($919,804)

($31,734) $57,871 ($2,753)
($919,804)

Transfer funds and 23 positions from Administration to Consumer Protection (13 positions) and Marketing and Promotion (10 positions).
Increase gas quality and gas pump inspection fees, as included in HB 1055, to cover the actual cost of services. (CC:Increase gas quality and gas pump inspection fees, as included in HB 1055, to defray the cost of services.)
Increase license and inspection fees, as included in HB 1055, to cover the actual cost of services. (CC:Increase license and inspection fees, as included in HB 1055, to defray the cost of services.)
Replace funds due to an increase in entomology fees.

$1,324,975 ($2,421,534)
($4,961,706) ($173,000)

$1,324,975 $0
$0 $0

Amount appropriated in this Act

$16,429,128

$32,345,786

13.3. Departmental Administration Purpose: Provide administrative support for all programs of the department.
Total Funds Other Funds

$2,347,472 $263,084

5486

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$263,084

State Funds

$2,084,388

State General Funds

$2,084,388

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

($21,935) $8,282
($2,753) $18,600 ($1,280,713)

($21,935) $8,282
($2,753) $22,963 ($1,280,713)

Transfer funds and 23 positions from Administration to Consumer Protection (13 positions) and Marketing and Promotion (10 positions).
Eliminate one vacant position.

($2,266,932) ($34,682)

($2,301,932) ($34,682)

Reconvene the Georgia Invasive Species Task Force and make recommendations. (CC: Yes)

$0

$0

Amount appropriated in this Act

$2,084,388

$2,347,472

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

$7,055,331

Federal Funds and Grants

$35,000

Federal Funds Not Specifically Identified

$35,000

Other Funds

$1,724,563

Agency Funds

$580,287

Other Funds - Not Specifically Identified

$1,144,276

State Funds

$5,295,768

State General Funds

$5,295,768

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,462,906

Total Funds $8,607,182

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($11,190)

($11,190)

THURSDAY, APRIL 29, 2010

5487

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Eliminate three vacant and three filled positions.
Reduce operating expenses.
Transfer funds and 23 positions from Administration to Consumer Protection (13 positions) and Marketing and Promotion (10 positions).
Reduce state funds and implement a subscription fee, as included in HB 1055, to cover the actual cost of the program. (CC:Reduce funds and find efficiencies in production, including offering the publication online or instituting subscription fee.)
Reduce state funds and implement a subscription fee, as included in HB 1055, to cover the cost of the Farmers and Consumers Market Bulletin. (CC:Reduce funds and find efficiencies in production, including offering the publication online, accepting donations, or instituting subscription fees.)
Eliminate garbage service contract at the Atlanta Farmers' Market.
Reduce funds for commodity promotion advertising contract for the next two years.
Reduce funds for maintenance and repairs at the Atlanta Farmers' Market and utilize General Obligation Bonds. (CC:Redirect $1,500,000 in remaining funds from the Tifton Agricultural Laboratories Facility Building project (GDA-025) to renovate and repair state farmers' markets (Department of Agriculture).)
Amount appropriated in this Act

$12,065 ($241,055) ($868,199)
$941,957 ($70,429)
($580,287)
($250,000) ($100,000) ($1,000,000)
$5,295,768

$12,065 ($241,055) ($868,199)
$976,957 ($70,429)
$0
($250,000) ($100,000) ($1,000,000)
$7,055,331

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

$11,249,726 $11,249,726 $11,249,726

5488

JOURNAL OF THE HOUSE

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

$208,905

State Funds

$208,905

State General Funds

$208,905

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce regular operating expenses.

($2,177) $59
($3,114)

($2,177) $59
($3,114)

Amount appropriated in this Act

$208,905

$208,905

14.2. Departmental Administration

Purpose: The purpose of this appropriation is to provide administrative support to all department programs.

Total Funds

$2,011,412

State Funds

$2,011,412

State General Funds

$2,011,412

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce regular operating expenses.

($22,513) $549
$5,135 ($10,977)

($22,513) $549
$5,135 ($10,977)

Reduce computer charges.

($2,150)

($2,150)

Eliminate funding for one filled secretary position.

($38,465)

($38,465)

Reduce temporary IT costs.

($5,000)

($5,000)

Reduce funds to reflect the revised revenue estimate. (CC:Reflect savings due to outsourcing payroll functions.)

($48,477)

($48,477)

Amount appropriated in this Act

$2,011,412

$2,011,412

THURSDAY, APRIL 29, 2010

5489

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.

Total Funds

$7,138,357

State Funds

$7,138,357

State General Funds

$7,138,357

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)

$7,912,695

$7,912,695

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce personal services by holding six bank examiner positions vacant.
Eliminate funding for two filled district administrative assistant positions.
Reduce regular operating expenses.

($82,073) $2,089
($276,461) ($115,017) ($16,000)

($82,073) $2,089
($276,461) ($115,017) ($16,000)

Reduce computer charges.

($3,294)

($3,294)

Reduce funds to reflect the revised revenue estimate.

($283,582)

($283,582)

Amount appropriated in this Act

$7,138,357

$7,138,357

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

$1,891,052

State Funds

$1,891,052

State General Funds

$1,891,052

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,095,439

Total Funds $2,095,439

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($16,377)

($16,377)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$569

$569

5490

JOURNAL OF THE HOUSE

Reduce regular operating expenses. Reduce computer charges. Eliminate funding for two filled secretary positions. Reduce personal services by holding one mortgage examiner position vacant. Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($2,175) ($3,294) ($88,199) ($45,245)
($49,666) $1,891,052

($2,175) ($3,294) ($88,199) ($45,245)
($49,666) $1,891,052

Section 15: Behavioral Health and Developmental Disabilities, Department of

Total Funds

$1,019,266,073

Federal Funds and Grants 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) Federal Funds Not Specifically Identified

$112,168,353 $13,715,098 $18,927,899
$59,273,784
$20,251,572

Other Funds Agency Funds

$77,283,718 $67,640,445

Other Funds - Not Specifically Identified

$9,643,273

State Funds State General Funds

$764,680,628 $754,425,490

Tobacco Settlement Funds Intra-State Government Transfers

$10,255,138 $65,133,374

Federal Funds Indirect Other Intra-State Government Payments

$58,443,451 $6,689,923

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

$94,469,047

Federal Funds and Grants

$30,112,998

Prevention and Treatment of Substance Abuse Block Grant (CFDA 93.959)

$30,112,998

Other Funds

$825,795

Agency Funds

$824,903

Other Funds - Not Specifically Identified

$892

State Funds

$43,399,766

State General Funds

$43,399,766

Intra-State Government Transfers

$20,130,488

THURSDAY, APRIL 29, 2010

5491

Federal Funds Indirect

$20,130,488

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $42,217,093

Total Funds $90,651,969

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Transfer $2,634,405 in unearnable Temporary Assistance for Needy Families (TANF) funds from Departmental Administration Behavioral Health to the Adult Addictive Diseases program.
Transfer $6,705,102 from the Adult Mental Health Services program to the Direct Care Support Services program within the mental health hospitals ($5,544,272) and the Adult Addictive Diseases Services program ($1,160,830) to align budget to expenditures.
Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)

$21,843 $0
$1,160,830
$0

$21,843 $2,634,405 $1,160,830
$0

Amount appropriated in this Act

$43,399,766

$94,469,047

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

$267,928,497

Federal Funds and Grants

$9,087,995

Medical Assistance Program (CFDA 93.778)

$9,087,995

Other Funds

$41,218,807

Agency Funds

$35,634,354

Other Funds - Not Specifically Identified

$5,584,453

State Funds

$186,574,002

State General Funds

$176,318,864

Tobacco Settlement Funds

$10,255,138

Intra-State Government Transfers

$31,047,693

Federal Funds Indirect

$31,047,693

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $167,851,501

Total Funds $280,828,728

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$803,323

$803,323

Reduce $31,622,732 in unearnable Medical Assistance Program (Medicaid) funds that are earned in the Department of Community Health.

$0

($31,622,732)

Annualize the cost of FY 2010 developmental disabilities slots.

$4,620,664

$4,620,664

5492

JOURNAL OF THE HOUSE

Provide funds for 150 new developmental disabilities waiver slots.
Restore funds to reflect Federal Medicaid Assistance Percentage (FMAP) changes from the American Recovery and Reinvestment Act of 2009.
Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.
Provide funds to enhance hospital operations and quality of care.
Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)
Utilize existing funds to restore funding for Georgia's only designated Emergency Receiving Facility, Central State Hospital's Powell Building. Allow for hiring beginning July 1, 2010 and full operations resuming by July 15th, 2010 (Total Funds: $1,600,000). (CC:YES)
Amount appropriated in this Act

$3,346,180 $4,495,473
($873,739) $6,330,600
$0 $0
$186,574,002

$3,346,180 $4,495,473
($873,739) $6,330,600
$0 $0
$267,928,497

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

$52,707,405

State Funds

$52,707,405

State General Funds

$52,707,405

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)

$45,030,040

$45,030,040

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Provide funds to enhance hospital operations and quality of care.

$17,513 $7,659,852

$17,513 $7,659,852

Amount appropriated in this Act

$52,707,405

$52,707,405

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

$236,468,073

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

THURSDAY, APRIL 29, 2010

5493

State Funds

$214,227,645

State General Funds

$214,227,645

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$212,914,878

$248,694,566

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$111,572

$111,572

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.

($6,705,102)

($6,705,102)

Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009.

$2,955,498

$2,955,498

Reduce $13,539,260 in Medical Assistance Program (Medicaid) funds.

$0

($13,539,260)

Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.

($367,028)

($367,028)

Provide funds to enhance hospital operations and quality of care.

$5,317,827

$5,317,827

Utilize existing funds to restore funding for Georgia's only designated

$0

$0

Emergency Receiving Facility, Central State Hospital's Powell

Building. Allow for hiring beginning July 1, 2010 and full operations

resuming by July 15th, 2010 (Total Funds: $1,600,000). (CC:YES)

Amount appropriated in this Act

$214,227,645

$236,468,073

15.5. Adult Nursing Home Services

Purpose: Provide skilled nursing home services to Georgians with mental retardation or developmental disabilities.

Total Funds

$11,783,753

Other Funds

$9,012,772

Agency Funds

$9,012,772

State Funds

$2,770,981

State General Funds

$2,770,981

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,383,863

Total Funds $11,396,635

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Provide funds to enhance hospital operations and quality of care.

$8,118 $379,000

$8,118 $379,000

Amount appropriated in this Act

$2,770,981

$11,783,753

5494

JOURNAL OF THE HOUSE

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

$14,028,114

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

$3,097,715

State General Funds

$3,097,715

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$3,090,414

$14,020,813

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$7,301

$7,301

Amount appropriated in this Act

$3,097,715

$14,028,114

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

$12,524,589

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

Agency Funds

$5,839

State Funds

$8,462,945

State General Funds

$8,462,945

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)

$7,564,278

$22,746,713

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$22,794

$22,794

Annualize the cost of FY 2010 developmental disabilities slots.

$946,402

$946,402

Reduce $11,120,791 in unearnable Medical Assistance Program (Medicaid) funds that are earned in the Department of Community Health.

$0

($11,120,791)

Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.

($305,529)

($305,529)

Restore partial funding for the Marcus Autism Center.

$235,000

$235,000

THURSDAY, APRIL 29, 2010

5495

Amount appropriated in this Act

$8,462,945

$12,524,589

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

$3,099,895

State Funds

$3,099,895

State General Funds

$3,099,895

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$3,082,330

$3,082,330

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$17,565

$17,565

Amount appropriated in this Act

$3,099,895

$3,099,895

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

$80,015,406

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

$67,817,429

State General Funds

$67,817,429

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$64,717,709

$85,692,045

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Restore funds to reflect Federal Medicaid Assistance Percentages (FMAP) changes from the American Recovery and Reinvestment Act of 2009.
Reduce $8,776,359 in Medical Assistance Program (Medicaid) funds.

$39,871 $3,300,968
$0

$39,871 $3,300,968
($8,776,359)

Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.

($241,119)

($241,119)

Amount appropriated in this Act

$67,817,429

$80,015,406

5496

JOURNAL OF THE HOUSE

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

$43,995,558

Federal Funds and Grants

$2,378,613

Medical Assistance Program (CFDA 93.778)

$2,348,250

Federal Funds Not Specifically Identified

$30,363

State Funds

$33,974,332

State General Funds

$33,974,332

Intra-State Government Transfers

$7,642,613

Federal Funds Indirect

$7,265,270

Other Intra-State Government Payments

$377,343

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$30,308,951

$35,321,969

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Transfer $2,634,405 in Temporary Assistance for Needy Families (TANF) funds from Departmental Administration - Behavioral Health to the Adult Addictive Diseases program.
Provide funds to enhance hospital operations and quality of care.

$327,017 $2,164,351
$590,203 $0
$1,083,810

$327,017 $2,164,351
$967,546 ($2,634,405)
$1,083,810

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.
Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)
Reduce operating expenses.

$0
$0 ($500,000)

$7,265,270
$0 ($500,000)

Amount appropriated in this Act

$33,974,332

$43,995,558

15.11. Direct Care Support Services Purpose: Operate seven state-owned and operated hospitals.
Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$176,053,339 $22,131,704 $21,332,577
$799,127 $147,609,055 $147,609,055

THURSDAY, APRIL 29, 2010

5497

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$120,435,376

$148,879,660

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$276,971

$276,971

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.

$5,544,272

$5,544,272

Provide funds to enhance hospital operations and quality of care.

$21,352,436

$21,352,436

Amount appropriated in this Act

$147,609,055

$176,053,339

15.12. Substance Abuse Prevention

Purpose: Promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$22,947,107

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

$121,792

State General Funds

$121,792

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$165

$165

Amount appropriated in this Act

$121,792

$22,947,107

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

$2,478,231

Federal Funds and Grants

$2,427,624

Federal Funds Not Specifically Identified

$2,427,624

5498

JOURNAL OF THE HOUSE

State Funds

$50,607

State General Funds

$50,607

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)

$56,231

$2,483,855

Reduce funds for personal services to reflect projected expenditures.

($5,624)

($5,624)

Amount appropriated in this Act

$50,607

$2,478,231

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

$767,059

State Funds

$767,059

State General Funds

$767,059

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $906,108

Total Funds $906,108

Reduce funds for personal services to reflect projected expenditures.

($34,147)

($34,147)

Reduce real estate rentals ($45,000) and telecommunications ($30,000) to reflect projected expenses.
Reduce funds to reflect the revised revenue estimate.

($75,000) ($29,902)

($75,000) ($29,902)

Amount appropriated in this Act

$767,059

$767,059

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

$205,133,962 $167,324,544 $167,324,544 $12,143,803
$881,364 $11,262,439 $25,665,615 $25,665,615

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.

THURSDAY, APRIL 29, 2010

5499

Total Funds

$458,525

Other Funds

$239,704

Other Funds - Not Specifically Identified

$239,704

State Funds

$218,821

State General Funds

$218,821

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce state funds to Georgia Housing and Finance Authority (GHFA) rent.

$292 $45 ($5,800)

$292 $45 ($5,800)

Amount appropriated in this Act

$218,821

$458,525

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

$4,732,924

Federal Funds and Grants

$69,038

Federal Funds Not Specifically Identified

$69,038

Other Funds

$192,015

Agency Funds

$81,946

Other Funds - Not Specifically Identified

$110,069

State Funds

$4,471,871

State General Funds

$4,471,871

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$2,341

$2,341

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$609

$609

Replace state funds with federal and other funds for personal services.

($24,946)

$0

5500

JOURNAL OF THE HOUSE

Eliminate five vacant positions. Reduce state funds and shift funding to non-state funds for one position. Reduce state funds for one position.
Reduce state funds to GHFA rent. Transfer funds from the Environmental Education and Assistance program to consolidate planning activities.
Amount appropriated in this Act

($356,695) ($57,000)
($85,000) ($8,000) $562,285
$4,471,871

($356,695) $0
($85,000) ($8,000) $631,323
$4,732,924

16.3. Departmental Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,143,176

Federal Funds and Grants

$1,773,802

Federal Funds Not Specifically Identified

$1,773,802

Other Funds

$2,109,845

Agency Funds

$373,000

Other Funds - Not Specifically Identified

$1,736,845

State Funds

$1,259,529

State General Funds

$1,259,529

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,798,806

Total Funds $5,137,209

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce state funds and shift to non-state funds for personal services.

$16,159 $174
$4,390 ($285,000)

$16,159 $174
$14,634 $0

Reduce state funds to GHFA rent. (CC:Reduce funds.)

($25,000)

($25,000)

Replace funds for operations to recognize increased Bond Allocation

($250,000)

$0

fees and Industrialized Building fees.

Amount appropriated in this Act

$1,259,529

$5,143,176

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.

THURSDAY, APRIL 29, 2010

5501

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 $834,291

Total Funds $1,279,791

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with federal and other funds for personal services.

$778 $172 ($63,038)

$778 $172
$0

Eliminate three vacant positions.

($139,118)

($139,118)

Eliminate Assistant Commissioner position after retirement on 12/31/2010.
Reduce state funds to GHFA rent.

($62,000) ($8,800)

($62,000) ($8,800)

Eliminate funding from the Solid Waste Trust Fund.

$0

($439,500)

Transfer funds to the Coordinated Planning program to consolidate planning activities.

($562,285)

($631,323)

Amount appropriated in this Act

$0

$0

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

$47,154,646

Federal Funds and Grants

$45,205,628

Federal Funds Not Specifically Identified

$45,205,628

Other Funds

$309,587

Other Funds - Not Specifically Identified

$309,587

State Funds

$1,639,431

State General Funds

$1,639,431

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,637,454

$47,032,451

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,760

$1,760

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$217

$217

Transfer one position from the State Community Development Program.

$0

$120,218

Amount appropriated in this Act

$1,639,431

$47,154,646

5502

JOURNAL OF THE HOUSE

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 programs through a partnership with private providers.

Total Funds

$4,631,991

Federal Funds and Grants

$794,163

Federal Funds Not Specifically Identified

$794,163

Other Funds

$3,837,828

Other Funds - Not Specifically Identified

$3,837,828

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

$1,861,176

Other Funds

$780,625

Agency Funds

$105,625

Other Funds - Not Specifically Identified

$675,000

State Funds

$1,080,551

State General Funds

$1,080,551

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,705,859

$2,380,859

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with federal and other funds for personal services.

$5,036 $588
($40,625)

$5,036 $588 $0

Eliminate five vacant positions.

($390,073)

($390,073)

Reduce operating expenses.

($65,234)

($65,234)

Reduce state funds for two regional representatives to 50% federal funding.
Reduce state funds for one position and maintain position count after a retirement on 7/01/2010.

($65,000) ($70,000)

$0 ($70,000)

Amount appropriated in this Act

$1,080,551

$1,861,176

THURSDAY, APRIL 29, 2010

5503

16.8. Rental Housing Programs

Purpose: Provide affordable rental housing to very low, low, and moderate-income households by allocating federal and state housing tax credits on a competitive basis, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low-income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

Total Funds

$123,897,564

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$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

$398,325

Other Funds

$24,163

Other Funds - Not Specifically Identified

$24,163

State Funds

$374,162

State General Funds

$374,162

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$485,369

$509,532

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Eliminate two vacant positions.

$557 $155 ($106,819)

$557 $155 ($106,819)

Reduce state funds to GHFA rent.

($5,100)

($5,100)

Amount appropriated in this Act

$374,162

$398,325

5504

JOURNAL OF THE HOUSE

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.

Total Funds

$5,469,954

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

$3,107,892

State General Funds

$3,107,892

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

Eliminate funding for the Home Access program.

($300,000)

($300,000)

Provide funding for the House of Mercy in Columbus.

$75,000

$75,000

Amount appropriated in this Act

$3,107,892

$5,469,954

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

$1,180,470

Federal Funds and Grants

$5,000

Federal Funds Not Specifically Identified

$5,000

Other Funds

$320,793

Agency Funds

$320,793

State Funds

$854,677

State General Funds

$854,677

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$2,264

$2,264

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with federal and other funds for personal services.

$354 ($180,340)

$354 $0

THURSDAY, APRIL 29, 2010

5505

Eliminate one vacant position. Reduce contract funds. Reduce state funds by increasing other funds for one position. Amount appropriated in this Act

($75,680) ($74,000) ($19,300) $854,677

($75,680) ($74,000)
$0 $1,180,470

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

$6,728,352

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

$6,560,084

State General Funds

$6,560,084

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$716

$716

Increase funds to reflect an adjustment in the Workers' Compensation

$12

$12

premium.

Reduce funds for Regional Economic Business Assistance grants. (CC:NO;Increase funds.)
Delete contract funds for Appalachian Community Enterprises. (CC:Reduce funds.)

$3,500,000 ($50,000)

$3,500,000 ($50,000)

Amount appropriated in this Act

$6,560,084

$6,728,352

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

$286,358

State Funds

$286,358

State General Funds

$286,358

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

5506

JOURNAL OF THE HOUSE

Replace state funds with other funds for water sewer grants.
Replace state funds with other funds for operations of the Georgia Environmental Facilities Authority. Eliminate funds for the Georgia Rural Water Association. (CC:Reduce funds.)
Amount appropriated in this Act

($119,317) ($395,726) ($35,392)
$286,358

($119,317) ($395,726) ($35,392)
$286,358

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

$3,190,501

State Funds

$3,190,501

State General Funds

$3,190,501

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$4,363,180

$4,363,180

Eliminate one vacant position in Administration, two vacant positions in the Planning and Land Use program, and one vacant position in the Transportation Project Planning program.

($349,054)

($349,054)

Reduce operating expenses in the Transportation Project Planning program.

($178,152)

($178,152)

Provide funds to support the collaboration of the Georgia Department

$0

$0

of Transportation and the Georgia Regional Transportation Authority

in evaluating the sustainable business case for commuter rail from

Atlanta to Griffin. (CC:NO;Utilize existing funds.)

Reduce funds for Planning and Air Quality programs.

($645,473)

($645,473)

Amount appropriated in this Act

$3,190,501

$3,190,501

16.15. Payments to OneGeorgia Authority

Purpose: Provide funds for the OneGeorgia Authority.

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 $0

Total Funds $0

Add tobacco funds for rural economic development projects at the

$0

$0

OneGeorgia Authority. (CC:Utilize $47,123,000 of Tobacco Settlement

Funds from the One Georgia Authority for Low-Income Medicaid in

the Department of Community Health as recommended by the

Governor as part of his revised revenue estimate.)

Amount appropriated in this Act

$0

$0

THURSDAY, APRIL 29, 2010

5507

Section 17: Community Health, Department of

Total Funds

$12,114,246,927

Federal Funds and Grants

$5,856,184,246

Maternal and Child Health Services Block Grant (CFDA 93.994) $20,919,118

Medical Assistance Program (CFDA 93.778) Preventive Health and Health Services Block Grant (CFDA 93.991) State Children's Insurance Program (CFDA 93.767) Federal Funds Not Specifically Identified

$5,158,464,505 $2,855,733
$232,690,669 $441,254,221

Federal Recovery Funds Medical Assistance Program (CFDA 93.778)

$748,909,573 $748,909,573

Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities

$289,453,597 $80,128,097 $139,386,524

Other Funds - Not Specifically Identified

$9,578,879

Prior Year Funds - Other State Funds

$60,360,097 $2,073,369,665

Brain & Spinal Injury Trust Fund Hospital Provider Payment

$1,960,848 $229,007,409

Nursing Home Provider Fees State General Funds

$131,321,939 $1,598,718,072

Tobacco Settlement Funds

$112,361,397

Intra-State Government Transfers Federal Funds Indirect Health Insurance Payments

$3,146,329,846 $15,210,445
$2,850,244,539

Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$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

$43,071,038

Federal Funds and Grants

$17,934,101

Maternal and Child Health Services Block Grant (CFDA 93.994)

$209,368

Preventive Health and Health Services Block Grant (CFDA 93.991)

$41,694

Federal Funds Not Specifically Identified

$17,683,039

Other Funds

$335,000

Other Funds - Not Specifically Identified

$335,000

State Funds

$9,591,492

State General Funds

$4,526,315

Tobacco Settlement Funds

$5,065,177

5508

JOURNAL OF THE HOUSE

Intra-State Government Transfers

$15,210,445

Federal Funds Indirect

$15,210,445

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)

$10,101,192

$43,580,738

Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)

$0

$0

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($29)

($29)

Reduce operating expenses.

($243,975)

($243,975)

Reduce funds for personal services to reflect projected expenditures.

($265,696)

($265,696)

Amount appropriated in this Act

$9,591,492

$43,071,038

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

$9,539,010

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

$7,809,846

State General Funds

$1,334,846

Tobacco Settlement Funds

$6,475,000

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)

$7,809,874

$9,539,038

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($28)

($28)

Amount appropriated in this Act

$7,809,846

$9,539,010

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

$4,293,160,373

Federal Funds and Grants

$2,632,415,609

Medical Assistance Program (CFDA 93.778)

$2,629,628,395

THURSDAY, APRIL 29, 2010

5509

Federal Funds Not Specifically Identified

$2,787,214

Federal Recovery Funds

$414,644,129

Medical Assistance Program (CFDA 93.778)

$414,644,129

Other Funds

$62,342,988

Agency Funds

$62,342,988

State Funds

$916,469,015

Hospital Provider Payment

$25,488,041

Nursing Home Provider Fees

$131,321,939

State General Funds

$759,659,035

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 $950,769,284

Total Funds $4,125,341,336

Apply a 1.98% reduction in Medicaid reimbursement for all fee-forservice and non-emergency transportation providers, exclusive of home and community based services and inpatient and outpatient hospital services. (CC:NO)
Increase nursing home provider fee to maintain fair rental value ($7,000,000) and quality incentive initiative ($1,793,000).
Replace state general funds with additional nursing home provider fees to maintain nursing home fair rental value and quality incentive initiative provided in FY 2010.
Renegotiate specialty pharmaceutical reimbursement.

$0
$8,793,000 ($8,793,000)
($539,389)

$0
$35,326,962 ($35,326,962) ($2,167,061)

Recognize projected FY 2010 reserves and reduce state funds. (CC:Reflect the use of reserves in HB 947, 2010 Session.)

$0

$0

Reclassify federal funds as increased Federal Medical Assistance Percentages (FMAP) provided in the American Recovery and Reinvestment Act of 2009 ($392,142,922). (CC:YES)
Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.
Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.)
Reduce funds for Aged, Blind, and Disabled Medicaid to reflect projected expenditures. (CC:Fund projected expenditures and properly align funding between ABD and LIM.)
Reflect savings from transitioning long-term acute pulmonary care patients from hospitals to skilled nursing facilities. (Recommended adjustment by the Governor as part of his revenue estimate reduction.) (CC:YES)

$0 ($11,221,328)
$25,488,041
$50,800,579 ($11,000,000)

$0 $0 $102,401,346
$204,100,357 ($44,194,455)

5510

JOURNAL OF THE HOUSE

Reflect federal clawback payment credits by reducing funds. (Recommended adjustment by the Governor as part of his revised revenue estimate.)
Eliminate Medicaid reimbursement for hospital acquired conditions. (CC:Eliminate Medicaid reimbursement for hospital acquired conditions defined and utilized by the Medicare Inpatient Prospective Payment System.)
Amount appropriated in this Act

($86,339,260) ($1,488,912) $916,469,015

($86,339,260) ($5,981,890) $4,293,160,373

17.4. Departmental Administration and Program Support

Purpose: Provide administrative support to all departmental programs.

Total Funds

$378,423,025

Federal Funds and Grants

$267,486,008

Medical Assistance Program (CFDA 93.778)

$238,738,844

Preventive Health and Health Services Block Grant (CFDA 93.991)

$31,070

State Children's Insurance Program (CFDA 93.767)

$23,154,035

Federal Funds Not Specifically Identified

$5,562,059

Other Funds

$2,756,341

Agency Funds

$2,745,982

Other Funds - Not Specifically Identified

$10,359

State Funds

$85,955,008

State General Funds

$85,823,213

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:

Amount from prior Appropriation Act (HB119)

State Funds $111,332,070

Total Funds $422,007,049

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.

($1,299,868) $125,744 $7,814

($1,299,868) $125,744 $18,173

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). (CC:Reduce funding for the following contracts: actuarial services ($200,000), computer systems and services ($3,146,216), and child support recovery ($250,000); eliminate funding for APS administrative services, Georgia Medicaid Management Program (GAMMP) ($13,157,400) and reflect Georgia Partnership for Caring contract in Health Care Access and Improvement Program.)

($16,753,616)

($33,799,664)

THURSDAY, APRIL 29, 2010

5511

Reduce funds for equipment purchase ($18,969), real estate ($70,000), regular operating expenses ($70,000), and temporary staffing ($100,000).
Eliminate consultant contract for services related to the health and human services agency restructuring.
Reduce funds for personal services to reflect projected expenditures.
Reduce funds for legal assistance with Medicaid and PeachCare issues.
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.
Implement new cost allocation plan.
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.
Eliminate Level of Care contract.
Transfer transparency transformation web site maintenance to grant funds. (CC:Reflected in the Health Care Access and Improvement program.)
Reduce funds to reflect the revised revenue estimate.
Reduce funds to reflect the revised revenue estimate. (CC:Restore $50,000 for the Albany Resource Center and reflect a $1,200,000 reduction in the healthcare transparency web site funding line item in Health Care Access and Improvement.)
Implement an online processing system for Medicaid eligibility determination including nursing home patients to reduce the Payment Error Rate Measurement and streamline eligibility. (CC:YES;Implement an online eligibility processing system for Medicaid determination, beginning with nursing home eligibility.)
Reflect increase in the newborn metabolic screening fee by $10. (CC:YES)
Amount appropriated in this Act

($258,969)
($760,000) ($1,046,794)
($175,000) $0
($3,307,941) $131,795 $0 ($48,000) $0
($592,555) ($1,799,672)
$400,000
$0 $85,955,008

($417,938)
($760,000) ($2,616,984)
($350,000) $1,611,520
$0 $131,795 ($1,182,023) ($48,000)
$0
($592,555) ($4,804,224)
$400,000
$0 $378,423,025

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

$46,121,266

Federal Funds and Grants

$43,038,331

Preventive Health and Health Services Block Grant (CFDA 93.991)

$839,434

Federal Funds Not Specifically Identified

$42,198,897

State Funds

$3,082,935

State General Funds

$3,082,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5512

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Reduce personal services to reflect projected expenditures.
Reduce operating expenses. Transfer funds for the Georgia Trauma Care Network Commission from the Emergency Preparedness/Trauma System Improvement program to reflect creation of the attached agency program. Transfer funds from the Injury Prevention program. (CC:YES)
Amount appropriated in this Act

State Funds $26,238,183
($77,624) ($77,624) ($23,000,000)
$0 $3,082,935

Total Funds $68,135,489
($77,624) ($77,624) ($23,000,000)
$1,141,025 $46,121,266

17.6. Epidemiology

Purpose: Monitor, investigate, and respond to disease, injury, and other events of public health concern.

Total Funds

$8,578,624

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

$3,859,926

State General Funds

$3,744,289

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($2,516)

($2,516)

Reduce funds for the Georgia Poison Control Center to reflect changes in the Medicaid federal participation rate.
Reduce operating expenses.

($357,796) ($230,953)

($357,796) ($230,953)

Amount appropriated in this Act

$3,859,926

$8,578,624

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

$6,933,175

Federal Funds and Grants

$588,838

Medical Assistance Program (CFDA 93.778)

$588,838

THURSDAY, APRIL 29, 2010

5513

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$6,244,337

State General Funds

$6,244,337

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$9,627,211

$10,316,049

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($989)

($989)

Reduce funds for personal services to reflect projected expenditures.

($405,034)

($405,034)

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), and Southeastern Firefighters Burn Foundation ($20,000). (CC:Eliminate funds for the following grants/contracts: Chatham County Board of Health ($223,602), Rural Health Association ($30,000), Southeastern Firefighters Burn Foundation ($250,000), Floyd Health Management ($17,769), and Georgia Partnership for Caring ($150,000); and reduce funding for the Area Health Education Centers ($191,236) and St.Joseph Mercy Care ($14,244).)

($876,851)

($876,851)

Reduce funding for Federally Qualified Health Center Startup ($1,000,000) and Behavioral Health Integration ($1,000,000) sites. (CC:Reduce funding for Federally Qualified Health Center Startup ($500,000) and Behavioral Health Integration ($1,000,000) sites.)

($1,500,000)

($1,500,000)

Provide funds for operating costs of the Erlanger Life Force Air Ambulance Program offering critical trauma care services in Northwest Georgia. (CC:YES)

$600,000

$600,000

Transfer transparency transformation web site maintenance to grant funds.

($1,200,000)

($1,200,000)

Amount appropriated in this Act

$6,244,337

$6,933,175

17.8. Healthcare Facility Regulation

Purpose: Inspect and license long term care and health care facilities.

Total Funds

$15,512,738

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

$6,978,289

State General Funds

$6,978,289

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5514

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Provide funding for six new state licensure inspector positions, related travel and telecom expenses to implement HB 994, 2010 Session.
Amount appropriated in this Act

State Funds $6,542,404
($42,506)
$210
$478,181
$6,978,289

Total Funds $15,076,853
($42,506)
$210
$478,181
$15,512,738

17.9. Immunization

Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$19,391,125

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

$2,673,093

State General Funds

$2,673,093

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)

$2,752,905

$19,470,937

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($79,812)

($79,812)

Amount appropriated in this Act

$2,673,093

$19,391,125

17.10. Indigent Care Trust Fund

Purpose: Support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

Total Funds

$407,526,188

Federal Funds and Grants

$257,075,969

Medical Assistance Program (CFDA 93.778)

$257,075,969

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5515

Amount from prior Appropriation Act (HB119)
Decrease federal funds to account for the conclusion of the American Recovery and Reinvestment Act increase in the Disproportionate Share Hospital (DSH) program allotment.
Request a State Plan Amendment to add a third pool to DSH. The pool will be equivalent to the amount of UPL paid to private, non-deemed DSH eligible hospitals; an amount equivalent to what they would have received in DSH had they continued to be eligible. Allocating the remaining funds to deemed hospitals, Level I, Level II and Level III trauma hospitals and rural hospitals. Rural hospitals defined by DCH classification, having less than 60 beds and having a Medicaid Utilization Rate of at least 5%. (CC:YES)
Amount appropriated in this Act

State Funds $0 $0 $0
$0

Total Funds $414,133,168 ($6,606,980)
$0
$407,526,188

17.11. 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

$56,158,151

Federal Funds and Grants

$30,099,463

Maternal and Child Health Services Block Grant (CFDA 93.994)

$8,450,442

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

$26,058,688

State General Funds

$26,058,688

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$27,310,351

$57,085,814

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce funds for operating expenses ($40,720) and contractual services ($22,133).
Reduce funds for programmatic grant-in-aid to Public Health Districts.

($2,795) ($62,853) ($205,744)

($2,795) ($62,853) ($205,744)

Reflect savings in personal services and eliminate one vacant position.

($63,298)

($63,298)

Reduce funds for the Georgia Rural Water Association contract.

($8,897)

($8,897)

Reduce administrative allocations to Regional Tertiary Care Centers.

($196,680)

($196,680)

Reduce funds to reflect the revised revenue estimate. (CC:Reduce funding to the Babies Born Healthy program.)
Replace state funds with federal funds in the Healthy Mothers/Healthy Babies program. (CC:YES)

($387,396) ($324,000)

($387,396) $0

Amount appropriated in this Act

$26,058,688

$56,158,151

5516

JOURNAL OF THE HOUSE

17.12. Infant and Child Health Promotion

Purpose: Provide education and services to promote health and nutrition for infants and children.

Total Funds

$295,324,111

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

$11,370,121

State General Funds

$11,370,121

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$11,963,850

$295,917,840

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce funds for 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.

($4,430) ($78,677) ($297,187) ($23,653)

($4,430) ($78,677) ($297,187) ($23,653)

Discontinue health education and training provided through the Maternal Child Health Population-Based Project.
Eliminate grant-in-funds for the School Health Programs.

($150,000) ($39,782)

($150,000) ($39,782)

Amount appropriated in this Act

$11,370,121

$295,324,111

17.13. Infectious Disease Control

Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$87,810,685

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

$30,083,175

State General Funds

$30,083,175

THURSDAY, APRIL 29, 2010

5517

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $30,085,654

Total Funds $87,813,164

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($2,479)

($2,479)

Amount appropriated in this Act

$30,083,175

$87,810,685

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

$5,268,709

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

$3,699,910

State General Funds

$3,699,910

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 personal services to reflect projected expenditures.

($252,890)

($252,890)

Amount appropriated in this Act

$3,699,910

$5,268,709

17.15. 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

$0

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 personal services to reflect projected expenditures.

($24,032)

($24,032)

Eliminate program and transfer grant responsibilities to Administration. (CC:Transfer grant responsibilities to the Emergency Preparedness program.)

($276,372)

($1,417,397)

Amount appropriated in this Act

$0

$0

5518

JOURNAL OF THE HOUSE

17.16. Low Income Medicaid

Purpose: Provide healthcare access primarily to low-income individuals.

Total Funds

$3,141,100,336

Federal Funds and Grants

$2,022,369,656

Medical Assistance Program (CFDA 93.778)

$2,022,369,656

Federal Recovery Funds

$334,265,444

Medical Assistance Program (CFDA 93.778)

$334,265,444

Other Funds

$12,328,316

Agency Funds

$12,328,316

State Funds

$758,720,073

Hospital Provider Payment

$201,892,119

State General Funds

$456,254,166

Tobacco Settlement Funds

$100,573,788

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:

Amount from prior Appropriation Act (HB119)

State Funds $865,394,802

Total Funds $3,408,512,930

Apply a 1.98% reduction in Medicaid reimbursement for all fee-for-

$0

$0

service, care management organization (CMO), and non-emergency

transportation providers, exclusive of home and community based

services and inpatient and outpatient hospital services. (CC:NO)

Recognize projected FY 2010 reserves and reduce state funds. (CC:Reflect the use of reserves in HB 947, 2010 Session.)
Fund projected enrollment growth with hospital provider fees. (CC:Fund projected expenditures and properly align funding between ABD and LIM.)
Renegotiate specialty pharmaceutical discounts.

($12,889,316) $37,460,836
($107,050)

($12,889,316) $150,505,569
($430,086)

Reflect savings from capping CMO risk adjustments at 50% of the rate ($2,539,822) range.

Eliminate one-time tobacco funds and replace with managed care ($85,185,970) and hospital provider fees ($127,047,726). (CC:Eliminate one-time tobacco funds and replace with hospital provider payment agreement funds.)

($212,233,696)

($10,204,186) ($852,675,043)

Reflect the discontinuation of the Care Management Organization (CMO) quality assessment fee effective October 1, 2009.
Replace one-time Indigent Care Trust Fund prior year reserves with revenue from the hospital provider fee. (CC:Replace one-time Indigent Care Trust Fund prior year reserves with hospital provider payment agreement funds.)
Reclassify federal funds as increased Federal Medical Assistance Percentages (FMAP) provided in the American Recovery and Reinvestment Act of 2009 ($341,630,335). (CC:YES)

($37,557,487) $2,700,000
$0

($150,891,835) $0
$0

THURSDAY, APRIL 29, 2010

5519

Reflect savings from enrolling adoptive foster care children in the Georgia Families program.
Remove Medicaid CMO exemption from 2.25% Department of Insurance (DOI) premium tax. (CC:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption.)
Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.
Use managed care ($85,185,970) and hospital provider fees ($127,047,726) to replace one-time tobacco funds. (CC:Eliminate onetime tobacco funds and replace with hospital ($169,345,538) provider payment agreement funds.)
Use managed care fees to adjust Medicaid Care Management Organization reimbursement to maintain level of service. (CC:Delete funding as recommended by the Governor as part of his revenue estimate reduction.)
Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.)
Provide funds for the family planning Medicaid demonstration waiver.
Reflect savings from the family planning Medicaid demonstration waiver.
Defer the June 2011 CMO Cap payment until July 2011.
Replace state general funds in the Low-Income Medicaid Program with tobacco funds transferred from the One Georgia Authority (Recommended adjustment by the Governor as part of his revenue estimate reduction). (CC:YES)
Eliminate Medicaid reimbursement for hospital acquired conditions. (CC:Reflect reduction in the Aged, Blind and Disabled Medicaid program.)
Reduce contracts with CMOs to reduce per member per month rate reimbursements. (CC:YES)
Increase Medicaid reimbursement rate for the newborn metabolic screening fee by $10. (CC:YES)
Effective July 1, 2010, CMOs are required to increase their FY 2010 per unit reimbursement rates for their contracted non-critical access hospitals by at least the percent mandated in HB 948, 2010 Session. (CC:YES)
Amount appropriated in this Act

($2,940,919) $17,943,317 ($10,876,028) $169,345,538
$0
$29,846,581
$1,275,000 ($2,489,034) ($75,612,649)
$0
$0 ($8,000,000)
$0 $0
$758,720,073

($11,815,504) $72,089,488 $0 $680,375,805
$0
$119,912,319
$12,750,000 ($10,000,000) ($221,998,383)
$0
$0 ($32,141,422)
$0 $0
$3,141,100,336

17.17. PeachCare

Purpose: Provide health insurance coverage for qualified low-income Georgia children.

Total Funds

$275,968,358

Federal Funds and Grants

$209,536,634

State Children's Insurance Program (CFDA 93.767)

$209,536,634

State Funds

$66,279,941

Hospital Provider Payment

$1,627,249

5520

JOURNAL OF THE HOUSE

State General Funds

$64,652,692

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:

Amount from prior Appropriation Act (HB119)

State Funds $92,904,956

Total Funds $382,528,329

Reduce state funds to reflect revised enrollment projection.

($15,584,339)

($64,106,701)

Reflect savings from capping CMO risk adjustments at 50% of the rate range.
Reflect the discontinuation of the Care Management Organization (CMO) quality assurance fee effective October 1, 2009.

($3,109) ($4,967,414)

($12,789) ($20,433,624)

Apply a 1.98% reduction to Medicaid reimbursement for all fee-forservice and care management providers, exclusive of home and community based services and inpatient and outpatient hospital services. (CC:NO)
Remove Medicaid CMO exemption from 2.25% DOI premium tax. (CC:Provide funds for benefit needs from the removal of the Medicaid CMO premium tax exemption.)
Reflect changes in the Children's Health Insurance Program federal participation rate from 75.46% to 75.69%.
Use hospital provider fee funds to adjust inpatient and outpatient hospital reimbursement rates to maintain level of service. (CC:Use provider payment agreement act funds to increase inpatient and outpatient hospital reimbursement rates by 12% and hold critical access hospitals harmless in the adjustments.)
Use managed care fees to adjust Medicaid Care Management Organization reimbursement to maintain level of service. (CC:Delete funding as recommended by the Governor as part of his revenue estimate reduction.)
Defer the June 2011 CMO Cap payment until July 2011.

$0
$1,866,325 ($720,286) $1,627,249
$0 ($6,576,280)

$0
$7,677,190 $0
$6,693,744
$0 ($27,051,748)

Increase member cost-sharing in the PeachCare program by increasing premium payments by $5 for ages 6 and above (Recommended adjustment by the Governor as part of his revenue estimate reduction). (CC:Increase member cost-sharing in the PeachCare program by developing a graduated scale that meets federal guidelines.)
Renegotiate contracts with CMOs to reduce per member per month rate reimbursements. (CC:YES)
Increase PeachCare reimbursement rate for the newborn metabolic screening fee by $10. (CC:YES)
Effective July 1, 2010, CMOs are required to increase their FY 2010 per unit reimbursement rates for their contracted non-critical access hospitals by at least the percent mandated in HB 948, 2010 Session. (CC:YES)

($2,260,000)
($7,161) $0 $0

($9,296,586)
($29,457) $0 $0

Amount appropriated in this Act

$66,279,941

$275,968,358

THURSDAY, APRIL 29, 2010

5521

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

$62,673,116

Federal Funds and Grants

$986,551

Medical Assistance Program (CFDA 93.778)

$986,551

State Funds

$61,686,565

State General Funds

$61,686,565

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $68,154,008

Total Funds $69,140,559

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce general grant-in-aid funds to County Boards of Health.

$347,958 ($5,993,555)

$347,958 ($5,993,555)

Reduce funds to reflect the revised revenue estimate.

($821,846)

($821,846)

Amount appropriated in this Act

$61,686,565

$62,673,116

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. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2011 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2011 shall not exceed 22.165%.

Total Funds

$2,888,378,968

Other Funds

$60,360,097

Prior Year Funds - Other

$60,360,097

Intra-State Government Transfers

$2,828,018,871

Health Insurance Payments

$2,828,018,871

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 $2,811,029,108

Increase funds to reflect projected revenue.

$0

$105,039,482

Increase funds to reflect a 10% increase in employee premiums and spousal and tobacco ($10 and $20) surcharge increases in Plan Year 2010.
Increase funds to reflect a 10% increase in employee premiums in Plan Year 2011.

$0

$50,100,339

$0

$30,470,040

Utilize partial IBNR reserves to cover projected expense.

$0 ($222,556,127)

Reflect FY 2009 Incurred But Not Reported (IBNR) reserve funds.

$0

$237,631,000

5522

JOURNAL OF THE HOUSE

Adjust FY 2009 net assets to reflect FY 2009 expenditures.
Implement plan design changes to reduce expenses in Plan Year 2011. (CC:YES) Implement direct billing for revenue collection of the employer share of premium costs for all participating employers, effective January 2011. (CC:NO;Implement effective July 1, 2011.)
Amount appropriated in this Act

$0 ($123,334,874)

$0

$0

$0

$0

$0 $2,888,378,968

17.20. Vital Records

Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$4,191,247

Federal Funds and Grants

$500,680

Federal Funds Not Specifically Identified

$500,680

State Funds

$3,690,567

State General Funds

$3,690,567

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,690,567

Total Funds $4,191,247

Effective July 1, 2010, increase the fee for the first copy of all certificates to $25. (CC:YES)

$0

$0

Amount appropriated in this Act

$3,690,567

$4,191,247

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.

Total Funds

$1,960,848

State Funds

$1,960,848

Brain & Spinal Injury Trust Fund

$1,960,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$2,066,389

$2,069,639

Reduce appropriation to reflect FY 2009 collections.

($105,541)

($105,541)

Reduce unrealized other funds.

$0

($3,250)

Amount appropriated in this Act

$1,960,848

$1,960,848

THURSDAY, APRIL 29, 2010

5523

17.22. Georgia Board for Physician Workforce: Board Administration

Purpose: Provide administrative support to all agency programs.

Total Funds

$613,360

State Funds

$613,360

State General Funds

$613,360

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $677,827

Total Funds $677,827

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce funds for personal services to reflect projected expenditures.

$2,606 ($37,401)

$2,606 ($37,401)

Reduce funds for a vacant position.

($26,672)

($26,672)

Reduce funds to reflect the revised revenue estimate.

($3,000)

($3,000)

Amount appropriated in this Act

$613,360

$613,360

17.23. 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

$8,479,244

State Funds

$8,479,244

State General Funds

$8,479,244

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.

($761,937)

($761,937)

Reduce funds to reflect the revised revenue estimate.

($311,880)

($311,880)

Provide funds to develop a residency program in conjunction with the Philadelphia College of Osteopathic Medicine - Georgia Campus. (CC:YES)

$200,000

$200,000

Amount appropriated in this Act

$8,479,244

$8,479,244

17.24. 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

$21,615,287

State Funds

$21,615,287

State General Funds

$21,615,287

5524

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 $23,494,877

Total Funds $23,494,877

Reduce funds for Mercer University School of Medicine operating grant.

($1,879,590)

($1,879,590)

Amount appropriated in this Act

$21,615,287

$21,615,287

17.25. 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

$8,122,357

State Funds

$8,122,357

State General Funds

$8,122,357

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 funds for the Morehouse School of Medicine operating grant.

($706,292)

($706,292)

Reduce Morehouse School of Medicine operating grant to reflect onetime FMAP funds provided in the American Recovery and Reinvestment Act of 2009.

($3,604,538)

($3,604,538)

Amount appropriated in this Act

$8,122,357

$8,122,357

17.26. 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

$3,042,286

State Funds

$3,042,286

State General Funds

$3,042,286

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$3,538,484

$3,538,484

Reduce funds for undergraduate medical education.

($378,206)

($378,206)

Reduce funds to reflect the revised revenue estimate.

($117,992)

($117,992)

Amount appropriated in this Act

$3,042,286

$3,042,286

17.27. Georgia Composite Medical Board Purpose: License qualified applicants as physicians, physician's assistants, respiratory

THURSDAY, APRIL 29, 2010

5525

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

$1,907,596

State Funds

$1,907,596

State General Funds

$1,907,596

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,117,581

Total Funds $2,117,581

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce funds for personal services to reflect delayed and part-time hires.
Reduce funds for peer reviewer payment and provide continuing medical education credit.
Effective July 1, 2010, increase all professional application and reinstatement fees. (CC:YES)
Reduce funds to reflect the revised revenue estimate.

$3,858 ($116,836) ($27,000)
$0 ($70,007)

$3,858 ($116,836) ($27,000)
$0 ($70,007)

Amount appropriated in this Act

$1,907,596

$1,907,596

17.28. Georgia Trauma Care Network Commission

Purpose: Stabilize and strengthen the state's trauma system, and act as the accountability mechanism for distribution of funds appropriated for trauma system improvement.

Total Funds

$22,241,000

State Funds

$22,241,000

State General Funds

$22,241,000

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)

$0

$0

Transfer funds for the Georgia Trauma Care Network Commission from the Emergency Preparedness/Trauma System Improvement program to reflect creation of the attached agency program.

$23,000,000

$23,000,000

Provide funds for operating costs of the Erlanger Life Force Air Ambulance Program offering critical trauma care services in Northwest Georgia. (CC:Reflect in the Health Care Access and Improvement Program.)

$0

$0

Reduce funds to reflect the revised revenue estimate.

($759,000)

($759,000)

Amount appropriated in this Act

$22,241,000

$22,241,000

5526

JOURNAL OF THE HOUSE

17.29. 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

$1,134,706

State Funds

$1,134,706

State General Funds

$1,134,706

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce funds for medical scholarship program ($60,000) and physicians for rural assistance loan repayment program ($50,000).
Reduce funds for personal services to reflect projected expenditures.

$608 ($110,000) ($34,105)

$608 ($110,000) ($34,105)

Reduce funding for the annual medical fair.

($6,573)

($6,573)

Reduce funds to reflect the revised revenue estimate.

($43,865)

($43,865)

Amount appropriated in this Act

$1,134,706

$1,134,706

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

$1,102,074,927 $5,364,167 $5,364,167 $84,877,989 $84,877,989 $30,698,185 $30,698,185
$971,895,293 $971,895,293
$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

$6,241,091

Other Funds

$172,046

Other Funds - Not Specifically Identified

$172,046

State Funds

$6,069,045

State General Funds

$6,069,045

THURSDAY, APRIL 29, 2010

5527

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($6,530)

($6,530)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$10,021

$10,021

Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program.

($103,701)

($124,444)

Amount appropriated in this Act

$6,069,045

$6,241,091

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

$9,596,724

State Funds

$9,596,724

State General Funds

$9,596,724

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,596,724

Total Funds $7,596,724

Transfer funding from the Health program to address the county jail backlog.

$2,000,000

$2,000,000

Amount appropriated in this Act

$9,596,724

$9,596,724

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

$53,809,538

Federal Funds and Grants

$1,996,812

Federal Funds Not Specifically Identified

$1,996,812

Other Funds

$223,273

Other Funds - Not Specifically Identified

$223,273

State Funds

$51,589,453

State General Funds

$51,589,453

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$54,271,797

$56,416,968

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($3,095,918)

($3,095,918)

5528

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Provide operating ($2,100) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months).
Amount appropriated in this Act

$57,925 ($4,316) $357,865
$2,100
$51,589,453

$57,925 ($4,316) $432,779
$2,100
$53,809,538

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

$32,754,223

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

$26,482,516

State General Funds

$26,482,516

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($99,997)

($99,997)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$73,893

$73,893

Annualize closure of three probation detention centers.

($6,651,072)

($6,651,072)

Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program.

($601,087)

($1,020,682)

Amount appropriated in this Act

$26,482,516

$32,754,223

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

$29,545,780

THURSDAY, APRIL 29, 2010

5529

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

$26,376,059

State General Funds

$26,376,059

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($18,545) $11,774

($18,545) $11,774

Provide start-up ($197,210) and operating ($399,789) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months).

$596,999

$596,999

Eliminate prior year start-up funds for fast track unit at Telfair State Prison.
Redistribute funds from the Bainbridge Probation Substance Abuse Treatment Center, Detention Centers, Parole Revocation Centers, State Prisons, and Transitional Centers programs to align all food services contract funding in one program.

($16,927) $11,531,000

($16,927) $12,600,721

Amount appropriated in this Act

$26,376,059

$29,545,780

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

$217,678,263

Other Funds

$8,390,000

Other Funds - Not Specifically Identified

$8,390,000

State Funds

$209,288,263

State General Funds

$209,288,263

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $214,129,769

Total Funds $222,519,769

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($6,657) $25,659

($6,657) $25,659

5530

JOURNAL OF THE HOUSE

Provide start-up ($69,735) and operating ($3,583,989) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months).
Eliminate prior year start-up funds for fast track unit at Telfair State Prison.
Annualize closure of Bostick State Prison (694 beds).
Realize savings from the closure of Men's State Prison (662 beds) in January 2011.
Annualize closure of three probation detention centers.
Realize savings from the closure of Montgomery State Prison (384 beds) in August 2010. (CC:NO;Do not close Montgomery State Prison.)
Reduce funding to reflect program efficiencies. (CC:Reduce funds due to increased use of telemedicine and other program efficiencies. Transfer $2,000,000 of savings to County Jail Subsidy.)
Amount appropriated in this Act

$3,653,724
($18,390) ($2,507,772) ($1,196,070)
($792,000) $0
($4,000,000)
$209,288,263

$3,653,724
($18,390) ($2,507,772) ($1,196,070)
($792,000) $0
($4,000,000)
$217,678,263

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

$42,090,619

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,060,619

State General Funds

$42,060,619

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$42,484,560

$42,514,560

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds.

($31,429) $7,488
($400,000)

($31,429) $7,488
($400,000)

Amount appropriated in this Act

$42,060,619

$42,090,619

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.

THURSDAY, APRIL 29, 2010

5531

Total Funds

$4,641,298

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

$4,228,798

State General Funds

$4,228,798

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $4,343,479

Total Funds $4,758,989

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program.

($12,049) $10,021
($112,653)

($12,049) $10,021
($115,663)

Amount appropriated in this Act

$4,228,798

$4,641,298

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

$86,295,849

State Funds

$86,295,849

State General Funds

$86,295,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $86,779,503

Total Funds $86,779,503

Increase funds for private prison expansions at Wheeler (750 beds) and Coffee (750 beds) correctional facilities.
Reflect savings in contractual obligations (D. Ray James prison) as recommended by the Governor as part of his revised revenue estimate.
Fund additional capacity of 332 beds included in the design of the Wheeler and Coffee private prison expansions.
Fully fund the start-up of a new 1000-bed facility, beginning in May 2011.

$22,013,500 ($28,064,097)
$3,925,006 $1,641,937

$22,013,500 ($28,064,097)
$3,925,006 $1,641,937

Amount appropriated in this Act

$86,295,849

$86,295,849

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.

5532

JOURNAL OF THE HOUSE

Total Funds

$87,855,614

Other Funds

$1,625,218

Other Funds - Not Specifically Identified

$1,625,218

State Funds

$86,230,396

State General Funds

$86,230,396

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses ($119,513) and transfer funds ($290,233) for the Georgia Commission on Family Violence to the Governor's Office for Children and Families. (CC:Transfer the Commission on Family Violence to the Judicial Council.)
Reduce operating expenses for the Georgia Commission on Family Violence.

($396,252) $165,627
($368,771)
($40,975)

($396,252) $165,627
($428,803)
($40,975)

Amount appropriated in this Act

$86,230,396

$87,855,614

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 services and work details to the Department, state agencies, and local communities.

Total Funds

$504,116,811

Federal Funds and Grants

$2,037,754

Federal Funds Not Specifically Identified

$2,037,754

Federal Recovery Funds

$84,877,989

Federal Recovery Funds Not Specifically Identified

$84,877,989

Other Funds

$11,749,812

Other Funds - Not Specifically Identified

$11,749,812

State Funds

$396,228,454

State General Funds

$396,228,454

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:

THURSDAY, APRIL 29, 2010

5533

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Provide start-up ($3,450,885) and operating ($4,713,530) funds for fast track units at Telfair State Prison (9 months), Central State Prison (6 months), Georgia Diagnostic and Classification Prison (4 months), and Augusta State Medical Prison (12 months).
Eliminate prior year start-up funds for fast track unit at Telfair State Prison.
Annualize closure of Bostick State Prison (694 beds).
Realize savings from the closure of Men's State Prison (662 beds) in January 2011.
Annualize closure of Scott State Prison (1,748 beds).
Realize savings from the closure of Montgomery State Prison (384 beds) in August 2010. (CC:NO; Do not close Montgomery State Prison.)
Replace stabilization funds from the American Recovery and Reinvestment Act of 2009.
Remove one-time Department of Administrative Services (DOAS) surplus property reserve funds.
Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program.
Decrease funds to recognize revenues received for audits performed to meet the requirements of the American Recovery and Reinvestment Act and offset the costs of additional federal requirements. (CC:YES)
Amount appropriated in this Act

State Funds $407,956,113 ($1,055,285)
$1,157,178 $8,164,415
($812,970) ($7,265,880) ($3,979,134) ($10,133,835)
$0
$12,356,685 $0
($10,158,833) $0
$396,228,454

Total Funds $529,552,724 ($1,055,285)
$1,157,178 $8,164,415
($812,970) ($7,265,880) ($3,979,134) ($10,133,835)
$0
$0 ($725,196) ($10,785,206)
$0
$504,116,811

18.12. Transitional 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

$27,449,117

State Funds

$27,449,117

State General Funds

$27,449,117

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $28,005,563

Total Funds $28,236,691

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($70,878) $69,158

($70,878) $69,158

5534

JOURNAL OF THE HOUSE

Remove one-time Department of Administrative Services surplus property reserve funds. Redistribute funds to the Food and Farm Operations program to align all food services contract funding in one program.
Amount appropriated in this Act

$0 ($554,726) $27,449,117

($231,128) ($554,726) $27,449,117

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

$40,877,829 $31,030,723 $31,030,723 $1,186,558 $1,156,311
$30,247 $8,660,548 $8,660,548

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

$1,529,328

Federal Funds and Grants

$409,445

Federal Funds Not Specifically Identified

$409,445

Other Funds

$12,942

Other Funds - Not Specifically Identified

$12,942

State Funds

$1,106,941

State General Funds

$1,106,941

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,129,559

$1,539,004

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($131) $1,218 $5,546 ($29,251)

($131) $1,218 $18,488 ($29,251)

Amount appropriated in this Act

$1,106,941

$1,529,328

THURSDAY, APRIL 29, 2010

5535

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

$25,856,876

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

$4,442,330

State General Funds

$4,442,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $4,674,065

Total Funds $26,088,611

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($452)

($452)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,100

$3,100

Remove state funds for armory repairs and maintenance.

($382,433)

($382,433)

Transfer funds from the Youth Educational Services program to fund three critical vacancies.

$148,050

$148,050

Amount appropriated in this Act

$4,442,330

$25,856,876

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

$13,491,625

Federal Funds and Grants

$10,380,348

Federal Funds Not Specifically Identified

$10,380,348

State Funds

$3,111,277

State General Funds

$3,111,277

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$4,890,116

$12,693,239

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($66) $4,386

($66) $4,386

5536

JOURNAL OF THE HOUSE

Realize additional federal funds from a change in the Youth Challenge Agreement funding participation rate. Transfer funds to the Military Readiness program to fund critical vacancies. Remove state funds from the Youth Educational Services program to reflect a change in the Youth Challenge Agreement funding participation rate.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

$0 ($148,050) ($1,281,950)
($353,159) $3,111,277

$2,577,225 ($148,050) ($1,281,950)
($353,159) $13,491,625

Section 20: Driver Services, Department of
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$61,048,664 $2,844,121 $2,844,121 $58,204,543 $58,204,543

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

$9,646,974

Other Funds

$500,857

Other Funds - Not Specifically Identified

$500,857

State Funds

$9,146,117

State General Funds

$9,146,117

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $8,873,366

Total Funds $9,374,223

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$550,608 $25,569 $663

$550,608 $25,569 $663

Cancel or renegotiate agency contracts.

($90,686)

($90,686)

Reduce operating expenses.

($122,490)

($122,490)

Reduce personal services.

($90,913)

($90,913)

Amount appropriated in this Act

$9,146,117

$9,646,974

20.2. License Issuance Purpose: The purpose of this appropriation is to issue and renew drivers' licenses,

THURSDAY, APRIL 29, 2010

5537

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

$50,034,564

Other Funds

$1,827,835

Other Funds - Not Specifically Identified

$1,827,835

State Funds

$48,206,729

State General Funds

$48,206,729

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$1,265,080 $157,225 $7,236
($191,648)

$1,265,080 $157,225 $7,236
($191,648)

Eliminate motor vehicle funding for the Greene County Customer Service Center.
Defer moving the Cartersville and Statesboro Customer Service Centers to new locations.
Eliminate six temporary data entry staff.

($14,700) ($41,546) ($151,129)

($14,700) ($41,546) ($151,129)

Reduce contract funds.

($63,238)

($63,238)

Reduce personal services.

($587,441)

($587,441)

Amount appropriated in this Act

$48,206,729

$50,034,564

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

$1,367,126

Other Funds

$515,429

Other Funds - Not Specifically Identified

$515,429

State Funds

$851,697

State General Funds

$851,697

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5538

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119) Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce operating expenses.
Reduce personal services. Remove funding associated with the Georgia Driver's Education Commission grants. Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

State Funds $2,551,505
$3,822
$136
($32,786) ($20,980) ($1,500,000)
($150,000) $851,697

Total Funds $3,066,853
$3,822
$217
($32,786) ($20,980) ($1,500,000)
($150,000) $1,367,126

Section 21: Early Care and Learning, Department of
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
Lottery Funds State General Funds Intra-State Government Transfers Federal Funds Indirect

$503,511,260 $112,367,823 $112,367,823
$57,212 $57,212 $356,293,479 $355,016,656 $1,276,823 $34,792,746 $34,792,746

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

$7,976,781

Other Funds

$57,212

Other Funds - Not Specifically Identified

$57,212

State Funds

$1,276,823

State General Funds

$1,276,823

Intra-State Government Transfers

$6,642,746

Federal Funds Indirect

$6,642,746

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

THURSDAY, APRIL 29, 2010

5539

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.
Utilize federal funds to support child care consultants.
Reduce funds to reflect the revised revenue estimate.
Per HB 1055, collect annual licensure fee for day-care centers, child care learning centers, group day-care homes, and family day-care homes. Remit all fees collected to the Treasury. (CC:YES) Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)
Amount appropriated in this Act

$9,241 $17,973 $2,125 ($7,400) ($2,558,329) ($131,059)
$0
$0 $1,276,823

$9,241 $17,973 $4,337 ($7,400)
$0 ($131,059)
$0
$0 $7,976,781

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

$112,000,000

Federal Funds and Grants

$112,000,000

Federal Funds Not Specifically Identified

$112,000,000

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

$355,534,479

Federal Funds and Grants

$367,823

Federal Funds Not Specifically Identified

$367,823

State Funds

$355,016,656

Lottery Funds

$355,016,656

Intra-State Government Transfers

$150,000

Federal Funds Indirect

$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 $349,596,285

Total Funds $350,114,108

5540

JOURNAL OF THE HOUSE

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28% by redirecting funding from the Resource Coordination grants ($301,415). (CC:Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28% for the base grants and T&E.) Provide for an additional 2,000 Pre-K slots, bringing total enrollment to 84,000.
Reduce funds for Resource Coordination grants.
Reduce funds in administration.
Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)
Amount appropriated in this Act

$488,537
$14,305,034 ($9,250,000)
($123,200) $0
$355,016,656

$488,537
$14,305,034 ($9,250,000)
($123,200) $0
$355,534,479

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

$28,000,000

Intra-State Government Transfers

$28,000,000

Federal Funds Indirect

$28,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$28,000,000

Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)

$0

$0

Amount appropriated in this Act

$0

$28,000,000

Section 22: Economic Development, Department of
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$28,523,214 $20,370 $20,370
$28,502,844 $28,502,844

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

$8,215,850

State Funds

$8,215,850

State General Funds

$8,215,850

THURSDAY, APRIL 29, 2010

5541

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)

$9,484,984

$9,484,984

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($47,547)

($47,547)

Eliminate nine vacant positions.

($530,041)

($530,041)

Reduce travel expenses.

($41,546)

($41,546)

Reduce funds for marketing.

($400,000)

($400,000)

Reduce funds to reflect the revised revenue estimate.

($250,000)

($250,000)

Amount appropriated in this Act

$8,215,850

$8,215,850

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

$3,884,784

Other Funds

$126

Other Funds - Not Specifically Identified

$126

State Funds

$3,884,658

State General Funds

$3,884,658

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)

$5,158,567

$5,158,567

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($81,999) $12,730 $12,425
($47,934)

($81,999) $12,730 $12,551
($47,934)

Eliminate seven vacant positions.

($518,722)

($518,722)

Reduce travel expenses.

($6,000)

($6,000)

Reduce funds for marketing.

($444,409)

($444,409)

Reduce funds to reflect the revised revenue estimate.

($200,000)

($200,000)

Amount appropriated in this Act

$3,884,658

$3,884,784

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,

5542

JOURNAL OF THE HOUSE

music, and electronic gaming industry projects and businesses to the state.

Total Funds

$989,381

State Funds

$989,381

State General Funds

$989,381

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,061,039

$1,061,039

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($1,425)

($1,425)

Eliminate one vacant position.

($70,233)

($70,233)

Amount appropriated in this Act

$989,381

$989,381

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

$1,441,290

State Funds

$1,441,290

State General Funds

$1,441,290

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,550,028

$1,550,028

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce travel expenses.

($3,705) ($5,033)

($3,705) ($5,033)

Delete one-time funds for the Herty Advanced Materials Development Center.

($100,000)

($100,000)

Amount appropriated in this Act

$1,441,290

$1,441,290

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

$2,060,270

State Funds

$2,060,270

State General Funds

$2,060,270

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5543

Amount from prior Appropriation Act (HB119) Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Reduce travel expenses.
Amount appropriated in this Act

State Funds $2,078,571
($8,552)
($9,749) $2,060,270

Total Funds $2,078,571
($8,552)
($9,749) $2,060,270

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

$886,778

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

State Funds

$866,534

State General Funds

$866,534

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$876,510

$896,754

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce travel expenses.

($5,131) ($4,845)

($5,131) ($4,845)

Amount appropriated in this Act

$866,534

$886,778

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

$10,114,324

State Funds

$10,114,324

State General Funds

$10,114,324

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$11,470,926

$11,470,926

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($56,504)

($56,504)

Eliminate nine vacant positions.

($352,522)

($352,522)

Reduce travel expenses.

($35,689)

($35,689)

5544

JOURNAL OF THE HOUSE

Reduce funds for marketing.
Delete one-time funds for the Veteran's Wall of Honor. Eliminate contract funds for the Historical Marker program with the Georgia Historical Society. (CC:Reduce funds.) Reduce grants for local welcome centers.
Eliminate one-time funds for the Civil War Trails. (CC:Reduce funds.) Eliminate contract funds for the Georgia Humanities Council. (CC:Reduce funds.) Eliminate contract funds for the Georgia Historical Society. (CC:Reduce funds.) Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($400,000) ($50,000)
($5,000)
($192,837) ($40,000) ($89,050)
($35,000)
($100,000) $10,114,324

($400,000) ($50,000)
($5,000)
($192,837) ($40,000) ($89,050)
($35,000)
($100,000) $10,114,324

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

$10,000

State Funds

$10,000

State General Funds

$10,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $25,000

Total Funds $25,000

Eliminate contract funds for the Civil War Commission. (CC:Reduce funds.)

($15,000)

($15,000)

Amount appropriated in this Act

$10,000

$10,000

22.9. Payments to Aviation Hall of Fame

Purpose: Provide operating funds for the Aviation Hall of Fame.

Total Funds

$22,000

State Funds

$22,000

State General Funds

$22,000

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)

$44,550

$44,550

Reduce operating expenses.

($3,564)

($3,564)

THURSDAY, APRIL 29, 2010

5545

Eliminate funding for the Aviation Hall of Fame. (CC:Reduce funds.) Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

($17,516) ($1,470) $22,000

($17,516) ($1,470) $22,000

22.10. Payments to Georgia Medical Center Authority

Purpose: Provide operating funds for the Georgia Medical Center Authority.

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:

Amount from prior Appropriation Act (HB119)

State Funds $300,000

Total Funds $300,000

Eliminate funds for the Georgia Medical Center Authority. (CC:Reduce funds.)

($100,000)

($100,000)

Amount appropriated in this Act

$200,000

$200,000

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

$386,208

State Funds

$386,208

State General Funds

$386,208

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$586,208

$586,208

Reduce operating expenses.

($46,897)

($46,897)

Eliminate funding for the Georgia Music Hall of Fame. (CC:Reduce funds.)

($133,758)

($133,758)

Reduce funds to reflect the revised revenue estimate.

($19,345)

($19,345)

Amount appropriated in this Act

$386,208

$386,208

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

$312,329

State Funds

$312,329

State General Funds

$312,329

5546

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)

$512,329

$512,329

Reduce funds for personal services to reflect projected expenditures.

($40,645)

($40,645)

Eliminate funding for the Georgia Sports Hall of Fame. (CC:Reduce funds.)

($142,448)

($142,448)

Reduce funds to reflect the revised revenue estimate.

($16,907)

($16,907)

Amount appropriated in this Act

$312,329

$312,329

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

$9,580,654,461 $1,752,308,362 $1,752,308,362
$821,517,470 $821,517,470 $16,897,355 $16,897,355 $6,989,931,274 $6,989,931,274

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,725.07. 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 improvement in the areas of science and math.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$2,621,358

$2,621,358

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$3,871

$3,871

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,101

$1,101

Restructure the Math and Science Mentor program with more emphasis on math improvement and eliminate two math and science mentor positions and associated expenses.

($346,513)

($346,513)

Transfer Math Mentor funds and function to RESAs ($1,787,328) and eliminate remaining funds ($492,489).

($2,279,817)

($2,279,817)

Amount appropriated in this Act

$0

$0

THURSDAY, APRIL 29, 2010

5547

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

$11,264,096

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

$8,049,778

State General Funds

$8,049,778

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 funding in agricultural education programs. (CC:Reduce funding for Extended Year/Day ($168,367) by 5% and Area Teacher Program ($173,989), Young Farmers ($311,957), and Youth Camps ($53,033) by 10%.)
Decrease federal funds ($2,259) and other funds ($450,002) to reflect projected expenditures.
Increase usage fee for youth camps for non-FFA/FCCLA groups. (CC:YES)

($707,346)
$0 $0

($707,346)
($452,261) $0

Amount appropriated in this Act

$8,049,778

$11,264,096

23.3. Central Office

Purpose: Provide administrative support to the State Board of Education, Departmental programs, and local school systems.

Total Funds

$107,045,765

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

$30,554,450

State General Funds

$30,554,450

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $33,558,613

Total Funds $95,087,661

5548

JOURNAL OF THE HOUSE

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Realize savings from vacant positions and operations ($2,147,860), and eliminate membership dues for the Education Commission of the States ($120,800).
Increase federal funds to reflect projected expenditures.
Decrease other funds to reflect projected expenditures.
Recognize funds from the American Recovery and Reinvestment Act of 2009.
Eliminate funds for contracts to include AAASP, Spelling Bee, Science Olympiad, and Academic Decathlon competition. Utilize corporate sponsorships and foundation funds to support academic and athletic competitions. (CC:Restore $40,000 to AAASP.)
Reduce administration funds associated with eliminated tests. (CC:Restore funds for ITBS testing.)
Reduce position count by 100 to reflect a 10% reduction in workforce agency wide. (CC:YES)
Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES)
Redistribute existing funds to reflect an increased emphasis on online professional learning ($346,568). (CC:YES)
Amount appropriated in this Act

$116,601 $11,023 $46,873
($2,268,660)
$0 $0 $0 ($360,000)
($550,000) $0 $0
$0 $30,554,450

$116,601 $11,023 $46,873
($2,268,660)
$19,108,760 ($4,852,552)
$706,059 ($360,000)
($550,000) $0 $0
$0 $107,045,765

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

$14,952,023

Federal Funds and Grants

$12,803,723

Federal Funds Not Specifically Identified

$12,803,723

State Funds

$2,148,300

State General Funds

$2,148,300

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$2,615,193

$9,980,884

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$528

$528

Reduce facility grants ($182,201), planning grants ($20,220), and eliminate funding for implementation grants ($125,000).

($327,421)

($327,421)

Remove one-time funds for the GA Charter School Commission.

($140,000)

($140,000)

THURSDAY, APRIL 29, 2010

5549

Increase federal funds to reflect projected expenditures. Amount appropriated in this Act

$0 $2,148,300

$5,438,032 $14,952,023

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

$971,979

State Funds

$971,979

State General Funds

$971,979

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,214,973

$1,214,973

Reduce funding for local affiliate organizations. (CC:Reduce funding for Communities in Schools of Georgia training and technical assistance. Prioritize funding for local affiliate organizations.)

($242,994)

($242,994)

Amount appropriated in this Act

$971,979

$971,979

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

$1,112,800

State Funds

$1,112,800

State General Funds

$1,112,800

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,278,447

Total Funds $1,278,447

Realize savings in contractual services and travel by providing more web-based training sessions.

($165,647)

($165,647)

Amount appropriated in this Act

$1,112,800

$1,112,800

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

5550

JOURNAL OF THE HOUSE

Federal Recovery Funds Not Specifically Identified

$675,681,111

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 $1,024,026,289

Increase federal funds to reflect projected expenditures.

$0

$39,236,272

Recognize funds from the American Recovery and Reinvestment Act of 2009.

$0

$675,681,111

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 to reflect projected expenditures.

$0

($2,198,541)

Amount appropriated in this Act

$0

$6,153,035

23.9. Georgia Virtual School

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

$5,392,253

Other Funds

$409,685

Other Funds - Not Specifically Identified

$409,685

State Funds

$4,982,568

State General Funds

$4,982,568

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$5,260,696

$5,982,909

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,648

$1,648

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$307

$307

THURSDAY, APRIL 29, 2010

5551

Reduce funding for regular operating expenses.
Decrease other funds to reflect projected expenditures.
Reduce funds for course development. Use existing resources to provide for an additional 1,700 slots. (CC:YES) Redistribute existing funds to reflect an increased emphasis on online professional learning ($183,983). (CC:YES)
Amount appropriated in this Act

($48,050) $0
($232,033) $0
$0
$4,982,568

($48,050) ($312,528) ($232,033)
$0
$0
$5,392,253

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

$150,000

State Funds

$150,000

State General Funds

$150,000

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

Eliminate funding for the Georgia Youth Science and Technology Center. (CC:NO;Reduce funds.)

($100,000)

($100,000)

Amount appropriated in this Act

$150,000

$150,000

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

$1,063,633

State Funds

$1,063,633

State General Funds

$1,063,633

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce the Governor's Honors summer program from 6 to 4 weeks. (CC:Reduce state funds, but maintain a 4 week program at minimum. Use other funds to help maintain program services.)

$423 $286 ($300,442)

$423 $286 ($300,442)

Amount appropriated in this Act

$1,063,633

$1,063,633

5552

JOURNAL OF THE HOUSE

23.12. Information Technology Services

Purpose: Provide Internet access for local school systems.

Total Funds

$3,321,803

State Funds

$3,321,803

State General Funds

$3,321,803

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

Eliminate funding for the Education Technology Centers (ETCs). (CC:Fold mission and function into RESAs.)
Reduce funds to reflect the revised revenue estimate.

($3,571,841) ($213,206)

($3,571,841) ($213,206)

Amount appropriated in this Act

$3,321,803

$3,321,803

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

$0

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)

$7,209,486

$7,209,486

Eliminate funding for National Board Certification.

($7,209,486)

($7,209,486)

Amount appropriated in this Act

$0

$0

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

$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:

Amount from prior Appropriation Act (HB119)

State Funds $500,000

Total Funds $500,000

Eliminate funding for the National Science Center and Foundation. (CC:Reduce funds.)

($300,000)

($300,000)

Amount appropriated in this Act

$200,000

$200,000

THURSDAY, APRIL 29, 2010

5553

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

$19,215,457

State Funds

$19,215,457

State General Funds

$19,215,457

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$22,670,811

$22,670,811

Utilize federal funds to support funding for Special Ed-Low Incidence grants.
Reduce funding for Sparsity Grants. (CC:Eliminate Alternative Sparsity only.)
Reduce funds for supplemental grants provided to residential treatment centers.
Reduce funds for Special Needs Scholarships based on projected need. (CC:Adjust funds based on need.)

($801,920) ($3,115,039)
($141,153) $617,758

($801,920) ($3,115,039)
($141,153) $617,758

Reduce funds for High Performing Principals based on actual participation.

($15,000)

($15,000)

Amount appropriated in this Act

$19,215,457

$19,215,457

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

$564,313,682

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

$25,629,814

State General Funds

$25,629,814

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $38,628,520

Total Funds $507,518,057

Reduce the supplemental funding provided for the nutrition program. ($9,670,330)

($9,670,330)

Increase federal funds to reflect projected expenditures.

$0

$65,373,538

5554

JOURNAL OF THE HOUSE

Recognize funds from the American Recovery and Reinvestment Act of 2009.
Reduce funds to reflect the revised revenue estimate.
Prioritize state funding for school systems that serve a high percentage of students eligible for free and reduced price lunch. (CC:YES)
Amount appropriated in this Act

$0 ($3,328,376)
$0 $25,629,814

$4,420,793 ($3,328,376)
$0 $564,313,682

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

$28,465,950

State Funds

$28,465,950

State General Funds

$28,465,950

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $29,774,733

Total Funds $29,774,733

Reduce funding to the Preschool Handicapped program.

($1,308,783)

($1,308,783)

Amount appropriated in this Act

$28,465,950

$28,465,950

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

$138,628,397

State Funds

$138,628,397

State General Funds

$138,628,397

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)

$168,378,905

$168,378,905

Utilize General Obligation bonds to replace buses.

($24,699,141)

($24,699,141)

Reduce funds to reflect the revised revenue estimate.

($5,051,367)

($5,051,367)

Amount appropriated in this Act

$138,628,397

$138,628,397

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

THURSDAY, APRIL 29, 2010

5555

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $436,158,587

Total Funds $436,158,587

Revise the Equalization grant by adjusting the 5 mills base to 8 mills.

$0

$0

(CC:NO)

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

$7,927,228,793

Federal Recovery Funds

$140,709,507

Federal Recovery Funds Not Specifically Identified

$140,709,507

State Funds

$7,786,519,286

State General Funds

$7,786,519,286

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $8,049,442,059

Total Funds $8,462,587,986

Reduce QBE formula funding.

($527,023,763) ($527,023,763)

Provide for QBE enrollment increase based on 0.67% growth and for training and experience.
Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%.
Reflect a reduction in Stabilization funds ($70,519,703) provided through the America Recovery and Reinvestment Act. (CC:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue.)
Reflect Governor's recommendation to remove charter system grant funding ($1,757,611). (CC:NO)
Reflect Governor's recommendation to increase administration fee for dual enrollment based on additional segments ($55,770). (CC:YES)

$121,068,753 $43,032,237
$0
$0 $0

$121,068,753 $43,032,237 ($272,436,420)
$0 $0

Restore funds to QBE.

$100,000,000

$100,000,000

Provide forward funding for the commission charter schools to cover

$0

$0

funding until the midterm adjustment. (CC:YES)

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Amount appropriated in this Act

$7,786,519,286 $7,927,228,793

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

$9,316,629

State Funds

$9,316,629

State General Funds

$9,316,629

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$12,093,399

$12,093,399

Eliminate funding for RESAs. (CC:NO)

($12,093,399)

($12,093,399)

Transfer Math Mentor funds and function to RESAs.

$1,787,328

$1,787,328

Provide funds for RESAs to maintain core services.

$6,029,301

$6,029,301

Fold mission and function of ETCs into RESAs.

$1,500,000

$1,500,000

Utilize RESAs in the School Improvement function. (CC:YES)

$0

$0

Amount appropriated in this Act

$9,316,629

$9,316,629

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

$5,757,500

State Funds

$5,757,500

State General Funds

$5,757,500

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$8,335,054

$8,435,054

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Decrease other funds to reflect projected expenditures.

$2,007 $3,227
$0

$2,007 $3,227 ($100,000)

Eliminate four vacant positions and associated operating expenses.

($420,000)

($420,000)

Realize savings in the School Improvement function.

($2,162,788)

($2,162,788)

Amount appropriated in this Act

$5,757,500

$5,757,500

THURSDAY, APRIL 29, 2010

5557

23.24. School Nurses

Purpose: Provide funding for school nurses who provide health procedures for students at school.

Total Funds

$27,499,500

State Funds

$27,499,500

State General Funds

$27,499,500

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.

($1,600,500)

($1,600,500)

Amount appropriated in this Act

$27,499,500

$27,499,500

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.

Total Funds

$73,557,386

Federal Funds and Grants

$7,983,572

Federal Funds Not Specifically Identified

$7,983,572

State Funds

$65,573,814

State General Funds

$65,573,814

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 funding.

($1,473,240)

($1,473,240)

Decrease federal funds to reflect projected expenditures.

$0

($5,376,286)

Reduce funds to reflect the revised revenue estimate.

($2,073,620)

($2,073,620)

Amount appropriated in this Act

$65,573,814

$73,557,386

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

$63,240,684

Federal Funds and Grants

$23,930,738

Federal Funds Not Specifically Identified

$23,930,738

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State Funds

$39,309,946

State General Funds

$39,309,946

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$91,264,040

$110,709,116

Increase federal funds to reflect projected expenditures.

$0

$4,485,662

Reflect reduced employer contributions to the State Health Benefit Plan for non-certificated employees and anticipated plan design changes. (CC:Reduce funds.)

($51,954,094)

($51,954,094)

Amount appropriated in this Act

$39,309,946

$63,240,684

23.27. State Schools

Purpose: Prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development.

Total Funds

$24,044,929

Other Funds

$1,423,122

Other Funds - Not Specifically Identified

$1,423,122

State Funds

$22,621,807

State General Funds

$22,621,807

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$23,471,312

$25,120,511

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operational expenses at the State Schools.

$8,615 $10,537 ($1,290,922)

$8,615 $10,537 ($1,290,922)

Decrease other funds to reflect projected expenditures.

$0

($226,077)

Provide funds for an enrollment increase at the Georgia School for the Deaf ($146,280) and for a training and experience adjustment for teachers at all 3 state schools ($275,985).

$422,265

$422,265

Amount appropriated in this Act

$22,621,807

$24,044,929

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

$41,496,362

Federal Funds and Grants

$17,708,583

Federal Funds Not Specifically Identified

$17,708,583

THURSDAY, APRIL 29, 2010

5559

Other Funds

$8,994,899

Other Funds - Not Specifically Identified

$8,994,899

State Funds

$14,792,880

State General Funds

$14,792,880

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$16,334,539

$51,612,779

Reduce funding. (CC:Reduce funding for Extended Year/Day ($417,595) by 5% and Vocational Supervisors ($352,228), Vocational Industry Certification ($70,200) and Youth Apprenticeship ($339,636) by 10%. Eliminate funding for the High Schools That Work contract ($362,000).)

($1,541,659)

($1,541,659)

Decrease federal funds ($4,565,189) and other funds ($4,009,569) to reflect projected expenditures.

$0

($8,574,758)

Amount appropriated in this Act

$14,792,880

$41,496,362

23.29. Testing

Purpose: Administer the statewide student assessment program and provide related testing instruments and training to local schools.

Total Funds

$27,096,654

Federal Funds and Grants

$13,273,150

Federal Funds Not Specifically Identified

$13,273,150

State Funds

$13,823,504

State General Funds

$13,823,504

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $22,344,085

Total Funds $36,008,629

Reduce contractual services for the SAT prep ($263,736) and State Mandated Tests ($351,648) based on projected need.
Decrease federal funds to reflect projected expenditures.

($615,384) $0

($615,384) ($391,394)

Eliminate funds for SAT Prep. Use GACollege411 for ACT and SAT practice tests.
Reduce funds for PSAT ($815,000) and AP exams ($4,200,000). Provide PSAT and two AP exams per year for Free and Reduced Price Lunch students only. (CC:YES)
Eliminate the CRCT for grades 1 and 2.

($636,264) ($5,015,000)
($1,158,691)

($636,264) ($5,015,000)
($1,158,691)

Eliminate the writing assessment for grades 3 and 5.

($1,095,242)

($1,095,242)

Amount appropriated in this Act

$13,823,504

$27,096,654

23.30. Tuition for Multi-handicapped Purpose: Partially reimburse school systems for private residential placements when the

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school system is unable to provide an appropriate program for a multi-handicapped student.

Total Funds

$1,567,622

State Funds

$1,567,622

State General Funds

$1,567,622

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,658,859

Total Funds $1,658,859

Reduce funding.

($91,237)

($91,237)

Amount appropriated in this Act

$1,567,622

$1,567,622

Section 24: Employees' Retirement System
Total Funds Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$28,119,040 $2,711,047 $2,711,047 $8,790,784 $8,790,784 $16,617,209 $16,617,209

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 $187.16 per member for State Fiscal Year 2011.

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

$2,824,161

Other Funds

$2,711,047

Agency Funds

$2,711,047

Intra-State Government Transfers

$113,114

Retirement Payments

$113,114

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5561

Amount from prior Appropriation Act (HB119)
Redirect funds from the System Administration program to the Deferred Compensation program to more accurately reflect projected expenditures. Reduce funding in computer charges related to projected business needs.
Amount appropriated in this Act

State Funds $0 $0
$0 $0

Total Funds $2,720,337
$113,114
($9,290) $2,824,161

24.2. Georgia Military Pension Fund

Purpose: To provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds

$1,281,784

State Funds

$1,281,784

State General Funds

$1,281,784

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

Reduce funding for the Georgia Military Pension Fund to the level required by the latest actuarial report.

($76,844)

($76,844)

Amount appropriated in this Act

$1,281,784

$1,281,784

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

$7,509,000

State Funds

$7,509,000

State General Funds

$7,509,000

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)

$5,828,802

$5,828,802

Increase funds to the level required by the latest actuarial report.

$1,980,000

$1,980,000

Reduce funding from the Public School Employees' Retirement System (PSERS) for program administration.

($299,802)

($299,802)

Amount appropriated in this Act

$7,509,000

$7,509,000

24.4. System Administration
Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

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Total Funds

$16,504,095

Intra-State Government Transfers

$16,504,095

Retirement Payments

$16,504,095

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 $16,626,115

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funding in contractual services.

$0

$0

$0

$5,024

$0

($13,930)

Redirect funds from the System Administration program to the Deferred Compensation program to more accurately reflect projected expenditures.

$0

($113,114)

Amount appropriated in this Act

$0

$16,504,095

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

$45,280,926 $9,456,537 $9,456,537 $7,293,932 $1,831,486 $5,462,446 $28,530,457 $28,530,457

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

$3,539,709

Federal Funds and Grants

$34,106

Federal Funds Not Specifically Identified

$34,106

Other Funds

$50,888

Agency Funds

$45,140

Other Funds - Not Specifically Identified

$5,748

State Funds

$3,454,715

State General Funds

$3,454,715

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5563

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)
Replace state funds with federal and other funds for two positions.
Eliminate two filled positions.
Reduce funds for regular operating expenses.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

State Funds $3,729,966
($14,674)
$4,357
$16,658
$0
($75,246) ($94,346) ($22,000) ($90,000) $3,454,715

Total Funds $3,738,838
($14,674)
$4,357
$17,534
$0
$0 ($94,346) ($22,000) ($90,000) $3,539,709

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

$10,577,604

Federal Funds and Grants

$6,863,178

Federal Funds Not Specifically Identified

$6,863,178

Other Funds

$1,188,732

Agency Funds

$649,145

Other Funds - Not Specifically Identified

$539,587

State Funds

$2,525,694

State General Funds

$2,525,694

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$3,488,078

$10,751,547

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($1,266) $9,128

($1,266) $9,128

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Eliminate two filled forester positions and one vacant administrative assistant position. Reduce operating expenses. Reduce funds for regular operating expenses. Replace state funds with federal funds for two forester positions. Replace state funds with other funds for 11 forester positions. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

($173,135)
($68,000) ($8,670)
($89,170) ($481,145) ($150,126) $2,525,694

($173,135)
$0 ($8,670)
$0 $0 $0 $10,577,604

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

$29,647,533

Federal Funds and Grants

$2,476,173

Federal Funds Not Specifically Identified

$2,476,173

Other Funds

$4,621,312

Agency Funds

$1,137,201

Other Funds - Not Specifically Identified

$3,484,111

State Funds

$22,550,048

State General Funds

$22,550,048

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $25,638,252

Total Funds $31,086,536

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with federal funds for ten fire control and four rural fire department positions.
Reduce funds for equipment ($418,705) and motor vehicle ($120,000) purchases.
Reduce funds for regular operating expenses.

($15,934) $56,220
($512,000) ($271,000) ($227,050)

($15,934) $56,220 $0
($271,000) ($227,050)

Eliminate 12 filled fire control positions. (CC:Reduce funds and maintain position count.)

($421,030)

($421,030)

Eliminate two vacant forester positions. (CC:Reduce funds and maintain position count.)

($89,170)

($89,170)

THURSDAY, APRIL 29, 2010

5565

Increase the Forested Acre County Assessment from $.04 to $.10 per acre, as included in HB 1055, to defray the cost of fire protection services.
Reduce funds to reflect revised revenue estimate. (CC:Reduce motor vehicle and equipment funding and replace with bonds.)
Amount appropriated in this Act

($1,137,201) ($471,039)
$22,550,048

$0 ($471,039) $29,647,533

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
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Federal Funds Indirect

$90,472,359 $43,517,033 $43,517,033 $2,481,284 $2,481,284 $40,659,692 $40,659,692 $3,814,350 $3,814,350

There is hereby appropriated to the Office of the Governor the sum of $400,000 of the moneys collected in accordance with O.C.G.A. Title 10, Chapter 1, Article 28. The sum of money is appropriated for use by the Office of Consumer Affairs for all the purposes for which such moneys may be appropriated pursuant to Article 28.
The Mansion allowance shall be $40,000.

26.1. Governor's Emergency Fund

Purpose: The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government.

Total Funds

$3,469,576

State Funds

$3,469,576

State General Funds

$3,469,576

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JOURNAL OF THE HOUSE

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

$11,573,583

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

$6,276,732

State General Funds

$6,276,732

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$6,687,191

$11,984,042

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce operating expenditures.

$291,203 ($521,375)

$291,203 ($521,375)

Provide funding for the gubernatorial transition.

$50,000

$50,000

Reduce funds to reflect the revised revenue estimate.

($230,287)

($230,287)

Amount appropriated in this Act

$6,276,732

$11,573,583

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

$8,022,745

State Funds

$8,022,745

State General Funds

$8,022,745

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenditures.

$367,778 $7,996 $25,323
($644,683)

$367,778 $7,996 $25,323
($644,683)

Amount appropriated in this Act

$8,022,745

$8,022,745

THURSDAY, APRIL 29, 2010

5567

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

$929,722

Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

State Funds

$522,722

State General Funds

$522,722

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $598,470

Total Funds $1,005,470

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$3,167

$3,167

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Defer filling one vacant position in the Equal Employment subprogram.
Reduce funds to reflect the revised revenue estimate.

($334) ($58,738) ($19,843)

($334) ($58,738) ($19,843)

Amount appropriated in this Act

$522,722

$929,722

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

$1,450,135

Federal Funds and Grants

$659,400

Federal Funds Not Specifically Identified

$659,400

State Funds

$790,735

State General Funds

$790,735

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 funds for grants and benefits to non-profit arts and cultural organizations.

($1,704,392)

($1,704,392)

Reduce funding.

($100,000)

($100,000)

Amount appropriated in this Act

$790,735

$1,450,135

5568

JOURNAL OF THE HOUSE

Provided, however, from the appropriation of State General Funds designated above for program 26.5. Georgia Council for the Arts, a minimum of $550,000 shall be expended for grants to non-profit arts and cultural organizations. Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.5. Georgia Council for the Arts above may be used for this specific purpose as well.

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, and 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

$32,900,058

Federal Funds and Grants

$29,703,182

Federal Funds Not Specifically Identified

$29,703,182

Other Funds

$807,856

Other Funds - Not Specifically Identified

$807,856

State Funds

$2,389,020

State General Funds

$2,389,020

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Defer filling one vacant position in the Communications, Operations, Support, and Field Programs subprogram.
Reduce funds for EMNet Remote Node monthly services.

($6,514) ($50,337) ($47,418)

($6,514) ($50,337) ($47,418)

Reduce funds for training support.

($50,953)

($50,953)

Reduce operating expenses.

($39,598)

($39,598)

Reduce the Civil Air Patrol contract.

($12,800)

($12,800)

Reduce funds to reflect the revised revenue estimate.

($77,895)

($77,895)

Reflect the merger of the Office of Homeland Security into the Georgia Emergency Management Agency by transferring a position and operating expenses.

$307,557

$307,557

Amount appropriated in this Act

$2,389,020

$32,900,058

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

$14,865,792

THURSDAY, APRIL 29, 2010

5569

Federal Funds and Grants

$7,049,112

Federal Funds Not Specifically Identified

$7,049,112

State Funds

$4,002,330

State General Funds

$4,002,330

Intra-State Government Transfers

$3,814,350

Federal Funds Indirect

$3,814,350

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Transfer operating funds and four positions from the Georgia Commission on Family Violence to the Governor's Office for Children and Families. (CC:NO;Transfer the Georgia Commission on Family Violence to Judicial Council.)

$9,860 $0

$9,860 $0

Increase Temporary Assistance for Needy Families funds.

$0

$2,572,670

Reduce funds available for implementing new Community Strategy Grants.
Replace state funds for grants and benefits.

($599,355) ($2,822,670)

($599,355) ($2,822,670)

Reduce operating expenses. (Recommended adjustment by the Governor as part of his revenue estimate reduction.) (CC:Reduce funds for administrative expenses only.)

($170,183)

($170,183)

Replace funds for personal services to reflect projected expenditures.

($92,875)

$0

Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)

$0

$0

Amount appropriated in this Act

$4,002,330

$14,865,792

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

$8,237,838

Other Funds

$1,572,903

Other Funds - Not Specifically Identified

$1,572,903

State Funds

$6,664,935

State General Funds

$6,664,935

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,499,078

Total Funds $9,071,981

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$156,360

$156,360

5570

JOURNAL OF THE HOUSE

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Defer filling seven vacant positions in the Consumer Protection subprogram and six vacant positions in the Customer Service subprogram.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($1,913) ($736,024)
($252,566) $6,664,935

($1,913) ($736,024)
($252,566) $8,237,838

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

$0

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 operating expenses.

($44,622)

($44,622)

Reduce duplication of services by merging the Office of Homeland Security into the Georgia Emergency Management Agency (GEMA) and transferring all activities, responsibilities and assets to GEMA. (CC:Reduce funds for the Office of Homeland Security ($94,040) and transfer remaining funds ($307,557) and activities, responsibilities and assets to GEMA.)

($401,597)

($401,597)

Amount appropriated in this Act

$0

$0

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

$908,246

State Funds

$908,246

State General Funds

$908,246

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,095,421

$1,095,421

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce operating expenses to include funding for a communications officer.
Reduce funds to reflect the revised revenue estimate.

($1,061) ($150,000) ($36,114)

($1,061) ($150,000) ($36,114)

THURSDAY, APRIL 29, 2010

5571

Amount appropriated in this Act

$908,246

$908,246

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

$969,284

Federal Funds and Grants

$89,558

Federal Funds Not Specifically Identified

$89,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$879,701

State General Funds

$879,701

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,572

$1,572

Eliminate one filled position.

($39,905)

($39,905)

Replace funds for personal services to reflect projected expenditures.

($25,000)

($25,000)

Reduce operating expenses.

($25,483)

($25,483)

Consolidate the two offices into one office. (Recommended adjustment by the Governor as part of his revised revenue estimate).

($20,650)

($20,650)

Amount appropriated in this Act

$879,701

$969,284

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

$623,898

State Funds

$623,898

State General Funds

$623,898

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $720,845

Total Funds $720,845

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce funds for personal services ($20,000) and operating expenses ($36,612).

$7,862 ($109) ($56,612)

$7,862 ($109) ($56,612)

5572

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.)
Amount appropriated in this Act

($48,088) $623,898

($48,088) $623,898

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

$6,521,482

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$6,109,052

State General Funds

$6,109,052

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$31,151

$31,151

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce funds for personal services ($253,479), regular operating expenses ($65,370), computer charges ($32,400), telecommunications ($3,000), and contract funds ($162,850). (CC:Reduce funds.)
Provide funding to add one investigator position for testing irregularity cases.
Reduce funds to reflect revised revenue estimate.

$8,001 ($517,099)
$79,000 ($65,737)

$8,001 ($517,099)
$79,000 ($65,737)

Amount appropriated in this Act

$6,109,052

$6,521,482

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) Low-Income Home Energy Assistance (CFDA 93.568) Medical Assistance Program (CFDA 93.778) Preventive Health and Health Services Block Grant (CFDA 93.991)

$1,872,137,903 $1,113,313,409
$93,380,753 $102,183,921 $17,312,159 $91,637,400 $24,627,737 $76,048,655
$200,470

THURSDAY, APRIL 29, 2010

5573

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) Temporary Assistance for Needy Families Block Grant (CFDA 93.558) 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

$54,771,487 $25,201,084 $25,800,000
$342,224,957
$259,924,786 $231,323,583 $36,000,000
$7,177,918
$165,535,960
$22,609,705 $25,380,230 $5,411,500 $19,968,730 $482,139,875 $475,948,069 $6,191,806 $19,980,806 $13,490,604 $6,490,202

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standards of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standards of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standards of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standards of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standards of need is $713, and the Maximum monthly amount is $470. For an assistance group of nine, the standards of need is $751, and the maximum monthly amount is $496.

5574

JOURNAL OF THE HOUSE

For an assistance group of ten, the standards of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standards of need is $860, and the maximum monthly amount is $568. Provided, the Department of Human Services is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

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

$87,078,962

Federal Funds and Grants

$52,642,369

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

$40,431,304

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

$31,251,149

State General Funds

$31,251,149

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$2,472

$2,472

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce contract funds.

$1,588 ($568,177)

$1,588 ($568,177)

Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.
Reduce funds to reflect the revised revenue estimate.

($164,615) ($1,337,111)

$0 ($1,337,111)

Amount appropriated in this Act

$31,251,149

$87,078,962

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

THURSDAY, APRIL 29, 2010

5575

Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$14,000,000 $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

$3,934,854

Federal Funds and Grants

$3,521,654

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)

$1,368,094

Federal Funds Not Specifically Identified

$1,464,114

Other Funds

$70,000

Agency Funds

$70,000

State Funds

$343,200

State General Funds

$343,200

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Transfer one position from the Office of Investigative Services to Residential Child Care.
Reduce funds for personal services to reflect projected expenditures.

$1,987 $11,761 $51,000 ($32,235)

$1,987 $11,761 $51,000 ($32,235)

Eliminate one vacant position.

($49,877)

($49,877)

Reduce travel funds.

($11,000)

($11,000)

Transfer state funds from the Departmental Administration program to the Child Care Licensing program to accurately reflect expenditures for Workers' Compensation.

$84,150

$84,150

Replace state funds with TANF funds to reflect the revised revenue estimate.
Transfer funds from the Federal Eligibility Benefit Services program to reflect projected expenditures.
Reduce funds to reflect the revised revenue estimate.

($782,672) $0
($87,489)

$0 $585,422 ($87,489)

Amount appropriated in this Act

$343,200

$3,934,854

5576

JOURNAL OF THE HOUSE

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

$251,086,251

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

$36,000,000

Child Care & Development Block Grant (CFDA 93.575)

$36,000,000

Other Funds

$2,500,000

Agency Funds

$2,500,000

State Funds

$54,262,031

State General Funds

$54,262,031

27.5. Child Support Services

Purpose: Encourage and enforce the parental responsibility of paying financial support.

Total Funds

$106,330,873

Federal Funds and Grants

$64,587,380

Social Services Block Grant (CFDA 93.667)

$120,000

Federal Funds Not Specifically Identified

$64,467,380

Federal Recovery Funds

$18,464,705

Federal Recovery Funds Not Specifically Identified

$18,464,705

Other Funds

$2,841,500

Agency Funds

$2,841,500

State Funds

$20,041,528

State General Funds

$20,041,528

Intra-State Government Transfers

$395,760

Other Intra-State Government Payments

$395,760

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $24,273,903

Total Funds $108,263,248

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

$817,404 $50,221

$817,404 $50,221

THURSDAY, APRIL 29, 2010

5577

Reduce state funds in personal services and replace with additional federal funds. Recognize funds from the American Recovery and Reinvestment Act of 2009 (Total Funds: $4,464,705). (CC:YES)
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($2,300,000) $0
($2,800,000) $20,041,528

$0 $0 ($2,800,000) $106,330,873

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

$272,859,793

Federal Funds and Grants

$158,615,347

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)

$39,430,465

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

$89,414,370

State General Funds

$89,414,370

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:

Amount from prior Appropriation Act (HB119)

State Funds $100,022,290

Total Funds $283,145,963

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$242

$242

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$135,125

$135,125

Increase utilization of state case workers to provide in-home case management.
Recognize savings from substance abuse screening program redesign.

($2,021,403) ($1,500,000)

($2,021,403) ($1,500,000)

Implement direct deposit for foster and adoptive parents.

($125,000)

($125,000)

Replace funding for staff at Douglas Senior Center with non-state funds.

($363,563)

($363,563)

5578

JOURNAL OF THE HOUSE

Reduce Independent Living Program (ILP) to the required state mandatory match. Reduce Promoting Safe and Stable Family state funds match to reflect match obtained from private providers.
Adjust estimated need for contracted appeals attorneys.
Eliminate funding for EMBRACE contract. (CC:Fund supportive services for foster care families using Title IV-E funds.) Reduce funds to reflect the revised revenue estimate. (CC:Offset reduction by utilizing existing TANF funds.)
Amount appropriated in this Act

($700,000) ($2,455,000)
($45,000) $173,250 ($3,706,571) $89,414,370

($700,000) ($2,455,000)
($45,000) $495,000 ($3,706,571) $272,859,793

27.7. Community Services

Purpose: Provide services and activities through local agencies to assist low-income Georgians with employment, education, nutrition, and housing services.

Total Funds

$17,185,183

Federal Funds and Grants

$17,185,183

Community Service Block Grant (CFDA 93.569)

$17,185,183

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$0

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.

$0

$17,185,183

Amount appropriated in this Act

$0

$17,185,183

27.8. Departmental Administration

Purpose: Administration and support for the Divisions and Operating Office in meeting the needs of the people of Georgia.

Total Funds

$87,122,603

Federal Funds and Grants

$45,505,216

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)

$10,183,572

Federal Funds Not Specifically Identified

$18,408,647

THURSDAY, APRIL 29, 2010

5579

State Funds

$37,134,465

State General Funds

$37,134,465

Intra-State Government Transfers

$4,482,922

Other Intra-State Government Payments

$4,482,922

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,386,658

$1,386,658

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$22,622

$22,622

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$776,260

$1,158,597

Reduce funds for personal services to reflect projected expenditures.

($493,350)

($493,350)

Transfer state funds to the Information Technology subprogram from

$0

$0

the Aging Administration subprogram to accurately reflect

expenditures for GAIT. (CC:YES)

Reduce federal funds to reflect projected expenditures.

$0

($7,278,263)

Transfer $7,265,270 in Social Services Block Grant (SSBG) federal funds to the Department of Behavioral Health and Developmental Disabilities to cover transportation costs for mental health and developmental disabilities consumers.

$0

($7,265,270)

Transfer one 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 ($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

$0

$0

(TANF) funds from the Governor's Office of Children and Families to

the Department of Human Services. (CC:YES;Reflect transfer in Child

Welfare Services.)

Increase federal funds to provide for 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 funds to reflect the revised revenue estimate. (CC:Reduce funds.)

($3,151,919)

($3,151,919)

Recognize payment to the Department of Audits and Accounts for

$0

$0

audits performed to meet the additional requirements of the American

Recovery and Reinvestment Act. (CC:YES)

Amount appropriated in this Act

$37,134,465

$87,122,603

27.9. Elder Abuse Investigations and Prevention Purpose: Prevent disabled adults and elder persons from abuse, exploitation and neglect

5580

JOURNAL OF THE HOUSE

and investigate situations where it may have occurred.

Total Funds

$16,934,924

Federal Funds and Grants

$3,573,433

Medical Assistance Program (CFDA 93.778)

$500,000

Social Services Block Grant (CFDA 93.667)

$2,279,539

Federal Funds Not Specifically Identified

$793,894

State Funds

$11,749,971

State General Funds

$11,749,971

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$14,031,363

$17,104,796

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds for personal services to reflect projected expenditures.

$29,334 $11,418 ($292,317)

$29,334 $11,418 ($292,317)

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 Workers' Compensation.
Replace state funds with anticipated Targeted Case Management revenue.

($1,611,520) $81,693
($500,000)

$0 $81,693
$0

Amount appropriated in this Act

$11,749,971

$16,934,924

27.10. Elder Community Living Services

Purpose: Provide Georgians who need nursing home level of care the option of remaining in their own communities.

Total Funds

$102,286,782

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

State Funds

$60,851,458

State General Funds

$55,777,581

Tobacco Settlement Funds

$5,073,877

THURSDAY, APRIL 29, 2010

5581

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)

$62,309,067

$115,155,510

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$7,551

$7,551

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$644

$644

Reduce funds for personal services to reflect projected expenditures.

($11,187)

($11,187)

Transfer state funds from the Departmental Administration program to the Elder Community Living Services program to accurately reflect expenditures for Workers' Compensation.

$4,607

$4,607

Reduce funds for the following contracts: Alzheimer respite services ($225,000); Center for the Visually Impaired ($177,859); Mobile Daycare ($36,228); Haralson County Senior Center ($15,000); Kinship Care ($478,275); Senior Legal Hotline ($259,669); Naturally Occurring Retirement Communities ($70,000); Navigator Training ($70,000); non-Medicaid Home and Community Based respite services ($1,376,718) and Senior Connections in DeKalb County ($20,000). (CC:Restore funds for Alzheimer's respite services, the Center for the Visually Impaired, and non-Medicaid Home and Community Based respite services.)

($949,172)

($949,172)

Reflect administrative savings in the Money Follows the Person demonstration project.

($116,935)

($116,935)

Eliminate one vacant position.

($35,500)

($35,500)

Recognize funds from the American Recovery and Reinvestment Act of 2009 for increased Federal Medical Assistance Percentages (FMAP) in the Department of Community Health's budget.

$0

($11,411,119)

Reflect changes in the Medicaid federal participation rate from 64.95% to 65.27%.

($357,617)

($357,617)

Amount appropriated in this Act

$60,851,458

$102,286,782

27.11. 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

$8,694,752

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

$1,783,484

State General Funds

$665,555

Tobacco Settlement Funds

$1,117,929

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5582

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Transfer state funds from the Departmental Administration program to the Elder Support Services program to accurately reflect expenditures for Workers' Compensation.
Reduce funds for personal services to reflect projected expenditures.
Eliminate one vacant position.
Discontinue funding for Naturally Occurring Retirement Communities.
Amount appropriated in this Act

State Funds $1,937,813
$1,936
$473
$3,378
($10,116) ($75,000) ($75,000) $1,783,484

Total Funds $8,849,081
$1,936
$473
$3,378
($10,116) ($75,000) ($75,000) $8,694,752

27.12. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $56,622,168

Total Funds $126,104,477

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.

($56,622,168)

($126,104,477)

Amount appropriated in this Act

$0

$0

27.13. 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

27.14. 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

THURSDAY, APRIL 29, 2010

5583

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) ($300,000)

($218,779) ($300,000)

Amount appropriated in this Act

$4,483,171

$12,331,929

27.15. Federal and Unobligated Balances

Purpose: Reflect balances of federal funds from prior years. No services are provided.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$12,147,452

Reduce funds to reflect the expected unobligated balance.

$0

($12,147,452)

Amount appropriated in this Act

$0

$0

27.16. Federal Eligibility Benefit Services

Purpose: Verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF).

Total Funds

$249,437,404

Federal Funds and Grants

$148,878,633

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)

$29,440,706

Federal Funds Not Specifically Identified

$59,636,678

5584

JOURNAL OF THE HOUSE

Federal Recovery Funds

$3,100,000

Federal Recovery Funds Not Specifically Identified

$3,100,000

Other Funds

$4,199,806

Other Funds - Not Specifically Identified

$4,199,806

State Funds

$93,258,965

State General Funds

$93,258,965

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

$2,813,937 $161,610

$2,813,937 $161,610

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.
Reduce funds for eligibility service workers. (CC:Reduce funds for regional managers and regional field program specialists.)
Reduce funds for training contracts.

$97,680,780
($3,162,258) ($850,000)

$224,918,513
($3,162,258) ($850,000)

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.

$0

$29,526,128

Reduce funds to reflect the revised revenue estimate. (CC:Prioritize the retention of case worker positions when implementing reduction.)

($3,385,104)

($3,385,104)

Transfer funds to the Child Care Licensing program to reflect projected expenditures.
Relocate Glynn, Cherokee, and Gwinnett County DFCS facilities to a new county owned facility. (CC:YES;Utilize existing county funds.)

$0

($585,422)

$0

$0

Amount appropriated in this Act

$93,258,965

$249,437,404

27.17. 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

$0

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

THURSDAY, APRIL 29, 2010

5585

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.
Amount appropriated in this Act

($37,193,255) $0

($92,205,454) $0

27.18. 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

$171,737,345

Foster Care Title IV-E (CFDA 93.658)

$41,185,044

Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$118,205,301

Federal Funds Not Specifically Identified

$12,347,000

Federal Recovery Funds

$4,037,474

Foster Care Title IV-E (CFDA 93.658)

$4,037,474

State Funds

$65,623,166

State General Funds

$65,623,166

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $65,834,813

Total Funds $241,397,985

Reflect changes in the Medicaid federal participation rate from 64.95% ($211,647)

$0

to 65.27%.

Amount appropriated in this Act

$65,623,166

$241,397,985

27.19. 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

27.20. 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

$54,325,681

Federal Funds and Grants

$54,225,681

TANF Block Grant - Unobligated Balance

$25,201,084

5586

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$29,024,597

State Funds

$100,000

State General Funds

$100,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$100,000

$56,749,000

Reduce funds to reflect actual revenues.

$0

($2,423,319)

Amount appropriated in this Act

$100,000

$54,325,681

27.21. 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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,865,357

Total Funds $53,319,893

Transfer funds from the Eligibility Determination ($56,622,168), Food Stamp Eligibility and Benefits ($37,193,255), and Support for Needy Families - Family Assistance ($3,865,357) programs in order to establish the new Federal Eligibility Benefit Services ($97,680,780) and Community Services programs.

($3,865,357)

($53,319,893)

Amount appropriated in this Act

$0

$0

27.22. 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

$189,335,224

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

Federal Recovery Funds

$165,535,960

Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$165,535,960

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:

THURSDAY, APRIL 29, 2010

5587

Amount from prior Appropriation Act (HB119)
Replace state funds for Supplemental Security Income (SSI) Advocacy Services with non-state funds.
Replace state funds for Work Employment Services with non-state funds.
Increase funds for a Wheels-to-Work program for short-term, nonrecurrent benefits for TANF eligible adults, with the 20% match provided through discounts from mechanics and service providers, as well as private donations.
Increase funds for summer activities fees for TANF eligible youth in coordination with the federal summer nutrition program distribution sites.
Increase funds for a one-time $100 payment to TANF eligible foster youth for back-to-school supplies and clothing with the 20% match provided through private partnerships.
Increase funds to food banks to cover 80% of the increased expenditures in Federal Fiscal Year 2009 and 2010 to TANF eligible families.
Increase funds to provide emergency short-term, non-recurrent benefits to Temporary Assistance for Needy Families (TANF) eligible individuals and families seeking assistance from all applicable family violence programs. Such benefits may be used to provide supportive services to victims of domestic violence including but not limited to housing, rental, and utility assistance, as well as a per diem for shelter residents and for non-residential services for other victims. The Department shall determine the per diem based upon the cost of providing such services at each family violence program.
Reflect funds to provide employment opportunities and short-term, non-recurrent benefits.
Increase funds to recognize one-time funds appropriated in HB 947, 2010 Session for CHRIS Kids to provide four months of housing at the Summit Trail site with the match requirement met with other shortterm, non-recurrent benefits provided by the organization.
Amount appropriated in this Act

State Funds $7,695,000 ($1,043,600) ($3,073,742)
$0
$0 $0 $0 $0
$0 $0
$3,577,658

Total Funds $27,916,606 ($1,043,600) ($3,073,742) $8,000,000
$4,000,000 $672,000
$2,000,000 $1,600,000
$149,099,000 $164,960
$189,335,224

The following appropriations are for agencies attached for administrative purposes.

27.23. 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

$186,578

State Funds

$186,578

State General Funds

$186,578

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5588

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119) Reduce funds for personal services to reflect projected expenditures. Reduce Georgia for a Lifetime (Project 2020) funding. Reduce funds to reflect revised revenue estimate. Amount appropriated in this Act

State Funds $208,220 ($10,507) ($4,264) ($6,871) $186,578

Total Funds $208,220 ($10,507) ($4,264) ($6,871) $186,578

27.24. Family Connection

Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$10,020,384

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

$8,078,681

State General Funds

$8,078,681

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)

$9,002,243

$11,042,205

Reduce funds for personal services to reflect projected expenditures.

($78,338)

($78,338)

Reduce funds from Family Connection collaborative and technical assistance contracts.

($1,627,896)

($1,726,155)

Provide Temporary Assistance for Needy Families funds for county collaborative contracts ($732,672) and technical assistance ($50,000). (CC:Swap state funds for TANF funds to allow counties to seek federal matching funds.)

$782,672

$782,672

Amount appropriated in this Act

$8,078,681

$10,020,384

27.25. Federal Fund Transfers to Other Agencies

Purpose: Reflect federal funds received by Department of Human Services to be transferred to other state agencies for eligible expenditures under federal law.

Total Funds

$113,923,103

Federal Funds and Grants

$113,923,103

Child Care & Development Block Grant (CFDA 93.575)

$36,454,857

Social Services Block Grant (CFDA 93.667)

$37,901,729

Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$39,566,517

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5589

Amount from prior Appropriation Act (HB119) Reflect federal funds transferred through Department of Human Services to other state agencies.
Amount appropriated in this Act

State Funds $0 $0
$0

Total Funds $0
$113,923,103
$113,923,103

27.26. Special Project - Child Welfare Services

Purpose: The purpose of this appropriation is to increase funds for Child Advocacy Centers.

Total Funds

$250,000

Federal Funds and Grants

$250,000

Temporary Assistance for Needy Families Block Grant (CFDA 93.558)

$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 $0

Total Funds $0

Increase funds for Child Advocacy Centers.

$0

$250,000

Amount appropriated in this Act

$0

$250,000

Section 28: Insurance, Office of the Commission of
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$16,805,039 $954,555 $954,555 $97,337 $81,806 $15,531
$15,753,147 $15,753,147

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

$1,801,277

Other Funds

$105

Other Funds - Not Specifically Identified

$105

State Funds

$1,801,172

State General Funds

$1,801,172

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5590

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)
Reduce personal services.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

State Funds $2,078,205
$11,437 $12,064
($62) $10,370 ($74,163)
($164,961) ($71,718) $1,801,172

Total Funds $2,078,205
$11,437 $12,064
($62) $10,475 ($74,163)
($164,961) ($71,718) $1,801,277

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

$695,684

State Funds

$695,684

State General Funds

$695,684

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$749,047

$749,047

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce personal services.

$2,892 $3,972 ($236) ($59,991)

$2,892 $3,972 ($236) ($59,991)

Amount appropriated in this Act

$695,684

$695,684

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.

THURSDAY, APRIL 29, 2010

5591

Total Funds

$5,418,647

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

$4,366,860

State General Funds

$4,366,860

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$39,388

$39,388

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,972

$3,972

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($473)

($473)

Reduce personal services.

($393,334)

($393,334)

Reduce funds for Fire Prevention month and continue other Fire Education activities.

($35,862)

($35,862)

Increase Fire Safety fees, as included in HB 1055, to defray the cost of

$0

$0

services. (CC:YES)

Reduce funds to reflect the revised revenue estimate.

($214,518)

($214,518)

Reduce funds for travel reimbursement.

($21,348)

($21,348)

Amount appropriated in this Act

$4,366,860

$5,418,647

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

$605,453

State Funds

$605,453

State General Funds

$605,453

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

$971 $3,971
($51)

$971 $3,971
($51)

5592

JOURNAL OF THE HOUSE

Reduce personal services. Amount appropriated in this Act

($52,628) $605,453

($52,628) $605,453

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

$4,979,664

State Funds

$4,979,664

State General Funds

$4,979,664

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $5,560,402

Total Funds $5,560,402

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$36,692

$36,692

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,972

$3,972

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce personal services.

($1,154) ($439,473)

($1,154) ($439,473)

Reduce funds to reflect the revised revenue estimate.

($180,775)

($180,775)

Amount appropriated in this Act

$4,979,664

$4,979,664

28.6. Special Fraud

Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

Total Funds

$3,304,314

State Funds

$3,304,314

State General Funds

$3,304,314

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.

$13,551

$13,551

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($847)

($847)

Amount appropriated in this Act

$3,304,314

$3,304,314

THURSDAY, APRIL 29, 2010

5593

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
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$117,144,687 $31,160,819 $31,160,819 $6,132,772 $6,132,772 $19,439,675
$499,700 $18,939,975 $60,411,421 $60,411,421

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

$10,948,948

Federal Funds and Grants

$100,668

Federal Funds Not Specifically Identified

$100,668

Other Funds

$156

Other Funds - Not Specifically Identified

$156

State Funds

$10,848,124

State General Funds

$10,848,124

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)

$10,919,277

$11,019,945

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$389,313 $9,603 $15,464

$389,313 $9,603 $15,620

Eliminate six vacant positions.

($445,533)

($445,533)

Reduce funds.

($40,000)

($40,000)

Amount appropriated in this Act

$10,848,124

$10,948,948

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

5594

JOURNAL OF THE HOUSE

Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program.

Total Funds

$10,218,895

Federal Funds and Grants

$503,325

Federal Funds Not Specifically Identified

$503,325

Other Funds

$2,490,304

Agency Funds

$499,700

Other Funds - Not Specifically Identified

$1,990,604

State Funds

$7,225,266

State General Funds

$7,225,266

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)

$8,152,907

$10,646,836

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Eliminate 12 vacant positions.

$124,291 $7,170
($559,402)

$124,291 $7,170
($559,402)

Replace funds with additional revenue raised through criminal

($499,700)

$0

background check fees.

Amount appropriated in this Act

$7,225,266

$10,218,895

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

$21,925,707

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

$18,598,125

State General Funds

$18,598,125

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5595

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium.
Eliminate 18 vacant positions.
Consolidate scientific services by closing the laboratories in Moultrie, Columbus, and Summerville. (CC:Increase funds for the Columbus and Moultrie laboratories.)
Eliminate ten additional vacant positions.
Amount appropriated in this Act

State Funds $19,155,465
$34,524
$16,846
($555,211) $425,751
($479,250) $18,598,125

Total Funds $22,483,047
$34,524
$16,846
($555,211) $425,751
($479,250) $21,925,707

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

$0

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$9,015

$9,015

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$783

$783

Reduce funds in personal services due to agent transfers.

($70,000)

($70,000)

Reduce funds to reflect the revised revenue estimate.

($200,000)

($200,000)

Transfer the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services program. (CC:YES)

($629,920)

($989,945)

Amount appropriated in this Act

$0

$0

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

$25,739,908

Federal Funds and Grants

$1,240,883

Federal Funds Not Specifically Identified

$1,240,883

5596

JOURNAL OF THE HOUSE

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

$21,193,678

State General Funds

$21,193,678

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $20,994,757

Total Funds $25,180,962

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

$45,988 $18,464

$45,988 $18,464

Reduce funds for nine vacant agent positions.

($366,716)

($366,716)

Reduce personal services expenditures to reflect the revised revenue estimate.
Transfer the Georgia Information Sharing and Analysis Center (GISAC) to the Regional Investigative Services program. (CC:YES)

($128,735) $629,920

($128,735) $989,945

Amount appropriated in this Act

$21,193,678

$25,739,908

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

$4,684,786

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

$1,084,685

State General Funds

$1,084,685

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,199,330

$4,799,431

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$13,092

$13,092

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,055

$1,055

Reduce funds for three vacant positions and operating expenses.

($92,812)

($92,812)

THURSDAY, APRIL 29, 2010

5597

Reduce contract funding and travel expenditures to reflect the revised revenue estimate.
Amount appropriated in this Act

($35,980) $1,084,685

($35,980) $4,684,786

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

$1,091,187

State Funds

$1,091,187

State General Funds

$1,091,187

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,186,367

Total Funds $1,186,367

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds for personal services due to agent transfers.

$3,777 $1,043 ($100,000)

$3,777 $1,043 ($100,000)

Amount appropriated in this Act

$1,091,187

$1,091,187

The following appropriations are for agencies attached for administrative purposes.

29.9. 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; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program.

Total Funds

$42,535,256

Federal Funds and Grants

$25,614,622

Federal Funds Not Specifically Identified

$25,614,622

Other Funds

$16,550,278

Other Funds - Not Specifically Identified

$16,550,278

State Funds

$370,356

State General Funds

$370,356

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5598

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Eliminate the Local Law Enforcement and Fire Safety grant program.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

State Funds $407,757 $77,274
$68
$1,265
($100,000) ($16,008) $370,356

Total Funds $42,572,379
$77,274
$68
$1,543
($100,000) ($16,008) $42,535,256

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

$310,501,877 $2,438,751 $2,438,751 $28,020,203 $28,020,203 $13,585,777 $25,060 $13,560,717
$266,457,146 $266,457,146

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

$27,683,734

Federal Funds and Grants

$367,044

Federal Funds Not Specifically Identified

$367,044

Federal Recovery Funds

$2,493,798

Federal Recovery Funds Not Specifically Identified

$2,493,798

Other Funds

$275,453

Agency Funds

$25,060

Other Funds - Not Specifically Identified

$250,393

State Funds

$24,547,439

State General Funds

$24,547,439

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5599

Amount from prior Appropriation Act (HB119)
Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority. Increase funds to reflect an adjustment in the Workers' Compensation premium. Increase funds to reflect an adjustment in the DOAS Unemployment Program. Streamline service delivery and eliminate 25 full-time positions and four part-time positions.
Reduce contract funds.
Streamline delivery of mental health services at secure facilities with existing staff. Recognize payment to the Department of Audits and Accounts for audits performed to meet the additional requirements of the American Recovery and Reinvestment Act. (CC:YES)
Amount appropriated in this Act

State Funds $26,339,136
($274,737) $69,645
$284,166 ($1,713,271)
($122,500) ($35,000)
$0
$24,547,439

Total Funds $29,446,242
($284,298) $69,645
$322,916 ($1,713,271)
($122,500) ($35,000)
$0
$27,683,734

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

$41,727,040

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

$32,997,820

State General Funds

$32,997,820

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $34,744,412

Total Funds $43,473,632

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,408

$3,408

Reduce funds to reflect the revised revenue estimate.

($1,750,000)

($1,750,000)

Amount appropriated in this Act

$32,997,820

$41,727,040

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

5600

JOURNAL OF THE HOUSE

transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management.

Total Funds

$60,710,519

Federal Funds and Grants

$942,614

Federal Funds Not Specifically Identified

$942,614

Federal Recovery Funds

$4,679,374

Federal Recovery Funds Not Specifically Identified

$4,679,374

Other Funds

$4,297,106

Other Funds - Not Specifically Identified

$4,297,106

State Funds

$50,791,425

State General Funds

$50,791,425

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$265,886

$265,886

Streamline service delivery and eliminate 15 positions.

($987,105)

($987,105)

Reduce contract funds.

($36,965)

($36,965)

Fund 24 existing Juvenile Probation and Parole Specialist positions

($942,614)

$0

with federal funds.

Replace loss of federal revenue with state funds. (CC:Increase funds to offset a loss of federal reimbursement.)
Reduce funds to reflect the revised revenue estimate.

$5,963,146 ($212,747)

$5,963,146 ($212,747)

Amount appropriated in this Act

$50,791,425

$60,710,519

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

$72,780,307

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

$61,639,075

State General Funds

$61,639,075

THURSDAY, APRIL 29, 2010

5601

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$417,242

$417,242

Streamline service delivery and eliminate four positions.

($28,236)

($28,236)

Reduce contract funds.

($192,034)

($192,034)

Close Bill Ireland YDC effective January 1, 2010.

($19,034,363)

($19,034,363)

Reduce the capacity at the Macon YDC by 40 beds.

($1,450,000)

($1,450,000)

Reduce funds to reflect the revised revenue estimate.

($302,177)

($302,177)

Reduce funds for a regional principal, an assistant principal, and 17 certified teaching positions and replace with 15 GED instructors.

($1,205,901)

($1,205,901)

Amount appropriated in this Act

$61,639,075

$72,780,307

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

$107,600,277

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

$96,481,387

State General Funds

$96,481,387

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $96,769,157

Total Funds $107,888,047

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$508,831

$508,831

Streamline delivery of mental health services at secure facilities with existing staff.

($87,880)

($87,880)

Streamline service delivery and eliminate four positions.

($282,285)

($282,285)

Reduce funds to reflect the revised revenue estimate.

($426,436)

($426,436)

Amount appropriated in this Act

$96,481,387

$107,600,277

5602

JOURNAL OF THE HOUSE

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

$416,595,497 $345,440,508 $345,440,508 $31,523,391
$729,513 $30,793,878 $39,486,525 $39,486,525
$145,073 $145,073

31.1. Business Enterprise Program

Purpose: Assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$2,279,971

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

State Funds

$313,886

State General Funds

$313,886

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses. (CC:Reduce funds to match HB947, 2010 Session.)

($1,702) $237
($68,488)

($1,702) $237
($68,488)

Amount appropriated in this Act

$313,886

$2,279,971

31.2. Commission on Women

Purpose: Advance the health, education, economic, social and legal status of women in Georgia.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$82,860

$82,860

Reduce operating expenses. (CC:Eliminate funding.)

($82,860)

($82,860)

THURSDAY, APRIL 29, 2010

5603

Amount appropriated in this Act

$0

$0

31.3. Department of Labor Administration

Purpose: Work with public and private partners in building a world-class workforce system that contributes to Georgia's economic prosperity.

Total Funds

$39,795,632

Federal Funds and Grants

$37,923,936

Federal Funds Not Specifically Identified

$37,923,936

State Funds

$1,731,423

State General Funds

$1,731,423

Intra-State Government Transfers

$140,273

Other Intra-State Government Payments

$140,273

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$2,376,849

$40,300,785

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

($10,895) $1,470 ($581) $12,198
($620,098)

($10,895) $1,470 ($581)
$152,471 ($620,098)

Reduce contract funds.

($27,520)

($27,520)

Recognize payment to the Department of Audits and Accounts for

$0

$0

audits performed to meet the additional requirements of the American

Recovery and Reinvestment Act. (CC:YES)

Utilize existing funds to transition the Department of Labor to the uniform accounting system as managed by the State Accounting Office. (CC:YES)

$0

$0

Amount appropriated in this Act

$1,731,423

$39,795,632

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

5604

JOURNAL OF THE HOUSE

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

$4,680,988

Federal Funds and Grants

$2,913,518

Federal Funds Not Specifically Identified

$2,913,518

State Funds

$1,767,470

State General Funds

$1,767,470

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,174,782

Total Funds $5,088,300

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce special purpose contracts, personal services, and regular operating expenses.
Reduce operating expenses. (CC:Reduce funds to match HB947, 2010 Session.)

($9,641) $1,345
($288,627) ($110,389)

($9,641) $1,345
($288,627) ($110,389)

Amount appropriated in this Act

$1,767,470

$4,680,988

31.6. Georgia Industries for the Blind

Purpose: Employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

Total Funds

$12,153,361

Other Funds

$11,828,888

Agency Funds

$729,513

Other Funds - Not Specifically Identified

$11,099,375

State Funds

$324,473

State General Funds

$324,473

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $376,444

Total Funds $12,205,332

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses.

($1,669) $233
($50,535)

($1,669) $233
($50,535)

Amount appropriated in this Act

$324,473

$12,153,361

THURSDAY, APRIL 29, 2010

5605

31.7. Labor Market Information

Purpose: Collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,249,873

Federal Funds and Grants

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

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 telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses.

($3,173) $443
($96,080)

($3,173) $443
($96,080)

Reduce operating cost. (CC:Utilize existing federal funds.)

($616,910)

($616,910)

Amount appropriated in this Act

$0

$2,249,873

31.8. Roosevelt Warm Springs Institute

Purpose: Empower individuals with disabilities to achieve personal independence.

Total Funds

$31,961,974

Federal Funds and Grants

$6,989,289

Federal Funds Not Specifically Identified

$6,989,289

Other Funds

$18,888,287

Other Funds - Not Specifically Identified

$18,888,287

State Funds

$6,079,598

State General Funds

$6,079,598

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($29,740)

($29,740)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,148

$4,148

Reduce operating expenses. (CC:Continue exploring options for selfsufficiency.)
Reduce contract funds.

($525,000) ($64,717)

($525,000) ($64,717)

Reduce funds for equipment purchases.

($13,450)

($13,450)

5606

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$6,079,598

$31,961,974

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

$3,005,208

Federal Funds and Grants

$168,552

Federal Funds Not Specifically Identified

$168,552

State Funds

$2,836,656

State General Funds

$2,836,656

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)

$3,087,669

$3,256,221

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds for equipment purchases.

($13,688) $1,910
($9,208)

($13,688) $1,910
($9,208)

Reduce contract funds.

($7,238)

($7,238)

Reduce operating expenses.

($222,789)

($222,789)

Amount appropriated in this Act

$2,836,656

$3,005,208

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

$54,761,438

Federal Funds and Grants

$49,173,186

Federal Funds Not Specifically Identified

$49,173,186

State Funds

$5,588,252

State General Funds

$5,588,252

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses.

($32,953) $4,598
($659,285)

($32,953) $4,598
($659,285)

THURSDAY, APRIL 29, 2010

5607

Eliminate 23 vacant positions. Amount appropriated in this Act

($1,157,224) $5,588,252

($1,157,224) $54,761,438

31.11. Vocational Rehabilitation Program

Purpose: Assist people with disabilities so that they may go to work.

Total Funds

$80,900,536

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

$14,427,167

State General Funds

$14,427,167

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$16,488,544

$82,961,913

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce contract funds.

($73,098) $10,198
($178,820)

($73,098) $10,198
($178,820)

Reduce operating expenses.

($377,309)

($377,309)

Reduce funds to reflect the revised revenue estimate.

($1,466,635)

($1,466,635)

Provide additional funds for the Georgia Talking Book Center in Augusta.

$24,287

$24,287

Amount appropriated in this Act

$14,427,167

$80,900,536

31.12. Workforce Development

Purpose: Assist employers and job seekers with job matching services and to promote economic growth and development.

Total Funds

$129,207,696

Federal Funds and Grants

$122,790,096

Federal Funds Not Specifically Identified

$122,790,096

State Funds

$6,417,600

State General Funds

$6,417,600

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,603,841

Total Funds $130,393,937

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($33,720)

($33,720)

5608

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the Workers' Compensation premium. Eliminate 26 vacant positions.
Amount appropriated in this Act

$4,703
($1,157,224) $6,417,600

$4,703
($1,157,224) $129,207,696

Section 32: Law, Department of
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$53,807,321 $36,826,240 $36,826,240 $16,981,081 $16,981,081

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

$53,807,321

Other Funds

$36,826,240

Other Funds - Not Specifically Identified

$36,826,240

State Funds

$16,981,081

State General Funds

$16,981,081

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)

$18,008,924

$54,835,164

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($13,920)

($13,920)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$5,575

$5,575

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

$7,106

$7,106

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$8,394

$8,394

Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($30,050)

($30,050)

Reduce personal services by holding three attorney positions and one paralegal position vacant.

($389,838)

($389,838)

Reduce contract funds for staffing services.

($20,856)

($20,856)

Reduce funds to reflect the revised revenue estimate.

($594,254)

($594,254)

Amount appropriated in this Act

$16,981,081

$53,807,321

THURSDAY, APRIL 29, 2010

5609

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

$254,085,760 $46,570,359 $46,570,359 $116,412,292 $59,686,329 $56,622,050
$103,913 $91,103,109 $91,103,109

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department.
The above appropriations reflect receipts from Jekyll Island Convention Center and Golf Course - $579,346 for 17 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 17 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

$6,097,115

Federal Funds and Grants

$3,563,559

Federal Funds Not Specifically Identified

$3,563,559

Other Funds

$245,359

Other Funds - Not Specifically Identified

$245,359

State Funds

$2,288,197

State General Funds

$2,288,197

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

5610

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the Workers' Compensation premium. Replace state funds with other funds for artificial reef construction and repair and maintenance of reef buoys in Georgia's coastal waters.
Redistribute equipment funds ($6,500) from Ecological Services to Marine Fisheries as well as equipment required on inventory funds ($1,800) from Marine Fisheries into Ecological Services. (CC:YES)
Replace state funds with federal funds for personal services.
Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for nutrient sampling.)
Amount appropriated in this Act

$4,268 ($76,702)
$0
($49,108) ($47,432) $2,288,197

$4,268 $0 $0
$0 ($47,432) $6,097,115

33.2. Departmental Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$11,929,260

Federal Funds and Grants

$174,383

Federal Funds Not Specifically Identified

$174,383

Other Funds

$39,065

Other Funds - Not Specifically Identified

$39,065

State Funds

$11,715,812

State General Funds

$11,715,812

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$760,882

$760,882

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce personal services and eliminate six vacant positions.

$11,895 ($3,832) $30,694 ($165,000)

$11,895 ($3,832) $69,759 ($165,000)

Reduce operating expenses.

($105,537)

($105,537)

Eliminate other funds for operations.

$0

($573,266)

Amount appropriated in this Act

$11,715,812

$11,929,260

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

THURSDAY, APRIL 29, 2010

5611

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

$109,817,819

Federal Funds and Grants

$23,617,548

Federal Funds Not Specifically Identified

$23,617,548

Other Funds

$61,032,329

Agency Funds

$59,686,329

Other Funds - Not Specifically Identified

$1,346,000

State Funds

$25,167,942

State General Funds

$25,167,942

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$29,633,853

$112,902,956

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$71,947

$71,947

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($3,833)

($3,833)

Eliminate contract funds for Clean Cities ($10,000), the Clean Air Campaign ($620,000) and environmental monitoring ($100,000).

($730,000)

($730,000)

Reduce personal services and eliminate 14 vacant positions.

($1,395,882)

($1,395,882)

Replace state funds with other funds for fuel testing ($131,000), total ($1,281,000)

$0

maximum daily load ($360,000), the state water plan ($540,000), and

the Metro North Georgia Water Planning District ($250,000).

Reduce regular operating expenses.

($125,000)

($125,000)

Replace state funds with federal funds for personal services and regular

($99,774)

$0

operating expenses.

Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.)

($902,369)

($902,369)

Amount appropriated in this Act

$25,167,942

$109,817,819

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

5612

JOURNAL OF THE HOUSE

within the Environmental Protection Division, and to reimburse local governments for landfill remediation.

Total Funds

$2,953,273

State Funds

$2,953,273

State General Funds

$2,953,273

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.

($243,826)

($243,826)

Amount appropriated in this Act

$2,953,273

$2,953,273

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

$2,523,652

Federal Funds and Grants

$1,020,787

Federal Funds Not Specifically Identified

$1,020,787

State Funds

$1,502,865

State General Funds

$1,502,865

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,834,713

$2,842,000

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,116

$4,116

Reduce personal services and eliminate six vacant positions.

($247,464)

($247,464)

Replace contract funds with other funds for surveying structures

($13,500)

$0

eligible for the National Register of Historic Places.

Reduce contract funds for Regional Development Centers' historic preservation planners. (CC:Reduce funds to reflect the revised revenue estimate.)

($75,000)

($75,000)

Amount appropriated in this Act

$1,502,865

$2,523,652

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

$426,530

THURSDAY, APRIL 29, 2010

5613

State Funds

$426,530

State General Funds

$426,530

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$425,768

$425,768

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$762

$762

Amount appropriated in this Act

$426,530

$426,530

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

$57,179,489

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

$14,355,221

State General Funds

$14,355,221

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$16,798,872

$59,623,140

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with bond funds for new construction of state park cabins.
Remove one-time funds to complete surveys at High Falls State Park.

$82,160 ($1,125,000)
($74,000)

$82,160 ($1,125,000)
($74,000)

Replace new capital outlay and repairs and maintenance funding with bonds.
Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for administration personnel at headquarters.)

($1,277,000) ($49,811)

($1,277,000) ($49,811)

Amount appropriated in this Act

$14,355,221

$57,179,489

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

5614

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified Prior Year Funds - Other

$96,580 $115,313
$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

$747,007

State Funds

$747,007

State General Funds

$747,007

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

Reduce operating expenses.

($660,131)

($660,131)

Amount appropriated in this Act

$747,007

$747,007

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

$60,814,513

Federal Funds and Grants

$16,393,473

Federal Funds Not Specifically Identified

$16,393,473

Other Funds

$13,859,987

Other Funds - Not Specifically Identified

$13,859,987

State Funds

$30,561,053

State General Funds

$30,561,053

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$32,414,857

$60,784,807

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses.

$75,758 ($147,282)

$75,758 ($147,282)

THURSDAY, APRIL 29, 2010

5615

Reduce personal services and eliminate 18 vacant and two filled nonPOST-certified positions.
Replace state funds with federal funds in personal services.
Replace state funds with other funds for the Bobwhite Quail Initiative (BQI). (CC:Reflect new revenue from specialty license plates due to passage of HB 1055, 2010 Session.)
Replace capital outlay funding with bonds.
Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds for one special permit position ($66,299), one headquarters administration personnel ($44,447), and annual Wildlife Management Area (WMA) leases by renegotiating leases and by eliminating some tracts of leased land ($102,847), and reduce funds by streamlining food services and implementing fees at WMAs ($25,000).)
Amount appropriated in this Act

($1,181,105) ($30,000) ($167,582) ($165,000) ($238,593)
$30,561,053

($1,181,105) $0
$1,685,928 ($165,000) ($238,593)
$60,814,513

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

$1,385,209

State Funds

$1,385,209

State General Funds

$1,385,209

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,563,704

Total Funds $1,563,704

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds to the Georgia Agricultural Exposition Authority.

$25,479 ($173,974)

$25,479 ($173,974)

Reduce funds to reflect the revised revenue estimate.

($30,000)

($30,000)

Amount appropriated in this Act

$1,385,209

$1,385,209

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $775,248

Total Funds $775,248

5616

JOURNAL OF THE HOUSE

Eliminate funds to the Agrirama Development Authority to reflect the transfer of operations to Abraham Baldwin Agricultural College.
Amount appropriated in this Act

($775,248) $0

($775,248) $0

33.13. Payments to Lake Allatoona Preservation Authority

Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority.

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 $75,000

Total Funds $75,000

Eliminate funds for the Lake Allatoona Preservation Authority.

($75,000)

($75,000)

Amount appropriated in this Act

$0

$0

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

$0

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

Eliminate funds for the Southwest Georgia Railroad Excursion Authority.

($211,595)

($211,595)

Amount appropriated in this Act

$0

$0

Section 34: Pardons and Paroles, State Board of
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds

$51,653,723 $806,050 $806,050
$50,847,673 $50,847,673

34.1. Board Administration

Purpose: The purpose of this appropriation is to provide administrative support for the agency.

Total Funds

$5,209,418

State Funds

$5,209,418

State General Funds

$5,209,418

THURSDAY, APRIL 29, 2010

5617

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)

$5,726,454

$5,726,454

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($110,387)

($110,387)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,971

$1,971

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

($733)

($733)

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$20,083

$20,083

Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($67,916)

($67,916)

Delay computer replacement. (CC:Reduce funds for computer replacement and training.)

($100,054)

($100,054)

Redirect GAIT funds from Parole Supervision to Administration to align budget and expenditures.

$40,000

$40,000

Reduce funds.

($300,000)

($300,000)

Amount appropriated in this Act

$5,209,418

$5,209,418

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

$6,848,401

State Funds

$6,848,401

State General Funds

$6,848,401

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $6,918,116

Total Funds $6,918,116

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($19,363)

($19,363)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,413

$4,413

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Eliminate funds for equipment purchases.

($856) ($13,909)

($856) ($13,909)

Delay hiring one vacant clerk position.

($40,000)

($40,000)

Amount appropriated in this Act

$6,848,401

$6,848,401

5618

JOURNAL OF THE HOUSE

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

$39,150,275

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

State Funds

$38,344,225

State General Funds

$38,344,225

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce contract funds for extradition of Georgia parole violators being supervised in other states.

($87,991) $27,721 ($689)
($81,299)

($87,991) $27,721 ($689)
($81,299)

Reduce operating expenditures for travel, telecommunications, and copiers.

($550,000)

($550,000)

Transfer GAIT funds from Parole Supervision to Administration to align budget and expenditures.
Reduce funding for parolee drug testing.

($40,000) ($45,000)

($40,000) ($45,000)

Close the Atlanta Day Reporting Center.

($82,643)

($82,643)

Reduce funding to reflect a delay in hiring additional Parole Officers. ($1,121,000)

($1,121,000)

Amount appropriated in this Act

$38,344,225

$39,150,275

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

$445,629

State Funds

$445,629

State General Funds

$445,629

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

THURSDAY, APRIL 29, 2010

5619

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Amount appropriated in this Act

($2,174) $257 ($64)
$445,629

($2,174) $257 ($64)
$445,629

Section 35: Personnel Administration, State
Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$10,320,799 $10,320,799 $10,320,799

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

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

$1,173,280

Intra-State Government Transfers

$1,173,280

Other Intra-State Government Payments

$1,173,280

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $0

Total Funds $1,173,280

Adjust funds for operating expenses. (CC:NO)

$0

$0

Amount appropriated in this Act

$0

$1,173,280

35.2. System Administration

Purpose: Provide administrative and technical support to the agency.

Total Funds

$3,169,033

Intra-State Government Transfers

$3,169,033

Other Intra-State Government Payments

$3,169,033

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 $2,620,875

5620

JOURNAL OF THE HOUSE

Increase payments to the State Treasury by $1,018,960 from $1,398,877 to $2,417,837. (CC:Increase payment to the State Treasury to $1,947,035.)
Adjust funds for operating expenses. (CC:NO)
Amount appropriated in this Act

$0

$548,158

$0

$0

$0

$3,169,033

35.3. Total Compensation and Rewards

Purpose: Ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$3,685,192

Intra-State Government Transfers

$3,685,192

Other Intra-State Government Payments

$3,685,192

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

Adjust funds for operating expenses.

$0

($298,986)

Amount appropriated in this Act

$0

$3,685,192

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

$2,293,294

Intra-State Government Transfers

$2,293,294

Other Intra-State Government Payments

$2,293,294

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 $3,542,466

Adjust funds for operating expenses.

$0

($1,249,172)

Amount appropriated in this Act

$0

$2,293,294

Section 36: Properties Commission, State
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$4,237,739 $1,037,739 $1,037,739 $3,200,000 $3,200,000

THURSDAY, APRIL 29, 2010

5621

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

$1,156,979

Other Funds

$956,979

Other Funds - Not Specifically Identified

$956,979

State Funds

$200,000

State General Funds

$200,000

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 $1,037,739

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.

$0

($80,760)

Increase funds to hire an outside asset management consultant to develop a comprehensive plan for lowering the state's real estate costs by consolidating space, disposing of surplus assets, eliminating unnecessary leases and undertaking other efficiency measures to be completed by January 1, 2011.
Remit a Payment to the Treasury to reflect initial projected savings in the second half of FY11 from initial implementation of the comprehensive real estate plan ($500,000). (CC:Reflect estimated savings from initial implementation of the comprehensive real estate plan ($500,000).)

$200,000 $0

$200,000 $0

Amount appropriated in this Act

$200,000

$1,156,979

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

$3,080,760

Other Funds

$80,760

Other Funds - Not Specifically Identified

$80,760

State Funds

$3,000,000

State General Funds

$3,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5622

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
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.
Increase payments to the State Treasury to $2,629,856.
Provide funds for the demolition of the Archives Building.
Amount appropriated in this Act

State Funds $0 $0
$0 $3,000,000 $3,000,000

Total Funds $0
($2,549,096)
$2,629,856 $3,000,000 $3,080,760

Section 37: Public Defender Standards Council, Georgia
Total Funds Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$39,642,255 $1,203,310 $1,203,310 $38,438,945 $38,438,945

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

$7,003,171

Other Funds

$1,203,310

Other Funds - Not Specifically Identified

$1,203,310

State Funds

$5,799,861

State General Funds

$5,799,861

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$6,042,063

$7,242,063

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$5,542

$5,542

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$9,293

$9,293

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$3,586

$6,896

Transfer funds to create the Office of the Conflict Defender program.

$0

$0

(CC:NO)

Reduce operating expenses ($65,615) and real estate rental funds ($125,000) due to relocation.

($190,615)

($190,615)

Reduce funds for personal services to reflect projected expenditures.

($70,008)

($70,008)

Amount appropriated in this Act

$5,799,861

$7,003,171

THURSDAY, APRIL 29, 2010

5623

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

$31,528,916

State Funds

$31,528,916

State General Funds

$31,528,916

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)

$32,137,164

$32,137,164

Reduce funds for personal services to reflect projected expenditures.

($512,672)

($512,672)

Reduce funds to the six opt-out circuits to match agency-wide reductions.

($41,255)

($41,255)

Reduce operating expenses in the regional conflict offices.

($54,321)

($54,321)

Transfer funds to create the Office of the Conflict Defender program.

$0

$0

(CC:NO)

Amount appropriated in this Act

$31,528,916

$31,528,916

37.3. Public Defenders - Special Project

Purpose: Provide funds for establishing present contracts with outside conflict counsel and other third party providers in non-capital cases first arising in fiscal years 2005 through 2009.

Total Funds

$1,110,168

State Funds

$1,110,168

State General Funds

$1,110,168

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,610,168

Total Funds $1,610,168

Reduce funding to reflect the revised revenue estimate.

($500,000)

($500,000)

Amount appropriated in this Act

$1,110,168

$1,110,168

37.4. Office of the Conflict Defender

Purpose: The purpose of this appropriation is to assure that adequate and effective legal representation is provided to indigent persons where a conflict of interest exists with the local public defender office or the Office of the Georgia Capital Defender.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5624

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119)
Transfer funds from the Public Defender Standards Council program and the Public Defenders program to create the Office of the Conflict Defender program. (CC:NO)
Amount appropriated in this Act

State Funds $0 $0
$0

Total Funds $0 $0
$0

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

$165,103,019 $37,366,177 $37,366,177 $8,872,757 $8,872,757 $10,998,391 $1,017,000 $9,981,391 $101,043,195 $101,043,195 $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.

Total Funds

$1,704,819

Federal Funds and Grants

$200,000

Federal Funds Not Specifically Identified

$200,000

State Funds

$1,504,819

State General Funds

$1,504,819

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,501,518

$1,701,518

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,301

$3,301

Amount appropriated in this Act

$1,504,819

$1,704,819

THURSDAY, APRIL 29, 2010

5625

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

$8,069,851

Federal Funds and Grants

$141,571

Federal Funds Not Specifically Identified

$141,571

Other Funds

$10,697

Other Funds - Not Specifically Identified

$10,697

State Funds

$7,917,583

State General Funds

$7,917,583

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)

$8,298,626

$8,442,092

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$95,771

$95,771

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$21,931

$21,931

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$20,538

$29,340

Reduce funding for computers and related equipment.

($300,000)

($300,000)

Reduce funds to reflect the revised revenue estimate.

($219,283)

($219,283)

Amount appropriated in this Act

$7,917,583

$8,069,851

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

$1,478,815

5626

JOURNAL OF THE HOUSE

State Funds

$1,478,815

State General Funds

$1,478,815

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,488,079

$1,488,079

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$6,704

$6,704

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,032

$4,032

Reduce personal services to reflect savings from attrition.

($20,000)

($20,000)

Amount appropriated in this Act

$1,478,815

$1,478,815

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 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

$86,212,941

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

$64,595,356

State General Funds

$64,595,356

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$786,458

$786,458

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$273,921

$273,921

Reduce operating funds to reflect lower fuel and maintenance expenses.
Reduce non-GTA telecommunications.

($400,000) ($100,000)

($400,000) ($100,000)

Reduce funding for office supplies.

($247,253)

($247,253)

Remove motor vehicle replacement funding.

($867,447)

($867,447)

THURSDAY, APRIL 29, 2010

5627

Reduce personal services to reflect reassignment of troopers to nonstate funded missions.
Amount appropriated in this Act

($1,070,000) $64,595,356

($1,070,000) $86,212,941

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

$20,820,907

Federal Funds and Grants

$6,699,743

Federal Funds Not Specifically Identified

$6,699,743

Other Funds

$6,510,227

Other Funds - Not Specifically Identified

$6,510,227

State Funds

$7,610,937

State General Funds

$7,610,937

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$35,026

$35,026

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$65,062

$65,062

Amount appropriated in this Act

$7,610,937

$20,820,907

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

$3,014,478

State Funds

$3,014,478

State General Funds

$3,014,478

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,072,048

Total Funds $3,072,048

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$7,981

$7,981

5628

JOURNAL OF THE HOUSE

Increase funds to reflect an adjustment in the Workers' Compensation premium. Delay hiring one vacant commander position.
Amount appropriated in this Act

$9,449
($75,000) $3,014,478

$9,449
($75,000) $3,014,478

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

$1,405,723

State Funds

$1,405,723

State General Funds

$1,405,723

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)

$2,417,495

$2,417,495

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$4,789

$4,789

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$6,377

$6,377

Realize savings in the Safety Education Unit by reassigning troopers to ($1,022,938) the Field Offices and Services program.

($1,022,938)

Amount appropriated in this Act

$1,405,723

$1,405,723

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

$663,478

Other Funds

$622

Other Funds - Not Specifically Identified

$622

State Funds

$662,856

State General Funds

$662,856

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)

$758,842

$758,842

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,097

$1,097

THURSDAY, APRIL 29, 2010

5629

Increase funds to reflect an adjustment in the DOAS Unemployment Program. Reduce all non-motor vehicle related operating expenses. Remove motor vehicle replacement funding. Reduce funding for computers and related equipment. Reduce per diem and fees used for firefighter certification evaluations. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

$1,450
($22,534) ($22,273)
($6,000) ($22,648) ($25,078) $662,856

$2,072
($22,534) ($22,273)
($6,000) ($22,648) ($25,078) $663,478

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

$18,596,563

Federal Funds and Grants

$17,086,129

Federal Funds Not Specifically Identified

$17,086,129

Other Funds

$1,077,424

Other Funds - Not Specifically Identified

$1,077,424

State Funds

$433,010

State General Funds

$433,010

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$454,022

$18,617,377

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$37,655 $197
($42,639)

$37,655 $395
($42,639)

Reduce funds to reflect the revised revenue estimate.

($16,225)

($16,225)

Amount appropriated in this Act

$433,010

$18,596,563

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

$2,016,450

Other Funds

$50,247

5630

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$50,247

State Funds

$1,966,203

State General Funds

$1,966,203

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$6,940 $575
($36,043)

$6,940 $822
($36,043)

Reduce personal services by delaying filling vacant positions.

($58,851)

($58,851)

Reduce contracts with the Georgia Sheriffs' Association ($33,974) and the Georgia Association of Chiefs of Police ($26,736).
Reduce funds to reflect the revised revenue estimate.

($60,710) ($72,389)

($60,710) ($72,389)

Amount appropriated in this Act

$1,966,203

$2,016,450

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

$14,296,495

Federal Funds and Grants

$1,746,306

Federal Funds Not Specifically Identified

$1,746,306

Other Funds

$2,096,774

Agency Funds

$1,017,000

Other Funds - Not Specifically Identified

$1,079,774

State Funds

$10,453,415

State General Funds

$10,453,415

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$10,990,243

$14,832,987

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$264,067 $22,562 $783

$264,067 $22,562 $1,119

THURSDAY, APRIL 29, 2010

5631

Reduce personal services by holding one registration clerk position vacant. Reduce contract funds with the Clayton and North Central Regional Police Academies ($54,390) and the Georgia Association of Fire Chiefs ($8,500).
Reduce per diem and fees for Fire Academy instructors.
Reduce operating expenses by relocating the Macon regional police academy to the Public Safety Training Center headquarters.
Eliminate contract funds with the Fulton regional police academy.
Transfer duties of weekend front gate security to the Department of Corrections.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($15,660) ($62,890)
($64,530) ($20,431) ($271,952) ($16,640) ($372,137) $10,453,415

($15,660) ($62,890)
($64,530) ($20,431) ($271,952) ($16,640) ($372,137) $14,296,495

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

$9,110,146 $600,000 $600,000 $70,160 $70,160
$8,439,986 $8,439,986

39.1. Commission Administration

Purpose: Assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,313,819

Other Funds

$70,160

Other Funds - Not Specifically Identified

$70,160

State Funds

$1,243,659

State General Funds

$1,243,659

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,269,316

Total Funds $1,339,316

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce operating expenses.

$2,241 $1,220 $2,037 ($31,155)

$2,241 $1,220 $2,197 ($31,155)

5632

JOURNAL OF THE HOUSE

Utilize existing funds to transition Public Service Commission to the uniform accounting system as managed by the State Accounting Office. (CC:YES)
Amount appropriated in this Act

$0 $1,243,659

$0 $1,313,819

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

$1,463,089

Federal Funds and Grants

$600,000

Federal Funds Not Specifically Identified

$600,000

State Funds

$863,089

State General Funds

$863,089

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,845

$1,845

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,220

$1,220

Amount appropriated in this Act

$863,089

$1,463,089

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

$6,333,238

State Funds

$6,333,238

State General Funds

$6,333,238

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,606,603

Total Funds $7,606,603

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.

$6,584 $5,695 ($2,402)

$6,584 $5,695 ($2,402)

THURSDAY, APRIL 29, 2010

5633

Eliminate three positions. (CC:Remove funding and maintain position count.) Reduce contract funds. Reduce operating expenses. Reduce funds. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

($580,909)
($191,852) ($85,481) ($140,000) ($285,000) $6,333,238

($580,909)
($191,852) ($85,481) ($140,000) ($285,000) $6,333,238

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

$5,265,467,464 $23,186,142 $23,186,142
$3,319,119,332 $1,749,265,876
$5,317,393 $1,564,536,063 $1,923,161,990 $1,912,057,897
$11,104,093

40.1. Advanced Technology Development Center/Economic Development Institute

Purpose: Advise Georgia manufacturers, entrepreneurs, and government officials on bestbusiness 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

$21,109,317

Other Funds

$12,975,000

Agency Funds

$12,975,000

State Funds

$8,134,317

State General Funds

$8,134,317

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $11,786,796

Total Funds $24,761,796

Reduce funding for personal services and operating expenses ($835,812) and eliminate funding for seed capital fund ($2,500,000).

($3,335,812)

($3,335,812)

Reduce funds to reflect the revised revenue estimate.

($316,667)

($316,667)

Amount appropriated in this Act

$8,134,317

$21,109,317

40.2. Agricultural Experiment Station Purpose: Improve production, processing, new product development, food safety, storage,

5634

JOURNAL OF THE HOUSE

and marketing to increase profitability and global competitiveness of Georgia's agribusiness.

Total Funds

$73,920,508

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$36,367,589

State General Funds

$36,367,589

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.

($3,736,816)

($3,736,816)

Reduce funds to reflect the revised revenue estimate.

($1,415,771)

($1,415,771)

Amount appropriated in this Act

$36,367,589

$73,920,508

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 4-H youth program for the state.

Total Funds

$55,724,403

Other Funds

$25,083,929

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$30,640,474

State General Funds

$30,640,474

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.

($3,148,348)

($3,148,348)

THURSDAY, APRIL 29, 2010

5635

Eliminate funding for the Vidalia Onion Research Project. (CC:Restore funds.) Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

$0
($1,192,818) $30,640,474

$0
($1,192,818) $55,724,403

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

$963,721

Other Funds

$400,000

Other Funds - Not Specifically Identified

$24,012

Research Funds

$375,988

State Funds

$563,721

State General Funds

$563,721

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$643,589

$1,043,589

Reduce funding for personal services and operating expenses.

($57,923)

($57,923)

Reduce funds to reflect the revised revenue estimate.

($21,945)

($21,945)

Amount appropriated in this Act

$563,721

$963,721

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

$6,693,471

Other Funds

$3,950,426

Other Funds - Not Specifically Identified

$950,426

Research Funds

$3,000,000

State Funds

$2,743,045

State General Funds

$2,743,045

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 and operating expenses.

($281,851)

($281,851)

Reduce funds to reflect the revised revenue estimate.

($106,785)

($106,785)

Amount appropriated in this Act

$2,743,045

$6,693,471

5636

JOURNAL OF THE HOUSE

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

$3,625,810

Other Funds

$3,625,810

Other Funds - Not Specifically Identified

$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

$155,029,215

Other Funds

$148,917,958

Research Funds

$148,917,958

State Funds

$6,111,257

State General Funds

$6,111,257

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$6,977,104

$155,895,062

Reduce funding for personal services and operating expenses.

($627,939)

($627,939)

Reduce funds to reflect the revised revenue estimate.

($237,908)

($237,908)

Amount appropriated in this Act

$6,111,257

$155,029,215

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

$1,267,266

Other Funds

$486,281

Agency Funds

$118,633

Research Funds

$367,648

State Funds

$780,985

State General Funds

$780,985

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $891,635

Total Funds $1,377,916

Reduce funding for personal services and operating expenses.

($80,247)

($80,247)

Reduce funds to reflect the revised revenue estimate.

($30,403)

($30,403)

THURSDAY, APRIL 29, 2010

5637

Amount appropriated in this Act

$780,985

$1,267,266

40.10. Marine Resources Extension Center

Purpose: Fund outreach, education, and research to enhance coastal environmental and economic sustainability.

Total Funds

$2,628,939

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,283,410

State General Funds

$1,283,410

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 and operating expenses.

($131,872)

($131,872)

Reduce funds to reflect the revised revenue estimate.

($49,962)

($49,962)

Amount appropriated in this Act

$1,283,410

$2,628,939

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

$31,709,393

State Funds

$31,709,393

State General Funds

$31,709,393

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$34,265,312

$34,265,312

Reduce funding for personal services and operating expenses.

($2,055,919)

($2,055,919)

Reduce funds to reflect the revised revenue estimate.

($500,000)

($500,000)

Amount appropriated in this Act

$31,709,393

$31,709,393

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

$39,573,819

Other Funds

$4,522,400

5638

JOURNAL OF THE HOUSE

Agency Funds

$4,522,400

State Funds

$35,051,419

State General Funds

$35,051,419

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $38,518,043

Total Funds $43,040,443

Reduce funding for personal services and operating expenses.

($3,466,624)

($3,466,624)

Amount appropriated in this Act

$35,051,419

$39,573,819

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

$16,854,211

State Funds

$16,854,211

State General Funds

$16,854,211

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$43,131,266

$43,131,266

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 and ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education. (CC:Transfer funds for Georgia Gwinnett College ($16,600,000), Liberal Arts Mission at Georgia College and State University ($1,088,802), and North Georgia Military/Leadership Mission ($528,070).)

($18,216,872)

($18,216,872)

Reduce funding for personal services and operating expenses.

($3,375,752)

($3,375,752)

Reduce funds to end the state's 5-year commitment to the Medical College of Georgia Mission Related Special Funding Initiative. (CC:Partially restore with state general funds.)
Reduce funds to reflect the revised revenue estimate. (CC:Reduce Salary Annualizer subprogram.)
Eliminate funds for the Leadership Institute. (CC:Reduce funds.)

($2,500,000)
($1,650,220) ($534,211)

($2,500,000)
($1,650,220) ($534,211)

Amount appropriated in this Act

$16,854,211

$16,854,211

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

$5,998,764

State Funds

$5,998,764

THURSDAY, APRIL 29, 2010

5639

State General Funds

$5,998,764

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce funding for personal services and operating expenses.

$20,477 $14,821 ($723,396)

$20,477 $14,821 ($723,396)

Reduce funds to reflect the revised revenue estimate.

($231,118)

($231,118)

Restore funding for SREB payments and provide for two additional optometry slots.
Utilize existing funds to transition Regents Central Office to the uniform accounting system as managed by the State Accounting Office. (CC:Exclude the Board of Regents and the University System of Georgia institutions but require bimonthly data transfers to the State Accounting Office.)

$140,000 $0

$140,000 $0

Amount appropriated in this Act

$5,998,764

$5,998,764

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

$16,740,062

State Funds

$16,740,062

State General Funds

$15,990,062

Tobacco Settlement Funds

$750,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $26,324,718

Total Funds $26,324,718

Reduce funding for personal services and operating expenses in the Advanced Communications program.
Eliminate funding for the Food Industry Partnership program.

($776,152) ($1,500,000)

($776,152) ($1,500,000)

Reduce program management ($645,850) and delay eminent scholar, research center, and core facility laboratory equipment purchases ($2,900,000) and distinguished investigators recruitment ($369,000) in the Georgia Research Alliance program.

($3,914,850)

($3,914,850)

5640

JOURNAL OF THE HOUSE

Eliminate funding for the Traditional Industries Program. Eliminate funding for the Vaccine Collaboration Grants initiative in the Georgia Research Alliance program. Eliminate funding for the Bio-Refinery program.
Amount appropriated in this Act

($1,593,654) ($1,600,000)
($200,000) $16,740,062

($1,593,654) ($1,600,000)
($200,000) $16,740,062

40.16. Skidaway Institute of Oceanography

Purpose: Fund research and educational programs regarding marine and ocean science and aquatic environments.

Total Funds

$5,447,212

Other Funds

$4,072,620

Agency Funds

$1,000,000

Research Funds

$3,072,620

State Funds

$1,374,592

State General Funds

$1,374,592

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,563,946

Total Funds $5,636,566

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,729

$4,729

Reduce funding for personal services and operating expenses.

($140,755)

($140,755)

Reduce funds to reflect the revised revenue estimate.

($53,328)

($53,328)

Amount appropriated in this Act

$1,374,592

$5,447,212

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

$4,783,469,826

Federal Recovery Funds

$23,186,142

Federal Recovery Funds Not Specifically Identified

$23,186,142

Other Funds

$3,061,614,899

Agency Funds

$1,692,645,515

Other Funds - Not Specifically Identified

$712,057

Research Funds

$1,368,257,327

State Funds

$1,698,668,785

State General Funds

$1,698,668,785

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5641

State Funds

Amount from prior Appropriation Act (HB119)

$1,794,043,592

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,585

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$2,112,289

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$999,335

Reduce personal services and operating expenses in the Resident

($237,149,488)

Instruction program by 12% and provide federal stabilization funds for

a total reduction of 9.4%.

Provide funding for enrollment growth ($107,847,582) and maintenance and operations ($5,329,045).

$113,176,627

Reduce funding for personal services and operating expenses in the Public Service Institutes.

($741,250)

Reduce funds for the UGA-Aquarium ($1,400,000) and CHARAArray ($75,000).

($1,475,000)

Provide funding to the Medical College of Georgia for faculty and operating to expand the medical school capacity.

$900,000

Recognize funds from the American Recovery and Reinvestment Act

$0

of 2009 (Federal Funds: $47,587,262). (CC:Recognize the transfer of

funds from the American Recovery and Reinvestment Act to the

Amended FY 2010 budget to cover a shortfall in revenue.)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%.

$8,121,461

Provide funding to ABAC for the maintenance and operation of the State Museum of Agriculture.

$462,762

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 and ensure Georgia receives proper credit for meeting ARRA Maintenance of Effort requirements for higher education.

$18,216,872

Utilize existing funds to transition all institutions to the uniform

$0

accounting system as managed by the State Accounting Office.

(CC:Exclude the Board of Regents and the University System of

Georgia institutions but require bimonthly data transfers to the State

Accounting Office.)

Amount appropriated in this Act

$1,698,668,785

Total Funds $4,947,564,330
$1,585 $2,112,289 $1,711,392 ($237,149,488)
$113,176,627 ($741,250)
($1,475,000) $900,000
($69,431,754)
$8,121,461 $462,762
$18,216,872
$0
$4,783,469,826

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

$2,763,992

State Funds

$2,763,992

State General Funds

$2,763,992

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5642

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119) Reduce funding for personal services and operating expenses. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

State Funds $3,155,597 ($284,004) ($107,601) $2,763,992

Total Funds $3,155,597 ($284,004) ($107,601) $2,763,992

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

$10,093,444

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$471,493

State General Funds

$471,493

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 and operating expenses.

($48,446)

($48,446)

Reduce funds to reflect the revised revenue estimate.

($18,355)

($18,355)

Amount appropriated in this Act

$471,493

$10,093,444

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

$2,424,555

State Funds

$2,424,555

State General Funds

$2,424,555

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$2,729,058

$2,729,058

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce personal services for the Prep School ($182,847) and the Junior College ($90,059).

$48,695 $11,374 ($272,906)

$48,695 $11,374 ($272,906)

THURSDAY, APRIL 29, 2010

5643

Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

($91,666) $2,424,555

($91,666) $2,424,555

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

$14,130,921

Other Funds

$5,088

Other Funds - Not Specifically Identified

$5,088

State Funds

$14,125,833

State General Funds

$14,125,833

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$9,341

$9,341

Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Eliminate staff vacancies and reduce operating expenses.

($390) $7,959 ($1,466,086)

($390) $13,047 ($1,466,086)

Eliminate three human resources positions.

($166,087)

($166,087)

Eliminate funds added for increased utility expenses associated with maintaining both digital and analog signals concurrently.
Reduce funds to reflect the revised revenue estimate.

($116,400) ($541,461)

($116,400) ($541,461)

Amount appropriated in this Act

$14,125,833

$14,130,921

40.22. Payments to the Georgia Cancer Coalition

Purpose: Provide funds to the Cancer Coalition for ongoing research and prevention.

Total Funds

$10,354,093

State Funds

$10,354,093

Tobacco Settlement Funds

$10,354,093

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $11,509,466

Total Funds $11,509,466

Reduce coalition operating expenses.

($194,623)

($194,623)

Reduce funds to delay new scholar recruitment until FY 2012.

($827,750)

($827,750)

Delay start-up of a new tumor tissue bank site.

($109,000)

($109,000)

Recognize Georgia CORE administrative savings.

($24,000)

($24,000)

5644

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$10,354,093

$10,354,093

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

$134,576,412 $397,422 $397,422
$24,240,674 $15,432,685 $8,807,989 $109,938,316 $109,788,316
$150,000

The Department is authorized, per OCGA40-2-31, to retain $3.88 per license plate manufactured and issued. The Department is not authorized to retain the $1.00 county allocation from the manufacturing fee even if the Department directly issues the license plate.

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

$12,649,354

State Funds

$12,649,354

State General Funds

$12,649,354

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$14,210,356

$14,210,356

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Realize operational efficiencies by reducing the amount of tax forms printed and mailed.

($31,580) $14,293
($1,543,715)

($31,580) $14,293
($1,543,715)

Amount appropriated in this Act

$12,649,354

$12,649,354

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

$7,833,540

THURSDAY, APRIL 29, 2010

5645

Other Funds

$394,210

Other Funds - Not Specifically Identified

$394,210

State Funds

$7,439,330

State General Funds

$7,439,330

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$8,365,181

$8,740,181

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($1,672)

($1,672)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$8,413

$8,413

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$172,887

$192,097

Eliminate two filled positions and funding for two vacant positions.

($339,944)

($339,944)

Reduce funds to recognize renegotiated rental lease.

($765,535)

($765,535)

Amount appropriated in this Act

$7,439,330

$7,833,540

41.3. Forestland Protection Grants

Purpose: The purpose of this appropriation is provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to O.C.G.A. 48-5A-2, the "Forestland Protection Act," created by HB 1211 and HB 1276 during the 2008 legislative session.

Total Funds

$10,584,551

State Funds

$10,584,551

State General Funds

$10,584,551

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$0

Provide funding for Forestland Protection Grants, as authorized by the State Constitution, to reimburse counties for losses in tax collections from property placed in qualifying conservation use.

$10,584,551

$10,584,551

Amount appropriated in this Act

$10,584,551

$10,584,551

41.4. 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

$3,877,684

Federal Funds and Grants

$187,422

5646

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$187,422

Other Funds

$529,176

Other Funds - Not Specifically Identified

$529,176

State Funds

$3,161,086

State General Funds

$3,011,086

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($1,863) $3,559

($1,863) $3,559

Replace state funds with other funds for the operation of the Tobacco

($529,176)

$0

Stamp program.

Amount appropriated in this Act

$3,161,086

$3,877,684

41.5. Litigations and Investigations

Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts.

Total Funds

$2,168,402

State Funds

$2,168,402

State General Funds

$2,168,402

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($211) $1,498

($211) $1,498

Add six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections.

$677,700

$677,700

Amount appropriated in this Act

$2,168,402

$2,168,402

Provided, however, from the appropriation of State General Funds designated above for program 41.5. Litigations and Investigations, the amount of $677,700 is specifically appropriated for this purpose: "Add 6 Special Investigation Agents and 4 Fraud Detection Group Financial Analysts to enhance revenue collections". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 41.5. Litigations and Investigations above may be used for this specific purpose as well.

THURSDAY, APRIL 29, 2010

5647

41.6. 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

$4,383,114

Other Funds

$2,246,702

Other Funds - Not Specifically Identified

$2,246,702

State Funds

$2,136,412

State General Funds

$2,136,412

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,640,216

Total Funds $4,750,351

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with other funds for the operation of the Unclaimed Property program.
Realize operational efficiencies through the consolidation of services from the South Atlanta Metro office to other regional facilities.

($6,237) $2,656
($136,567) ($363,656)

($6,237) $2,656 $0
($363,656)

Amount appropriated in this Act

$2,136,412

$4,383,114

41.7. 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

$1,000,000

State Funds

$1,000,000

State General Funds

$1,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$5,149,163

$5,149,163

Reduce funds.

($4,149,163)

($4,149,163)

Amount appropriated in this Act

$1,000,000

$1,000,000

41.8. 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 road-worthiness for new title issuance.

Total Funds

$13,651,270

Other Funds

$8,960,493

5648

JOURNAL OF THE HOUSE

Agency Funds

$6,822,592

Other Funds - Not Specifically Identified

$2,137,901

State Funds

$4,690,777

State General Funds

$4,690,777

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)

$10,045,216

$13,740,916

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($35,231)

($35,231)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$10,104

$10,104

Reduce personal services and regular operating expenses by privatizing salvage vehicle inspections.

($626,000)

($626,000)

Replace state funds with Tag Data Receipts for telecommunications

($1,337,901)

$0

expenses. (CC:Reduce funds for telecommunications and for the

production of bulk motor vehicle records by charging a fee to cover

costs.)

Reduce funds for license plate production by authorizing the

($3,926,892)

$0

Department to retain $3.88 per plate for production costs. The

Department is authorized to begin the production of digital flat plates

effective July 15, 2010. (CC:Reduce funds for license plate production

by authorizing the Department to retain $3.88 per plate for production

costs.)

Reduce funds for two management positions.

($124,713)

($124,713)

The Department is authorized to use its discretion on whether to use internal funds for county tag printers in FY11. (CC:Increase funds to fulfill the 3-year contractual obligation for county tag printers.)

$686,194

$686,194

Amount appropriated in this Act

$4,690,777

$13,651,270

41.9. 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

$11,838,818

State Funds

$11,838,818

State General Funds

$11,838,818

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

($18,753) $13,132

($18,753) $13,132

THURSDAY, APRIL 29, 2010

5649

Reduce funds for maintenance contracts on scanning and processing equipment.
Reduce funds to reflect estimated savings associated with reduced electronic filing thresholds.
Reduce funds to reflect temporary labor savings consistent with proposed bond recommendation for ten additional OPEX machines.
Amount appropriated in this Act

($295,000) ($500,000) ($416,640) $11,838,818

($295,000) ($500,000) ($416,640) $11,838,818

41.10. Tax Compliance

Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

Total Funds

$33,571,178

Federal Funds and Grants

$210,000

Federal Funds Not Specifically Identified

$210,000

Other Funds

$12,110,093

Agency Funds

$8,610,093

Other Funds - Not Specifically Identified

$3,500,000

State Funds

$21,251,085

State General Funds

$21,251,085

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $28,946,134

Total Funds $37,281,134

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Eliminate one-time funds associated with the Data Warehouse project.

($36,070) $29,114
($3,703,000)

($36,070) $29,114
($3,703,000)

Maximize the use of Cost of Collection fees by funding eight revenue

($485,093)

$0

agent positions.

Reduce state funds to reflect a $25 increase in administrative FiFa fee ($3,500,000)

$0

as proposed by the Department in response to the revised revenue

estimate.

Amount appropriated in this Act

$21,251,085

$33,571,178

41.11. 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

$1,399,864

State Funds

$1,399,864

State General Funds

$1,399,864

5650

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 $1,398,668

Total Funds $1,398,668

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($211)

($211)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,407

$1,407

Amount appropriated in this Act

$1,399,864

$1,399,864

41.12. 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

$22,443,637

State Funds

$22,443,637

State General Funds

$22,443,637

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($80,302)

($80,302)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$24,387

$24,387

Realize cost savings by converting four information technology contractors to permanent positions.
Reduce contractual services by eliminating nine contractor positions.

($68,924) ($987,258)

($68,924) ($987,258)

Eliminate funds for software maintenance contracts.

($470,000)

($470,000)

Reduce funds.

($220,659)

($220,659)

Amount appropriated in this Act

$22,443,637

$22,443,637

41.13. Special Project - Tax Compliance Auditors

Purpose: The purpose of this appropriation is to annualize funding added in FY10 (HB947) for personnel and vehicles for tax compliance and to add funds for additional tax compliance officers and revenue agents.

Total Funds

$9,175,000

State Funds

$9,175,000

State General Funds

$9,175,000

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

THURSDAY, APRIL 29, 2010

5651

Provide funds to hire 95 tax compliance auditors and 40 revenue agents to work outstanding accounts receivable and to fund field work.
Amount appropriated in this Act

$9,175,000 $9,175,000

$9,175,000 $9,175,000

Section 42: Secretary of State
Total Funds Other Funds
Other Funds - Not Specifically Identified Records Center Storage Fee State Funds State General Funds

$33,356,073 $1,940,551 $1,504,780
$435,771 $31,415,522 $31,415,522

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

$5,176,259

Other Funds

$532,671

Other Funds - Not Specifically Identified

$96,900

Records Center Storage Fee

$435,771

State Funds

$4,643,588

State General Funds

$4,643,588

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $5,398,981

Total Funds $5,931,652

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce personal services.

$15,235 $2,472 ($515,261)

$15,235 $2,472 ($515,261)

Reduce regular operating expenses.

($60,500)

($60,500)

Reduce insurance costs based on contract renegotiations.

($32,733)

($32,733)

Reduce temporary staff.

($48,656)

($48,656)

Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds.)

($115,950)

($115,950)

Amount appropriated in this Act

$4,643,588

$5,176,259

5652

JOURNAL OF THE HOUSE

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

$2,006,366

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,266,854

State General Funds

$1,266,854

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,275,146

Total Funds $2,014,658

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$10,496

$10,496

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Replace state funds with funds collected from expedited filing fees. (CC:NO)
Reduce temporary staff.

$1,324 $0
($20,112)

$1,324 $0
($20,112)

Amount appropriated in this Act

$1,266,854

$2,006,366

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

$5,229,694

Other Funds

$340,133

Other Funds - Not Specifically Identified

$340,133

State Funds

$4,889,561

State General Funds

$4,889,561

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $4,695,722

Total Funds $5,035,855

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$142,491

$142,491

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,295

$1,295

Redistribute funding for one warehouse services worker from the Office Administration program.

$50,053

$50,053

THURSDAY, APRIL 29, 2010

5653

Amount appropriated in this Act

$4,889,561

$5,229,694

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

$6,136,530

Other Funds

$128,235

Other Funds - Not Specifically Identified

$128,235

State Funds

$6,008,295

State General Funds

$6,008,295

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$7,167,144

$7,294,722

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

$25,170 $2,425 ($4,528) $21,266 ($54,975)

$25,170 $2,425 ($4,528) $21,923 ($54,975)

Reduce personal services.

($574,860)

($574,860)

Reduce regular operating expenses.

($97,087)

($97,087)

Close the administrative portion of the warehouse in Hapeville.

($44,276)

($44,276)

Eliminate contractual staff.

($78,215)

($78,215)

Redistribute funding for one warehouse services worker to the Elections program.

($50,053)

($50,053)

Reduce temporary staff.

($10,000)

($10,000)

Reduce equipment funding.

($5,000)

($5,000)

Reduce funds to reflect the revised revenue estimate.

($288,716)

($288,716)

Amount appropriated in this Act

$6,008,295

$6,136,530

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

$7,143,419

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

5654

JOURNAL OF THE HOUSE

State Funds

$6,993,419

State General Funds

$6,993,419

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)

$7,584,347

$7,734,347

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$22,050

$22,050

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$8,265

$8,265

Hire one compliance and licensing technician position and one office administrative generalist position to manage increased workload due to larger number of pharmacy-related licenses.

$84,135

$84,135

Reduce personal services.

($468,592)

($468,592)

Reduce funding for board member per diem based on reduced travel costs due to use of teleconferencing.

($100,000)

($100,000)

Reduce regular operating expenses.

($85,000)

($85,000)

Reduce funds to reflect the revised revenue estimate.

($51,786)

($51,786)

Amount appropriated in this Act

$6,993,419

$7,143,419

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

$1,098,116

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$1,048,116

State General Funds

$1,048,116

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,609,169

$1,659,169

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Hold three positions vacant and eliminate one temporary position.

$3,509 $1,295 ($209,693)

$3,509 $1,295 ($209,693)

Reduce temporary staff.

($33,500)

($33,500)

Reduce funds to reflect the revised revenue estimate.

($322,664)

($322,664)

Amount appropriated in this Act

$1,048,116

$1,098,116

THURSDAY, APRIL 29, 2010

5655

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

$261,500

State Funds

$261,500

State General Funds

$261,500

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 state funding.

($61,501)

($61,501)

Amount appropriated in this Act

$261,500

$261,500

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

$2,097,674

State Funds

$2,097,674

State General Funds

$2,097,674

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,362,433

$1,362,433

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce personal services.

$29,156 ($52,816)

$29,156 ($52,816)

Provide comparable compensation with licensed state employee pharmacists to increase recruitment and retention.

$321,299

$321,299

Provide five new special agents and related operating expenses to satisfy workload increases. (CC:Provide three new special agents and operating expenses.)

$437,602

$437,602

Amount appropriated in this Act

$2,097,674

$2,097,674

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.

5656

JOURNAL OF THE HOUSE

Total Funds

$3,075,394

State Funds

$3,075,394

State General Funds

$3,075,394

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,220,491

Total Funds $3,220,491

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Reduce personal services by maintaining one vacant position and reducing the use of hourly employees.
Reduce non-GTA telecommunications.

$65,844 ($68,127)
($7,000)

$65,844 ($68,127)
($7,000)

Reduce contractual services in recognition of ability to adjust fines based on investigation costs.

($108,814)

($108,814)

Reduce regular operating expenses.

($27,000)

($27,000)

Amount appropriated in this Act

$3,075,394

$3,075,394

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

$1,131,121

State Funds

$1,131,121

State General Funds

$1,131,121

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,234,591

Total Funds $1,234,591

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce personal services to reflect projected expenditures.

$36,420 ($310)
($86,647)

$36,420 ($310)
($86,647)

Reduce regular operating expenses by restricting supply purchases and eliminating travel.

($7,000)

($7,000)

Reduce non-GTA telecommunications.

($4,000)

($4,000)

Reduce funds to reflect the revised revenue estimate.

($41,933)

($41,933)

Amount appropriated in this Act

$1,131,121

$1,131,121

Section 43: Soil and Water Conservation Commission Total Funds

$7,229,701

THURSDAY, APRIL 29, 2010

5657

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

$1,602,500 $1,602,500 $2,127,737 $2,127,204
$533 $2,774,843 $2,774,843
$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

$711,203

Other Funds

$533

Other Funds - Not Specifically Identified

$533

State Funds

$710,670

State General Funds

$710,670

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $732,169

Total Funds $732,169

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds for personal services to reflect projected expenditures.

$3,887 $1,275 $1,440 ($8,430)

$3,887 $1,275 $1,973 ($8,430)

Reduce funds for administrative personnel.

($19,671)

($19,671)

Amount appropriated in this Act

$710,670

$711,203

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

$3,460,949

Federal Funds and Grants

$1,350,000

Federal Funds Not Specifically Identified

$1,350,000

5658

JOURNAL OF THE HOUSE

Other Funds

$1,852,204

Agency Funds

$1,852,204

State Funds

$258,745

State General Funds

$258,745

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$315,727

$3,517,931

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$1,644

$1,644

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$954

$954

Reduce funds for personal services and eliminate one vacant position. (CC:Remove funds and maintain position count.)

($53,524)

($53,524)

Reduce funds for regular operating expenses.

($3,900)

($3,900)

Reduce District Supervisor per diem.

($2,156)

($2,156)

Amount appropriated in this Act

$258,745

$3,460,949

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 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

$2,716,304

Federal Funds and Grants

$252,500

Federal Funds Not Specifically Identified

$252,500

Other Funds

$275,000

Agency Funds

$275,000

State Funds

$1,464,183

State General Funds

$1,464,183

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$1,579,970

$2,832,091

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.

$3,604 $4,090

$3,604 $4,090

THURSDAY, APRIL 29, 2010

5659

Reduce funds for personal services and eliminate one vacant position. (CC:Remove funds and maintain position count.) Reduce funds for regular operating expenses. Reduce District Supervisor per diem. Reduce funds for administrative personnel.
Amount appropriated in this Act

($62,068)
($15,600) ($17,844) ($27,969) $1,464,183

($62,068)
($15,600) ($17,844) ($27,969) $2,716,304

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

$152,397

State Funds

$152,397

State General Funds

$152,397

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $168,789

Total Funds $168,789

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce watershed maintenance contracts.

$63 $45 ($16,500)

$63 $45 ($16,500)

Amount appropriated in this Act

$152,397

$152,397

43.5. Water Resources and Land Use Planning

Purpose: Provide funds for planning and research on water management, erosion and sedimentation control.

Total Funds

$188,848

State Funds

$188,848

State General Funds

$188,848

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$388,638

$388,638

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds for personal services to reflect projected expenditures.

$141 $220 ($2,061)

$141 $220 ($2,061)

Reduce funds for equipment purchases.

($16,690)

($16,690)

Reduce contract funds.

($156,400)

($156,400)

5660

JOURNAL OF THE HOUSE

Reduce watershed planning contracts. Amount appropriated in this Act

($25,000) $188,848

($25,000) $188,848

Section 44: Student Finance Commission, Georgia
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
Lottery Funds State General Funds

$806,692,404 $520,653 $520,653 $779,312 $779,312
$805,392,439 $772,635,605 $32,756,834

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:

Amount from prior Appropriation Act (HB119)

State Funds $4,500,000

Total Funds $4,500,000

Increase funding 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

$550,000

State Funds

$550,000

Lottery Funds

$550,000

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)

$710,000

$710,000

Eliminate the Engineer Scholarship program. (CC:Continue funding the program and reflect actual program demand.)

($160,000)

($160,000)

Amount appropriated in this Act

$550,000

$550,000

THURSDAY, APRIL 29, 2010

5661

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

$0

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.

($3,189,883)

($3,189,883)

Amount appropriated in this Act

$0

$0

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

$800,000

State Funds

$800,000

State General Funds

$800,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$800,000

$800,000

Utilize lottery funds to support the HERO Scholarship program

$0

$0

($800,000). (CC:NO;Do not supplant state general funds with lottery

funds.)

Amount appropriated in this Act

$800,000

$800,000

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

$7,765,112

Other Funds

$779,312

Other Funds - Not Specifically Identified

$779,312

5662

JOURNAL OF THE HOUSE

State Funds

$6,985,800

Lottery Funds

$6,985,800

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)

$5,428,276

$5,428,276

Utilize Workforce Investment Act (WIA) funds for enhancements to the GAcollege411 website.

$0

$779,312

Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs.

$1,557,524

$1,557,524

Amount appropriated in this Act

$6,985,800

$7,765,112

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

$2,573,864

State Funds

$2,573,864

Lottery Funds

$2,573,864

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $2,356,654

Total Funds $2,356,654

Increase funding for the HOPE GED program to meet the projected need.

$217,210

$217,210

Amount appropriated in this Act

$2,573,864

$2,573,864

44.8. HOPE Grant

Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$206,318,361

State Funds

$206,318,361

Lottery Funds

$206,318,361

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$130,440,759

$130,440,759

Increase funding for the HOPE Grant program to meet the projected need.

$75,877,602

$75,877,602

Amount appropriated in this Act

$206,318,361

$206,318,361

THURSDAY, APRIL 29, 2010

5663

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

$59,332,133

State Funds

$59,332,133

Lottery Funds

$59,332,133

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $42,323,094

Total Funds $42,323,094

Increase funding for the HOPE Scholarships- Private Schools program to meet the projected need.
Increase the HOPE Scholarships- Private Schools program award amount from $3,500 to $4,250. (CC:Increase the HOPE Scholarships Private Schools to $4,000.)
Transfer funds from HOPE Scholarships - Private Schools to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs. (CC:Transfer funds to HOPE Administration to address changes in federal law and the loss of subsidies to lottery funded programs.)

$6,754,783 $11,811,780
($1,557,524)

$6,754,783 $11,811,780
($1,557,524)

Amount appropriated in this Act

$59,332,133

$59,332,133

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

$474,575,353

State Funds

$474,575,353

Lottery Funds

$474,575,353

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $390,061,730

Total Funds $390,061,730

Increase funding for the HOPE Scholarships- Public Schools program to meet the projected need.

$84,513,623

$84,513,623

Amount appropriated in this Act

$474,575,353

$474,575,353

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

5664

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB119) Consolidate the Law Enforcement Dependents Grant program into the Public Memorial Safety Grant program.
Amount appropriated in this Act

State Funds $50,911
($50,911)
$0

Total Funds $50,911
($50,911)
$0

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

$1,487,410

Federal Funds and Grants

$520,653

Federal Funds Not Specifically Identified

$520,653

State Funds

$966,757

State General Funds

$966,757

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$966,757

$1,487,410

Utilize lottery funds to support the LEAP program ($966,757). (CC:NO;Do not supplant state general funds with lottery funds.)

$0

$0

Amount appropriated in this Act

$966,757

$1,487,410

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

$1,352,800

State Funds

$1,352,800

State General Funds

$1,352,800

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

$0

$0

Grants program ($1,502,800). (CC: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.

($150,000)

($150,000)

Amount appropriated in this Act

$1,352,800

$1,352,800

THURSDAY, APRIL 29, 2010

5665

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

$802,479

State Funds

$802,479

State General Funds

$802,479

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $652,479

Total Funds $652,479

Utilize lottery funds to support the North Georgia ROTC Grants program ($652,479). (CC: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 $150,000

$0 $150,000

Amount appropriated in this Act

$802,479

$802,479

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $5,855,278

Total Funds $5,855,278

Eliminate the Promise Scholarship program.

($5,855,278)

($5,855,278)

Amount appropriated in this Act

$0

$0

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

$306,761

State Funds

$306,761

Lottery Funds

$306,761

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$255,850

$255,850

5666

JOURNAL OF THE HOUSE

Consolidate the Law Enforcement Dependents Grant program into the Public Memorial Safety Grant program.
Amount appropriated in this Act

$50,911 $306,761

$50,911 $306,761

44.17. Teacher Scholarship

Purpose: Provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages.

Total Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$5,332,698

$5,332,698

Eliminate the Teacher Scholarship program.

($5,332,698)

($5,332,698)

Amount appropriated in this Act

$0

$0

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

$28,146,791

State Funds

$28,146,791

State General Funds

$28,146,791

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)

$29,765,194

$29,765,194

Eliminate the Tuition Equalization Grant program. (CC:Provide funds for an award amount of $750.)

($1,618,403)

($1,618,403)

Amount appropriated in this Act

$28,146,791

$28,146,791

44.19. College Opportunity Grant

Purpose: The purpose of this appropriation is to implement a needs-based grant to assist with the affordability of a college education. This grant is to be awarded as a supplement to other grants already available and in combination with other financial assistance, not to exceed the total cost of college attendance. The grant shall have a service component.

Total Funds

$15,000,000

State Funds

$15,000,000

Lottery Funds

$15,000,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5667

Amount from prior Appropriation Act (HB119) Provide initial funding. Amount appropriated in this Act

State Funds $0
$15,000,000 $15,000,000

Total Funds $0
$15,000,000 $15,000,000

The following appropriations are for agencies attached for administrative purposes.

44.20. 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

$688,007

State Funds

$688,007

State General Funds

$688,007

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $771,953

Total Funds $771,953

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

$2,976

$2,976

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$200

$200

Reduce contracts.

($61,549)

($61,549)

Reduce funds to reflect the revised revenue estimate.

($25,573)

($25,573)

Amount appropriated in this Act

$688,007

$688,007

Section 45: Teachers' Retirement System
Total Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments

$29,461,886 $965,000 $965,000
$28,496,886 $28,496,886

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 10.28% for State Fiscal Year 2011.

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

5668

JOURNAL OF THE HOUSE

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 due to the declining population of retired teachers who qualify for the benefit.

($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

$28,496,886

Intra-State Government Transfers

$28,496,886

Retirement Payments

$28,496,886

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 telecommunication expenses for the Georgia

$0

$0

Technology Authority.

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$0

$9,743

Increase funding for equipment related to the storage array network replacement.

$0

$262,737

Increase funding in personal services for the Division of Investment Services.

$0

$608,099

Amount appropriated in this Act

$0

$28,496,886

Section 46: Technical College System of Georgia
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Federal Funds Indirect Other Intra-State Government Payments

$611,849,009 $58,264,727 $58,264,727 $231,036,770 $230,900,000
$136,770 $319,910,401 $319,910,401
$2,637,111 $1,662,111
$975,000

THURSDAY, APRIL 29, 2010

5669

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

$32,463,654

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

$13,363,654

State General Funds

$13,363,654

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$14,703,836

$33,803,836

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce Adult Literacy grants.

$9,944 ($1,352,729)

$9,944 ($1,352,729)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%.
Reduce funds to reflect the revised revenue estimate.

$29,384 ($26,781)

$29,384 ($26,781)

Amount appropriated in this Act

$13,363,654

$32,463,654

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

$12,733,826

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

$7,943,826

State General Funds

$7,943,826

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce personal services and operating expenses.

$6,799 ($892,683)

$6,799 ($892,683)

5670

JOURNAL OF THE HOUSE

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%. Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

$7,246
($31,903) $7,943,826

$7,246
($31,903) $12,733,826

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

$22,982,770

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

$13,307,770

State General Funds

$13,307,770

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

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$4,662

$4,662

Reduce funding for Quick Start.

($1,333,160)

($1,333,160)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%.
Reduce funds to reflect the revised revenue estimate.

$16,151 ($13,321)

$16,151 ($13,321)

Amount appropriated in this Act

$13,307,770

$22,982,770

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

$543,668,759

Federal Funds and Grants

$39,114,727

Federal Funds Not Specifically Identified

$39,114,727

Other Funds

$216,621,770

Agency Funds

$216,525,000

Other Funds - Not Specifically Identified

$96,770

State Funds

$285,295,151

THURSDAY, APRIL 29, 2010

5671

State General Funds

$285,295,151

Intra-State Government Transfers

$2,637,111

Federal Funds Indirect

$1,662,111

Other Intra-State Government Payments

$975,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$293,638,335

$567,321,412

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($2,346)

($2,346)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$285,840

$285,840

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$275,423

$372,193

Reduce personal services and operating expenses in the Technical Education program by 12% and provide federal stabilization funds for a total reduction of 9.4%.

($35,863,080)

($35,863,080)

Increase funding formula to reflect a 10% increase in credit hours ($25,185,102) and a 7% increase in square footage ($2,347,778).

$27,532,880

$27,532,880

Recognize stabilization funds from the American Recovery and Reinvestment Act of 2009 (Federal Funds: $8,284,252). (CC:Recognize the transfer of funds from the American Recovery and Reinvestment Act to the Amended FY 2010 budget to cover a shortfall in revenue.)

$0

($15,406,239)

Reflect an adjustment in the employer share of the Teachers' Retirement System from 9.74% to 10.28%.

$626,480

$626,480

Reduce funds to reflect the revised revenue estimate.

($1,198,381)

($1,198,381)

Reclassify existing funds as federal funds transferred from the Department of Human Services. (CC:YES)

$0

$0

Amount appropriated in this Act

$285,295,151

$543,668,759

Section 47: Transportation, Department of
Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning & Construction (CFDA 20.205)
Federal Funds Not Specifically Identified Other Funds
Agency Funds State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$1,858,733,205 $1,170,129,823
$1,143,629,823
$26,500,000 $5,730,658 $5,730,658 $682,112,491 $675,250,678 $6,861,813
$760,233 $760,233

5672

JOURNAL OF THE HOUSE

It is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Office of Treasury and Fiscal Services, attached agency 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. 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

$0

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

$57,344

Eliminate funds for operating.

$0

($57,344)

Amount appropriated in this Act

$0

$0

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.

THURSDAY, APRIL 29, 2010

5673

Total Funds

$8,588,297

Federal Funds and Grants

$6,500,000

Federal Funds Not Specifically Identified

$6,500,000

Other Funds

$6,350

Agency Funds

$6,350

State Funds

$2,081,947

State General Funds

$2,081,947

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $7,222,712

Total Funds $13,722,712

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce funds for non-federal grants.

$3,164 ($5,607,279)

$3,164 ($5,607,279)

Reduce contract funds.

($30,300)

($30,300)

Increase the Public Use Airport License Fee to $100 per runway with a maximum of $400, as included in HB 1055, 2010 Session, to cover the cost of runway inspections. (CC:YES)
Increase funds for Airport Aid to match approximately $70 million in federal funds.

($6,350) $500,000

$0 $500,000

Amount appropriated in this Act

$2,081,947

$8,588,297

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

$11,137,288

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

$2,804,774

Motor Fuel Funds

$2,804,774

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $3,168,233

Total Funds $11,500,747

Reduce funds for the Accident Reporting Unit.

($363,459)

($363,459)

Amount appropriated in this Act

$2,804,774

$11,137,288

5674

JOURNAL OF THE HOUSE

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

$62,821,793

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

$51,083,000

Motor Fuel Funds

$51,083,000

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)

$53,516,321

$65,255,114

Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Transfer funds from the Administration program to the Planning program.
Reduce operating expenses to reflect a revision in the Governor's revenue estimate.

$145,104 ($147,880) ($2,430,545)

$145,104 ($147,880) ($2,430,545)

Amount appropriated in this Act

$51,083,000

$62,821,793

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 Funded Construction - Most Needed projects.

Total Funds

$0

THURSDAY, APRIL 29, 2010

5675

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $18,904,211

Total Funds $37,354,211

Reduce funds from the base budget for State Fund Constructed - Most Needed and transfer to new special project.

$0

($18,450,000)

Reflect funding in Local Road Assistance-Special Project 3 program. ($18,904,211)

($18,904,211)

Amount appropriated in this Act

$0

$0

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

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $17,443,092

Total Funds $35,893,092

Reduce funds from the base budget for State Fund Constructed - Off System and transfer to new special project.
Reflect funding in Local Road Assistance-Special Project 3 program.

$0 ($17,443,092)

($18,450,000) ($17,443,092)

Amount appropriated in this Act

$0

$0

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

$96,347,303

State Funds

$96,347,303

Motor Fuel Funds

$96,347,303

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $60,000,000

Total Funds $60,000,000

Reflect the transfer of funds from State Fund Construction - Most Needed and Off System programs to the Local Road AssistanceSpecial Project 3 program (LARP).

$36,347,303

$36,347,303

Amount appropriated in this Act

$96,347,303

$96,347,303

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.

5676

JOURNAL OF THE HOUSE

Total Funds

$91,051,946

State Funds

$91,051,946

Motor Fuel Funds

$91,051,946

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

Transfer motor fuel match to the State Highway System Construction and Improvement Special Project program for capital outlay.
Reduce funding for Community Improvement Districts (CIDs) to reflect a revision in the Governor's revenue estimate.

($2,041,741) ($5,000,000)

($2,041,741) ($5,000,000)

Amount appropriated in this Act

$91,051,946

$91,051,946

47.10. Planning

Purpose: Develop the state transportation improvement program and the state wide strategic transportation plan, and coordinate transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation.

Total Funds

$18,439,878

Federal Funds and Grants

$14,683,804

Federal Highway Administration Highway Planning & Construction (CFDA 20.205)

$14,683,804

State Funds

$3,756,074

Motor Fuel Funds

$3,756,074

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$0

$0

Provide funds for planning activities required by federal and state law.

$3,938,984

$18,622,788

Reduce operating expenses to reflect a revision in the Governor's revenue estimate.

($182,910)

($182,910)

Amount appropriated in this Act

$3,756,074

$18,439,878

47.11. 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

$685,812

State Funds

$685,812

State General Funds

$685,812

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, APRIL 29, 2010

5677

Amount from prior Appropriation Act (HB119) Increase funds to reflect an adjustment in the Workers' Compensation premium. Reduce operating expenses.
Amount appropriated in this Act

State Funds $926,676 $636
($241,500) $685,812

Total Funds $926,676 $636
($241,500) $685,812

47.12. Rail

Purpose: Oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

Total Funds

$194,472

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$106,233

State General Funds

$106,233

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $215,527

Total Funds $303,766

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$1,271

$1,271

Reduce operating expenses.

($110,565)

($110,565)

Amount appropriated in this Act

$106,233

$194,472

47.13. 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

$89,415,632

Federal Funds and Grants

$64,892,990

Federal Highway Administration Highway Planning & Construction (CFDA 20.205)

$64,892,990

State Funds

$24,357,642

Motor Fuel Funds

$24,357,642

Intra-State Government Transfers

$165,000

Other Intra-State Government Payments

$165,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$28,148,746

$107,890,540

5678

JOURNAL OF THE HOUSE

Transfer funds from the State Highway System Construction and Improvement program to the Planning program.
Amount appropriated in this Act

($3,791,104) $24,357,642

($18,474,908) $89,415,632

47.14. 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

$1,009,200,114

Federal Funds and Grants

$823,408,900

Federal Highway Administration Highway Planning & Construction (CFDA 20.205)

$823,408,900

State Funds

$185,791,214

Motor Fuel Funds

$185,791,214

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $189,349,138

Total Funds $1,074,745,688

Increase funds for road construction and enhancement projects on local $22,602,076 and state road systems.

$22,602,076

Reduce federal funds to reflect estimate.

$0

($61,987,650)

Reduce operating expenses to reflect projected 2010 Motor Fuel collections as included in the Governor's revised revenue estimate.

($26,160,000)

($26,160,000)

Amount appropriated in this Act

$185,791,214 $1,009,200,114

47.15. 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

$163,315,354

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

$137,786,300

Motor Fuel Funds

$137,786,300

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5679

47.16. 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

47.17. 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

47.18. 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

$23,993,821

Federal Funds and Grants

$20,000,000

Federal Funds Not Specifically Identified

$20,000,000

Other Funds

$6,000

Agency Funds

$6,000

State Funds

$3,987,821

State General Funds

$3,987,821

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)

$6,692,410

$26,698,410

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$6,367

$6,367

5680

JOURNAL OF THE HOUSE

Reduce funds for non-federal grants and operating expenses.
Reduce funds to reflect the revised revenue estimate.
Collaborate with the Georgia Regional Transportation Authority in evaluating the sustainable business case for commuter rail from Atlanta to Griffin. (CC:YES;Utilize existing funds.)
Amount appropriated in this Act

($2,201,693) ($509,263) $0
$3,987,821

($2,201,693) ($509,263) $0
$23,993,821

Section 48: Veterans Service, Department of
Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$40,036,381 $18,853,542 $18,853,542 $21,182,680 $21,182,680
$159 $159

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

$1,258,938

State Funds

$1,258,779

State General Funds

$1,258,779

Intra-State Government Transfers

$159

Other Intra-State Government Payments

$159

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,272,379

Total Funds $1,272,379

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Increase funds to reflect an adjustment in the DOAS Unemployment Program.
Reduce funds for personal services to reflect projected expenditures.

$34,549 $2,179 ($208) $2,492 ($52,612)

$34,549 $2,179 ($208) $2,651 ($52,612)

Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:NO)

$0

$0

Amount appropriated in this Act

$1,258,779

$1,258,938

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5681

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

$578,533

Federal Funds and Grants

$35,700

Federal Funds Not Specifically Identified

$35,700

State Funds

$542,833

State General Funds

$542,833

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Reduce operating expenses.

$4,319 $266
($22,400)

$4,319 $266
($22,400)

Amount appropriated in this Act

$542,833

$578,533

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

$11,621,933

Federal Funds and Grants

$6,046,705

Federal Funds Not Specifically Identified

$6,046,705

State Funds

$5,575,228

State General Funds

$5,575,228

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $6,129,026

Total Funds $11,950,582

Reduce funds and payments to the Medical College of Georgia for operations.

($328,649)

($328,649)

Recognize receipt of federal funds for veterans with a 70% or greater

($225,149)

$0

service-connected disability rating.

The Department shall examine the impact of certifying the nursing

$0

$0

homes for Medicaid and Medicare. (CC:YES)

Amount appropriated in this Act

$5,575,228

$11,621,933

48.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans.

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JOURNAL OF THE HOUSE

Total Funds

$16,660,831

Federal Funds and Grants

$8,147,697

Federal Funds Not Specifically Identified

$8,147,697

State Funds

$8,513,134

State General Funds

$8,513,134

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

Reduce contract funds for the Georgia War Veterans Nursing Home in Milledgeville.
Recognize receipt of federal funds for veterans with a 70% or greater service-connected disability rating.
The Department shall examine the impact of certifying the nursing homes for Medicaid and Medicare. (CC:YES)

($584,266) ($164,992)
$0

($584,266) $0 $0

Amount appropriated in this Act

$8,513,134

$16,660,831

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

$9,916,146

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

State Funds

$5,292,706

State General Funds

$5,292,706

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

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.
Increase funds to reflect an adjustment in the Workers' Compensation premium.
Redistribute real estate rental budget for GBA managed office space to more accurately reflect revised square footage calculations.
Reduce funds for personal services to reflect projected expenditures.

$33,110 $2,870 ($341) ($257,692)

$33,110 $2,870 ($341) ($257,692)

Reduce operating expenses.

($83,674)

($83,674)

Amount appropriated in this Act

$5,292,706

$9,916,146

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5683

Section 49: Workers' Compensation, State Board of
Total Funds Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$21,499,354 $523,832 $483,353 $40,479
$20,975,522 $20,975,522

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

$10,950,721

Other Funds

$458,353

Agency Funds

$458,353

State Funds

$10,492,368

State General Funds

$10,492,368

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$11,090,496

$11,265,496

Increase funds to reflect an adjustment in the Workers' Compensation premium.
Maximize the use of other funds generated through requests and copies to fund personal services costs.
Reduce personal services funding for 14 vacant positions.

$3,088 ($283,353) ($150,308)

$3,088 $0
($150,308)

Recognize savings in regular operating expenses and contractual services.

($91,492)

($91,492)

Reflect cost savings by consolidating the Gainesville regional office with offices in surrounding counties.

($76,063)

($76,063)

Amount appropriated in this Act

$10,492,368

$10,950,721

49.2. Board Administration

Purpose: The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$10,548,633

Other Funds

$65,479

Agency Funds

$25,000

Other Funds - Not Specifically Identified

$40,479

State Funds

$10,483,154

State General Funds

$10,483,154

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JOURNAL OF THE HOUSE

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB119)

$8,229,317

$8,254,317

Reflect an adjustment in telecommunication expenses for the Georgia Technology Authority.

($13,386)

($13,386)

Increase funds to reflect an adjustment in the Workers' Compensation premium.

$2,291

$2,291

Increase funds to reflect an adjustment in the DOAS Unemployment Program.

$4,629

$4,629

Reduce funds and direct the agency to outsource accounting and payroll functions to the State Accounting Office's Shared Services Initiative. (CC:Payroll only.)

($40,913)

($40,913)

Increase payments to the State Treasury from $3,680,992 to $4,728,320.

$601,216

$601,216

Provide funds for the continued development and maintenance for the Integrated Claims Management System through increased assessments.

$1,700,000

$1,700,000

Maximize the use of other funds generated through requests and copies to fund personal services costs.

$0

$40,479

Reflect cost savings by consolidating the Gainesville regional office

$0

$0

with offices in the surrounding counties ($97,778). (CC:YES)

Reduce personal services funding for 14 vacant positions ($196,417).

$0

$0

(CC:YES)

Recognize savings in regular operating expenses and contractual services ($111,438). (CC:YES)

$0

$0

Amount appropriated in this Act

$10,483,154

$10,548,633

Section 50: General Obligation Debt Sinking Fund
Total Funds State Funds
Motor Fuel Funds State General Funds

$1,168,403,299 $1,168,403,299
$185,438,322 $982,964,977

50.1. GO Bonds Issued

Total Funds

$1,072,281,729

State Funds

$1,072,281,729

Motor Fuel Funds

$167,998,322

State General Funds

$904,283,407

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $1,003,184,941

Total Funds $1,003,184,941

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the $118,524,787 issuance of new bonds.

$118,524,787

THURSDAY, APRIL 29, 2010

5685

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

$9,080,000

Reduce debt service to capture savings associated with favorable rates ($42,784,870) received with the bond sale.

Reduce debt service to capture savings associated with favorable rates received with the bond sale as recommended by the Governor as part of his revenue estimate revision.

($1,500,000)

Reduce funds to recognize savings resulting from favorable interest rates on variable rate debt.

($8,522,577)

Redirect $1,500,000 in remaining funds from the Tifton Agricultural

$0

Laboratories Facility Building project (GDA-025) to renovate and

repair state farmers' markets (Department of Agriculture). (CC:See

Section 13: Department of Agriculture)

Repeal the authorization of $1,000,000 in 5-year bonds for Department of Natural Resources from FY 2009 (HB 990) for beach restoration at Tybee Island.

($231,000)

Repeal the authorization of $360,000 in 20-year bonds for Department of Human Services from FY 2010 (HB 119) for design, construction and equipment of school expansion and renovation for the Outdoor Therapeutic program, Cleveland, White County.

($32,688)

Repeal the authorization of $315,000 in 20-year bonds for Department of Veteran Services from FY 2010 (HB 119) for design, construction and equipment for electrical improvements for the Vinson Building, Georgia War Veterans Home, Milledgeville, Baldwin County to be matched with Federal funds.

($28,602)

Repeal the authorization of $360,000 in 20-year bonds for Department of Veteran Services from FY 2010 (HB 119) for the cemetery expansion, Phase 2, Milledgeville, Baldwin County to be matched with Federal funds.

($32,688)

Reduce funds for debt service.

($5,375,574)

Amount appropriated in this Act

$1,072,281,729

$9,080,000 ($42,784,870) ($1,500,000) ($8,522,577)
$0
($231,000) ($32,688)
($28,602)
($32,688)
($5,375,574) $1,072,281,729

50.2. GO Bonds New

Total Funds

$96,121,570

State Funds

$96,121,570

Motor Fuel Funds

$17,440,000

State General Funds

$78,681,570

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB119)

State Funds $127,604,787

Total Funds $127,604,787

Debt Service on New Bonds needed to fund the Projects associated with this Program

$96,121,570

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the ($118,524,787) issuance of new bonds.

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the ($9,080,000) issuance of new bonds.

$96,121,570 ($118,524,787)
($9,080,000)

5686

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$96,121,570

$96,121,570

Bond Financing Appropriated:
[Bond # 1] From State General Funds, $3,876,476 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 $44,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 2] From State General Funds, $1,326,748 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 $15,215,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 3] From State General Funds, $3,701,640 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 $42,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 4] From State General Funds, $407,224 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 $4,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 5] From State General Funds, $2,093,400 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $9,000,000 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, $6,560,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 7] From State General Funds, $1,302,560 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,600,000 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, $174,400 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

THURSDAY, APRIL 29, 2010

5687

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 # 9] From State General Funds, $348,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $348,900 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 11] From State General Funds, $1,628,200 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 12] From State General Funds, $828,056 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 13] From State General Funds, $574,522 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 14] From State General Funds, $709,430 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension,

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enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,050,000 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, $465,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 16] From State General Funds, $69,780 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 17] From State General Funds, $436,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 18] From State General Funds, $148,864 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $640,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 19] From State General Funds, $418,680 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 20] From State General Funds, $5,232,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University

THURSDAY, APRIL 29, 2010

5689

System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 21] From State General Funds, $232,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 22] From State General Funds, $1,791,020 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 23] From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 24] From State General Funds, $558,080 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 $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two

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hundred and forty months.
[Bond # 26] From State General Funds, $414,200 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 $4,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 27] From State General Funds, $409,840 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 28] From State General Funds, $566,800 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 $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 29] From State General Funds, $651,280 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 30] From State General Funds, $610,400 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 31] From State General Funds, $950,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures,

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equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 32] From State General Funds, $302,380 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 33] From State General Funds, $1,308,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 34] From State General Funds, $327,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 35] From State General Funds, $139,520 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 36] From State General Funds, $514,480 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 37] From State General Funds, $12,208 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 Library, for that library, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 38] From State General Funds, $174,400 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 LaFayette-Walker Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 39] From State General Funds, $132,108 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 Madison County 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 # 40] From State General Funds, $1,977,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 41] From State General Funds, $1,744,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 42] From State General Funds, $872,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 43] From State General Funds, $575,520 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 $6,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 44] From State General Funds, $172,124 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 $740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 45] From State General Funds, $148,240 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 46] From State General Funds, $116,300 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 47] From State General Funds, $776,080 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 $8,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 48] From State General Funds, $235,440 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 $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 49] From State General Funds, $784,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 50] From State General Funds, $201,199 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,

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extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $865,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 51] From State General Funds, $346,184 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 $3,970,000 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, $56,987 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 $245,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 53] From State General Funds, $1,000,180 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 $4,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 54] From State General Funds, $87,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 55] From State General Funds, $883,880 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Health by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 56] From State General Funds, $26,160 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by

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5695

means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 57] From State General Funds, $46,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 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, $1,046,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $12,000,000 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, $348,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 60] From State General Funds, $654,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 61] From State General Funds, $95,120 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 $725,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 62] From State General Funds, $175,613 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

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than $755,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 63] From State General Funds, $547,616 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,280,000 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, $174,450 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 65] 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 # 66] From State General Funds, $930,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 67] From State General Funds, $261,675 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 $1,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 68] From State General Funds, $900,162 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,870,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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[Bond # 69] From State General Funds, $615,632 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,060,000 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, $224,104 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 71] From State General Funds, $10,467 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 $45,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 72] From State General Funds, $22,097 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 $95,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 73] From State General Funds, $13,956 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 $60,000 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, $261,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 75] From State General Funds, $523,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of

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land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 76] From State General Funds, $553,588 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 77] From State General Funds, $465,200 is specifically appropriated for the purpose of financing projects and facilities for the State Accounting Office by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 78] From State General Funds, $872,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 79] From State General Funds, $1,437,468 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 $6,180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 80] From State General Funds, $88,072 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,010,000 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, $415,191 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,785,000 in principal amount of General Obligation Debt, the

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5699

instruments of which shall have maturities not in excess of sixty months.
[Bond # 82] From State General Funds, $964,127 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 $4,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 83] From State General Funds, $479,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 84] From State General Funds, $741,200 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 $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 85] From State General Funds, $174,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 86] From State General Funds, $3,140,100 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 87] From State General Funds, $186,080 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 88] From State General Funds, $436,000 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation

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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 $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 # 89] From State General Funds, $130,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 90] From State General Funds, $1,656,800 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 $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 # 91] From State General Funds, $654,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 92] From State General Funds, $654,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 93] From State General Funds, $2,180,000 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 $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 # 94] From State General Funds, $5,967,532 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 $68,435,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 95] From State Motor Fuel Funds, $17,440,000 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 $200,000,000 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, $130,800 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 97] From State General Funds, $43,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.

Section 51: General Obligation Bonds Repealed, Revised, or Reinstated
The following paragraph of Section 49 of the General Appropriations Act for state fiscal year 2008 -2009 (Ga. L. 2008, Volume One, Book Two Appendix, commencing at p. 1 of 229, 223, Act No. 705, 2008 Regular Session, H.B. 990), as carried forward in Section 49 of the Supplementary Appropriations Act for state fiscal year 2008-2009 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 170, 167, Act No. 2, 2009 General Session, H.B. 118), and which amended reads as follows, is hereby repealed in its entirety:
[Bond # 92] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

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property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 319, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety: From State General Funds, $28,602 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
The following paragraph of Section 50 of the General Appropriations Act for state fiscal year 2009-2010 (Ga. L. 2009, Volume One, Book Two Appendix, commencing at p. 1 of 330, 318, Act No. 345, 2009 Regular Session, H.B. 119) is hereby repealed in its entirety:
From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Section 52: Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 53: 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

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constitutes a first charge on all such appropriations.
Section 54: Budgetary Control and Interpretation The appropriations of State Funds in this Act consist of the amount stated, for each line at the lowest level of detail, associated with the statement of Program Name and Program Purpose. The appropriations of Federal Funds and of Other Funds in this Act consist of the amount stated at the highest or summary level of detail associated with the statement of Program Name and Program Purpose, and the lower levels of detail are for information only. In the preceding sentence, "Federal Funds" means any federal funding source, whether specifically identified or not specifically identified; "Other Funds" means all other fund sources except State Funds and Federal Funds, including in Other Funds without limitation all Intra-State Government Transfers. Regardless of placement on the page, both the highest or summary level of detail and the lower detail of appropriations of Intra-State Government Transfers will be deemed lower levels of detail of Other Funds, and the highest or summary amount will be deemed added to the highest or summary amount of the appropriation of Other Funds for the program.
Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation and is for information only. The lowest level of detail for authorizations for general obligation debt in Section 50 are the authorizing paragraphs.
Section 55: 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 56: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 57: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed.
Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 948.

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On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell Y 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 E Collins, T Y Cooper Y Cox

N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dodson Y Dollar N Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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 N Hugley Y Jackson Y Jacobs E James Y Jerguson N Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G 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 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 Y Ramsey
Randall N Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

N Scott, M Y Sellier Y Setzler Y Shaw 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 Y Stephens, M Y Stephens, R N Stephenson N Stout 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 motion, the ayes were 137, nays 33.

The motion prevailed.

Representative Abdul-Salaam of the 74th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Benfield of the 85th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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

Scott of the 153rd and Sinkfield of the 60th.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:

A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 195

The Committee of Conference on SB 195 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 195 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Earl L. Carter Senator, 1st District

/s/ Joe Wilkinson Representative, 52nd District

/s/ David Shafer Senator, 48th District

/s/ Roger Williams Representative, 4th District

/s/ Ronnie Chance Senator, 16th District

/s/ Sharon Cooper Representative, 41st District

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A BILL
To amend Title 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and professions and businesses, respectively, so as to provide for the regulation of certain professions and businesses; to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change the definition of the term "electronic data prescription drug order"; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to "brand necessary" drug orders; to provide that members of professional licensing boards shall serve until the expiration of their term and until their successors have been appointed; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to investigators for professional licensing boards; to change certain provisions relating to veteran examinations; to provide for notification of current laws, rules, and regulations and standards of conduct relating to the practice of architecture; to change certain provisions relative to checks submitted as fees for licensure by actioneers; to provide that the service upon the division director on behalf of the State Board of Barbers or the State Board of Physical Therapy shall be at his or her office; to change certain provisions regarding the training, utilization, and licensing of apprentices in barbershops; to revise certain provisions relating to the record of revocation of chiropractic licenses; to change certain provisions relating to the rules and regulations as to sanitary requirements and inspections relative to cosmetologists; to revise certain requirements for application for low-voltage electrical contracting licenses; to require the examination for the land surveyor-in-training certificate be board approved; to change certain provisions relating to examinations relative to geologists; to change provisions as to notice of meetings of the State Board of Hearing Aid Dealers and Dispensers; to revise the general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director; to change certain provisions relating to the issuance of licenses relative to hearing aid dealers and dispensers; to amend provisions relating to the qualifications and examination of hearing aid dispenser apprentices; to provide for notice to the hearing aid dealer licensee or permit holder; to change certain provisions relating to fees for licensure of landscape architects; to provide that applicants for licensure as dispensing opticians may be required to pass a board approved examination; to change certain provisions relating to examinations, examination fees, and education requirements relative to dispensing opticians; to change certain provisions relating to examinations relative to optometrists; to change certain provisions relating to examinations for licenses to practice podiatric medicine; to change certain provisions relating to the examination of applicants and appeals relative to psychologists; to change certain provisions relating to qualifying agents relative to residential and general contractors; to change certain provisions relating to the test an applicant for a used motor vehicle and parts dealer license must pass; to provide for board approved examinations for applicants for certification as operators or laboratory analysts

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of treatment plants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraph (14.1) of Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, as follows:
(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. 'Electronic data prescription drug order' also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, is received by the pharmacy through a facsimile, and includes the practitioner's electronic signature."
SECTION 2. Said title is further amended by revising subsections (a) and (b) of Code Section 26-4-41, relating to qualifications for license, examination, and internships and other training programs relative to pharmacists and pharmacies, as follows:
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and

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(7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and. (3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may shall not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time may shall not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid."
SECTION 3. Said title is further amended by revising subsection (c) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction relative to pharmacists and pharmacies, as follows:
"(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations, and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board."

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SECTION 4. Said title is further amended by revising subsection (a) of Code Section 26-4-46, relating to pharmacy interns, eligibility, and requirements for licenses, as follows:
"(a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written an application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license."
SECTION 5. Said title is further amended by revising subsection (g) of Code Section 26-4-81, relating to substitution of generic drugs for brand named drugs, as follows:
"(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. When the prescription is an electronic prescription drug order, the words 'brand necessary' are not required to be in the practitioner's own handwriting and may be included on the prescription in any manner or by any method. When a practitioner has designated 'brand necessary' on an electronic prescription drug order, a generic drug shall not be substituted without the practitioner's express consent, which shall be documented by the pharmacist on the prescription and by the practitioner in the patient's medical record."
SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-1-2, relating to appointment and general powers of the division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, by adding a new subsection to read as follows:
"(h.1) Members of a professional licensing board shall serve until the expiration of the term for which they were appointed and until their successors have been appointed and qualified unless otherwise specified under the provisions of this title."
SECTION 7. Said title is further amended by revising subsection (j) of Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, as follows:
"(j) The division director shall may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards,

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notwithstanding any other provisions of law to the contrary. These administrative standards shall may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards."
SECTION 8. Said title is further amended by revising Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows:
"43-1-5. (a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun. (b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer."
SECTION 9. Said title is further amended by revising Code Section 43-1-9, relating to point credit for veterans taking examination given by professional licensing boards, as follows:
"43-1-9. Any applicant taking an examination given required by any professional licensing board except the State Board of Accountancy and the Georgia Board of Nursing shall receive points in the following manner:
(1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;

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(2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination."
SECTION 10. Said title is further amended by revising Code Section 43-1-10, relating to credit to veteran's grades when examination given in parts or by subject, as follows:
"43-1-10. If an examination given by a professional licensing board is given required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined."
SECTION 11. Said title is further amended by revising Code Section 43-1-11, relating to veteran's examination to be graded prior to determination of eligibility for credit, as follows:
"43-1-11. A person grading an examination given required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination."

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SECTION 12. Said title is further amended by revising subsection (b) of Code Section 43-4-9, relating to adoption of rules, regulations, and standards of conduct and utilization of the Internet relative to architects, as follows:
"(b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail."
SECTION 13. Said title is further amended by revising subsection (d) of Code Section 43-6-13, relating to license fees and effect of nonpayment of checks submitted as fee relative to auctioneers, as follows:
"(d) Any check presented to the division director as a fee for either an original or renewal license or for examination for license, which is returned unpaid, shall be cause for revocation or denial of a license."
SECTION 14. Said title is further amended by revising Code Section 43-7-7, relating to board meetings, secretary of the board, service of process and documents, and records relative to barbers, as follows:
"43-7-7. The board shall meet at least six days a year but shall not meet more than 36 days in one year. All meetings shall be open to the public except that the board may hold restricted attendance sessions to prepare, give, and grade examinations and to deliberate in connection with the decision in a contested case. The division director shall be secretary of the board and, in addition to his or her duties as prescribed by Code Section 43-1-3, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board, or affidavits by the division director as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein."
SECTION 15. Said title is further amended by revising Code Section 43-7-12 , relating to requirements for license to operate a barbershop, as follows:
"43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop:

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(1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber Trains and utilizes apprentices in a manner and number as required by the board; and (3) Does business only at the location shown on the application for licensure."
SECTION 16. Said title is further amended by revising subsection (a) of Code Section 43-7-16 , relating to requirement for license as apprentice barber and limitation on renewal, as follows:
"(a) A license to practice barbering as an apprentice shall be issued to any person applicant who shall furnish the board evidence that such applicant:
(1) Evidence that he will Will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent Is 16 years of age or older."
SECTION 17. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 439-7, relating to qualifications of applicants for license to practice chiropractic, as follows:
"(a) Any person wishing to practice chiropractic in this state shall make written application to the board through the division director in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; The application shall recite the history of the applicant's educational qualifications, how long he or she has studied chiropractic, what collateral branches, if any, he or she has studied, and the length of time he or she has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.; and other information, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his or her application an application fee in an amount established by the board."
SECTION 18. Said title is further amended by revising Code Section 43-9-14, relating to record of license revocation relating to chiropractors, as follows:
"43-9-14. In all cases wherein a license has been revoked and no appeal has been taken within the time allowed by law, it shall be the duty of the division director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the division director, and it shall be the duty of the

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clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In cases wherein appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner provided in this Code section immediately after the final termination of such case. Reserved."
SECTION 19. Said title is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary conditions as nuisances relative to cosmetologists, as follows:
"43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Community Health, and to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof. The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair design, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers. (b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any inspector employed by the division director Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, salon, and or school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance."
SECTION 20. Said title is further amended by revising subsection (c) of Code Section 43-14-8.1, relating to license requirement for low-voltage electrical contracting, businesses conducted by partnerships, limited liability companies, and corporations, and applications relative to electrical contracting, as follows:
"(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LVA, LV-G, LV-U, or LV-T license without examination. An individual desiring to

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obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed lowvoltage wiring in those areas for a period of at least one year immediately prior to the time of application."
SECTION 21. Said title is further amended by revising Code Section 43-15-12, relating to land surveyor-in-training certificate and eligibility, as follows:
"43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements:
(1)(A) Earn a bachelor's degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and (3) Subsequently pass the board's written board approved examination in the fundamentals of land surveying (land surveyor-in-training examination)."

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SECTION 22. Said title is further amended by revising subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, as follows:
"(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors."
SECTION 23. Said title is further amended by revising paragraph (1) of subsection (a) Code Section 4318-42, relating to reciprocity and examination upon meeting qualifications relative to funeral directors and establishments, as follows:
"(1)(A) On or after January 1, 1991, such person successfully passes a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are:
(i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or"
SECTION 24. Said title is further amended by revising subsection (b) of Code Section 43-19-13, relating to examinations relative to geologists, as follows:
"(b) The board shall determine the fee for and approve the scope, form, and content of the examinations provided required for licensure under this chapter."
SECTION 25. Said title is further amended by revising subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings relating to the State Board of Hearing Aid Dealers and Dispensers, as follows:
"(b) The division director shall notify each member of the board by certified mail or statutory overnight delivery not less than ten days in advance of the time and place of any meeting of the board."
SECTION 26. Said title is further amended by revising Code Section 43-20-6, relating to general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director, as follows:
"43-20-6. (a) The board shall have the responsibility and duty of administering and enforcing this chapter. The board shall be responsible for preparing the examinations required by this

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chapter; and the division director shall assist the board in carrying out this chapter. The board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The board shall:
(1) Authorize, with the advice of the division director, all disbursements necessary to carry out this chapter and the rules and regulations promulgated by the board; (2)(1) Supervise the issuance of licenses and administer qualifying examinations; (3)(2) License persons who make proper application to the division director and who meet the qualifications for licensure; (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided in this chapter; (5)(3) Issue and renew licenses; (6)(4) Suspend, revoke, or otherwise sanction licenses in the manner provided in this chapter; (7)(5) Appoint representatives to conduct or supervise examinations; and (8)(6) Provide to each licensed dealer Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules. (c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter. (d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking, or otherwise sanctioning licenses; and for the transaction of its business under this chapter. (e) The board may provide, by regulation, for the general scope of the examination described in Code Section 43-20-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination; and the division director may contract with third parties to perform administrative services related to the examination as he or she deems appropriate."
SECTION 27. Said title is further amended by revising subsection (b) of Code Section 43-20-8, relating to issuance of licenses and fees relative to hearing aid dealers and dispensers, as follows:
"(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an a board approved examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer."

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SECTION 28. Said title is further amended by revising Code Section 43-20-9, relating to qualifications, examinations, and apprentice dispensers relative to hearing aid dealers and dispensers, as follows:
"43-20-9. (a) An applicant may obtain a license by successfully passing a qualifying board approved examination administered by the board, provided that the applicant:
(1) Is at least 18 years of age; and (2) Is of good moral character. (b) The division director shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The division director shall schedule every Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the division director, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f)(c) The board shall establish uniform criteria for passing and failing candidates."
SECTION 29. Said title is further amended by revising Code Section 43-20-12, relating to notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees, and notice to holders of licenses and permits, as follows:
"43-20-12. (a) A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer. (b) Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such

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licensee or permit holder by certified mail or statutory overnight delivery to the address of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee."
SECTION 30. Said title is further amended by revising subsection (a) of Code Section 43-23-8, relating to examination fee, issuance of licenses, biennial renewal of licenses, renewal fee, and effect of nonpayment of check submitted as license fee relative to landscape architects, as follows:
"(a) Every applicant for licensure as a landscape architect shall submit with his or her application for such licensure a fee in an amount established by the board, which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a license fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the division director. The biennial license renewal fees shall be an amount established by the board."
SECTION 31. Said title is further amended by revising Code Section 43-28-9, relating to qualifications of license applicants and waiver relative to occupational therapists, as follows:
"43-28-9. (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written an application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements:
(1) Is of good moral character; (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content; (3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section subsection. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10.

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(b) An applicant not meeting the requirements of subsection (a) of this Code section must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section 43-28-11."
SECTION 32. Said title is further amended by revising subsection (e) of Code Section 43-29-7, relating to license requirements, qualifications of applicants, subjects to be listed on examination, and issuance and display of license relative to dispensing opticians, as follows:
"(e) Applicants for examination may be examined by the board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing, and practical subjects. When any applicant passes the necessary examination and meets the qualifications set out, the board shall issue a license to such person to practice the trade or occupation of dispensing optician."
SECTION 33. Said title is further amended by revising Code Section 43-29-8, relating to examination, examination fee, and the effect of failure of two examinations relative to dispensing opticians, as follows:
"43-29-8. (a) Examination of applicants An applicant applying for a license to practice the trade or occupation of dispensing optician shall be required to pass a board approved examination made by the board according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written. (b) There shall be paid to the division director by each applicant for a license an examination fee in an amount determined by the board, which fee shall accompany the application for examination. (c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before the board upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board."
SECTION 34. Said title is further amended by revising Code Section 43-29-11, relating to continuing education requirement, waiver, and effect of failure to complete required course hours relative to dispensing opticians, as follows:
"43-29-11. (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. (b) With his or her application for license renewal, each licensed dispensing optician must shall submit a certificate or certificates of attendance for an affidavit of course

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hours completed as proof that his or her education requirements have been satisfied. The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance required under this chapter Code section shall be issued to the optician upon completion of the approved course. Credit will shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits will shall be allowed. (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal. (d) A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board."
SECTION 35. Said title is further amended by revising subsection (c) of Code Section 43-30-7, relating to certification and registration requirement, comity, and qualifications examination relative to optometrists, as follows:
"(c) Any other applicant for registration under this chapter shall be required to pass an examination approved by the board. In addition, each such applicant shall meet the following requirements:
(1) Be 21 years of age and of good moral character; (2) Possess a high school education of not less than 16 Carnegie units, or the equivalent thereof to be determined by the board; (3) Have completed not less than two years of preoptometry college work in a college of arts and sciences approved by the board, or the equivalent thereof to be determined by the board; and

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(4) Hold a certificate of graduation from an accredited college or university teaching optometry, acceptable to the board, requiring a course of study therein of at least four school years. Failure to pass a satisfactory examination shall not debar the applicant from participating in subsequent examinations before the board upon his or her complying with this chapter and upon payment of a reexamination fee as established by the board."
SECTION 36. Said title is further amended by revising Code Section 43-33-9, relating to division director as secretary of board, subpoena power, service of process and documents, and official records as prim-facie evidence relative to physical therapists, as follows:
"43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein."
SECTION 37. Said title is further amended by revising 43-35-12, relating to eligibility for license relative to podiatry practice, as follows:
"43-35-12. A license to practice podiatric medicine shall be issued to any person who:
(1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 4335-16; and (7) Pays the required fee to the board."
SECTION 38. Said title is further amended by revising Code Section 43-35-14, relating to examination of applicants relative to podiatry practice, as follows:

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"43-35-14. The board shall examine applicants may require applicants to be examined upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer may require."
SECTION 39. Said title is further amended by revising subsections (a), (c), and (f) of Code Section 4338-6, relating to licenses, qualifications, criminal records, fingerprints, bond, insurance, or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows:
"(a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section." "(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection." "(f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a

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prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 40. Said title is further amended by revising subsections (d) and (g) of Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension relative to private detectives and security agencies, as follows:
"(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided." "(g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 41. Said title is further amended by revising Code Section 43-39-9, relating to examination of applicants and appeals relative to psychologists, as follows:
"43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Applicants shall take a board

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approved examination to test the applicant's qualifications. The examination shall be written or oral or both."
SECTION 42. Said title is further amended by revising subsection (b) of Code Section 43-41-9, relating to licensing of individuals and organizations; joint ventures treated uniquely, notification of division changes, separation of sole qualifying agent, disciplinary actions taken against organizations, payment of fees, and joint responsibility for work product, as follows:
"(b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity within the State of Georgia and that the individual applicant has final approval authority on all business construction matters, including contracts and contract performance and financial affairs of the business organization or entity related to such construction matters, for each construction job for which his or her license was used to obtain the building permit."
SECTION 43. Said title is further amended by revising subsection (h) of Code Section 43-41-9, relating to licensing of individuals and organizations; joint ventures treated uniquely, notification of division changes, separation of sole qualifying agents, disciplinary actions taken against organizations, payment of fees, and joint responsibility for work product, as follows:
"(h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all construction related operations of the business organization, for all field work at all sites, and for financial matters within the State of Georgia, both for the organization in general and for each specific for each construction job for which his or her license was used to obtain the building permit."
SECTION 44. Said title is further amended by revising subsections (d) and (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance, suspension for conviction or false statement, and meetings relative to used motor vehicle and parts dealers, as follows:
"(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length."

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"(l) Each division may authorize the division director to issue a license when he or she has received the bond required by subsections (g) and (h) of this Code section, the proof of insurance required by subsection (k) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions."
SECTION 45. Said title is further amended by revising subsection (a) of Code Section 43-50-31, relating to application for license, qualifications, determination as to admission or nonadmission to examination, and waiver relative to veterinarians and veterinary technicians, as follows:
"(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule."
SECTION 46. Said title is further amended by revising subsection (b) of Code Section 43-50-40, relating to renewal of licenses and registrations, reinstatement, waiver of fee, continuing education, and inactive status relative to veterinarians and veterinary technicians, as follows:

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"(b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license or registration and willfully or by neglect fail to renew such license or registration shall be practicing in violation of this article, provided that any person may renew an expired license or registration within the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After the time period established by the division director has elapsed, such license or registration may be reinstated in accordance with the rules of the board."

SECTION 47. Said title is further amended by revising Code Section 43-51-7, relating to examinations relative to treatment plant operators, as follows:
"43-51-7. The board shall prepare examinations to Board approved examinations shall be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually."

SECTION 48. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 49. All laws and parts of laws in conflict with this Act are repealed.

Representative Wilkinson of the 52nd moved that the House adopt the report of the Committee of Conference on SB 195.

On the motion, the roll call was ordered and the vote was as follows:

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

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

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 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

N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Sims, B 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

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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
Collins, D E Collins, T Y Cooper N Cox

Y Everson Y Floyd E 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 Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Kidd
Knight Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning

Y Nix Y Oliver
O'Neal Y Parrish Y Parsons Y Peake
Porter Y Powell, A
Powell, J Y Pruett Y Purcell Y Ramsey
Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet E 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 motion, the ayes were 147, nays 9.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of SB 195 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 195.

/s/ Bobby Franklin Representative, District 43

The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others:

A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain

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provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SB 239 (SB 239/HCSFA) by striking lines 41 through 43 and inserting in lieu thereof the following:
prior to such start date, enroll such child or children in a public school or a private school that meets the requirements for a public school or a private school. Failure to enroll such child or children within 15 days of such new

By striking lines 157 and 158 and inserting in lieu thereof the following: of a child or children and who shall fail to enroll such child or children in a public school or a private school in accordance with this Code section shall be

Representative Oliver of the 83rd moved that the House agree to the Senate amendment to the House substitute to SB 239.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard
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

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

Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson
Hugley Y 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

Y Marin Martin
Y Maxwell 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 Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake
Porter

N Scott, M Y Sellier
Setzler Shaw N 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 Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout Y Talton Y Taylor Y Teilhet E Thomas

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

Y Geisinger Y Glanton
Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

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

Y Powell, A Powell, J
N Pruett Y Purcell
Ramsey Randall Y Reece N Reese Y Rice N Roberts Y Rogers Rynders N Scott, A

Y Thompson VACANT Walker Weldon
Y Wilkinson Willard Williams, A
Y Williams, E N Williams, M Y Williams, R Y Wix
Yates Ralston, Speaker

On the motion the ayes were 115, nays 28.

The motion prevailed.

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.

House of Representatives Atlanta, Georgia 30334

This version of SB 239 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 239.

/s/ Bobby Franklin Representative, District 43

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 1221

The Committee of Conference on HB 1221 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1221 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Balfour Senator, 9th District

/s/ O'Neal Representative, 146th District

/s/ Chance Senator, 16th District

/s/ Allen Peake Representative, 137th District

/s/ Williams Senator, 19th District

/s/ May Representative, 111th District

A BILL

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 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 provide for membership on the Streamlined Sales and Use Tax Governing Board; to change certain

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provisions regarding intergovernmental contracts and imposition of the municipal option water and sewer projects and costs tax; to provide for the correction of cross-references; 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.' (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:

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(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 (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:

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(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; (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

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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; (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.

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(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':
(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.

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(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. (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 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;

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(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 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

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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: (i) Sold in a heated state or heated by the seller; (ii) With two or more food ingredients mixed or combined by the seller for sale as a single item; or (iii) 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; and
(B) 'Prepared food' shall not include food: (i) 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; (ii) Sold by a seller whose proper primary North American Industrial Classification System code is subsector 311, food manufacturing, except for industry group 3118, bakeries and tortilla manufacturing, if sold without eating utensils provided by the seller; or (iii) Sold by a seller whose proper primary North American Industrial Classification System code is industry group 3121, beverage manufacturing.
(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.

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(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)(i)(A) Except as otherwise provided in division (ii) of this subparagraph this chapter, 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; (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;

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(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; (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 (G) of this paragraph; or (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

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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 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.

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(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.
(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

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(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. (10)(35) '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. (36) 'Streamlined sales tax agreement' means the Streamlined Sales and Use Tax Agreement under Code Section 48-8-162. (11)(37) '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. (38) 'Telecommunications nonrecurring charges' means an amount billed for the installation, connection, change, or initiation of 'telecommunications service' received by the customer. (39) '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 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.

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(12)(40) '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)(41) 'Use tax' includes the use, consumption, distribution, and storage of tangible personal property as defined in this article. (42) '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. (43) '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:
(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

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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'; (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.

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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 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

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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; (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

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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; (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

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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 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,

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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. (D) Except as provided for in subparagraph (C) of this paragraph, this exemption shall not apply to any other local sales and use tax levied or imposed at anytime in any area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' or such taxes as authorized by or pursuant to Part 2 of Article 3 or Article 2, 2A, or 4 of this chapter. (E) For purposes of this paragraph, a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for hire. (F) For purposes of this paragraph, a 'qualifying airport' shall mean any airport in the state that has had more than 750,000 takeoffs and landings during a calendar year. (G) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (H) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 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

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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 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

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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 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.

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(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; (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

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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 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;

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(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; (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.

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(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. (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.

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(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 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.

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(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 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 which are is 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 which are is 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.

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(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), 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;

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(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 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.

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(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 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) 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

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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. (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.

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(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 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

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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 (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,

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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 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

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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 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.

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(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 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.

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(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 (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

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(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; (90) The sale of electricity to a manufacturer located in this state used directly in the manufacture of a product if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product; or (91) The sale of prewritten software which has been delivered to the purchaser electronically or by means of load and leave."
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:
(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

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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) Where the exception specified in paragraph (2) of subsection (b) 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) 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 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 in Code Section 48-8-14, relating to certain state contract restrictions, by revising subsection (b) as follows:
"(b) On or after April 12, 2005, the Department of Administrative Services and any other state agency 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 this chapter on its sales delivered to Georgia."
SECTION 5. Said title is further amended in Code Section 48-8-17, relating to ratification of an executive order regarding gasoline taxes, by revising subsection (b) and (c) as follows:

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"(b) The General Assembly of Georgia ratifies the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01 which suspended the collection of any rate of prepaid state taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2. (c) For the time period commencing on June 2, 2008, as specified in the Executive Order of the Governor dated June 2, 2008, and filed in the official records of the Office of the Governor as Executive Order 06.02.08.01, the collection of any rate of prepaid state taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-9-14 or any other law to the contrary."
SECTION 6. Said title is further amended in Code Section 48-8-17.1, relating to ratification of an executive order on prepaid taxes, by revising paragraph (1) of subsection (a) as follows:
"(1) Sonny Perdue, as Governor of Georgia, issued an Executive Order ('EO 06.02.08.01') that suspended the collection of any rate of prepaid taxes as defined in paragraph (5.2) of Code Section 48-8-2 to the extent it differed from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applied to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2 until the General Assembly acts upon the suspension;"
SECTION 7. 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.

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(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, 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,

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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. (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.

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(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 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,

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such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14."
SECTION 8. 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 9. 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 10. 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.

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(1) Is engaged in the business of selling tangible personal property; (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 11. 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.

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(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 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 12. 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 13. 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

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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 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 14. Said title is further amended by revising Code Section 48-8-50, relating to dealer compensation, as follows:

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"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

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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 15. 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

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(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 16. 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.

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(c) The commissioner shall promulgate any rules and regulations necessary to implement this Code section."
SECTION 17. 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 18. 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.

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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.

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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 Streamlined 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 Streamlined Sales and Use Tax Agreement.

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(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 Streamlined 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.
48-8-77. (a) This Code section shall not be construed to impose sales and use tax on any tangible personal property or service which was not subject to such tax prior to January 1, 2011.
(b)(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 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;

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(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. (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

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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 subparagraph (A), (B), or (C) of this paragraph. (c) For the purposes of paragraph (1) of subsection (b) 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. (d)(1) Notwithstanding subsection (b) 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 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

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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 (b) 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. (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.

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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. (e)(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. (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 (b) of this Code section; provided, however, that in the case of a sale of prepaid wireless calling service, the rule provided in subparagraph (b)(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 19. 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:

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"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 in 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 20. Said title is further amended by revising Code Section 48-8-87, relating to sales tax returns, as follows:
"48-8-87. The tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district and of each qualified municipality located wholly or partially therein. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter, except that the joint tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 21. Said title is further amended by revising subsection (h) of Code Section 48-8-96, relating to levy of the joint county and municipal sales and use tax by consolidated governments, as follows:
"(h)(1) In the case of increase from 1 percent to 2 percent, the amount in excess of the initial 1 percent sales and use tax shall not apply to the furnishing for value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale of motor vehicles.

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(2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale of motor vehicles."
SECTION 22. 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 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 in 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

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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. (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 23. Said title is further amended in Code Section 48-8-104, relating to administration of the homestead option sales and use tax, by revising subsection (a) as follows:
"(a) The sales and use tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 24. 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

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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 in 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 25. Said title is further amended by revising Code Section 48-8-113, relating to administration of the county special purpose local option sales and use tax, as follows:
"48-8-113. A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 26. 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.

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(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. (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 27. Said title is further amended by adding a new Code section to read as follows:
"48-7-167. The Georgia members of the Streamlined Sales Tax Governing Board shall be a member of the House of Representatives appointed by the Speaker of the House of Representatives, a member of the Senate appointed by the President Pro Tempore of the Senate, and a designee of the commissioner."
SECTION 28. Said title is further amended in Code Section 48-8-200, relating to definitions regarding the water and sewer projects and costs tax, by revising paragraph (2) as follows:
"(2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2."

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SECTION 29. 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) (a) 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 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

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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 in Code Section 48-8-2; (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 30. 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

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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. (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 31. Said title is further amended by revising Code Section 48-8-204, relating to administration of the water and sewer projects and costs tax, as follows:

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"48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter except that the sales and use tax provided in this article shall be applicable to sales of motor fuels as prepaid local tax as that term is defined by paragraph (5.1) of in Code Section 48-8-2; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50."
SECTION 32. Title 50 of Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-5-82, relating to limitations on contracting for goods, by revising subsection (b) as follows:
"(b) On or after May 13, 2004, the Department of Administrative Services 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."
SECTION 33. This Act shall become effective on January 1, 2011.
SECTION 34. All laws and parts of laws in conflict with this Act are repealed.
Representative O`Neal of the 146th moved that the House adopt the report of the Committee of Conference on HB 1221.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles 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
Collins, D E Collins, T Y Cooper N Cox

Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dodson N Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd E 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 N Harden, M N Hatfield Y Heard Y Heckstall

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 N 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 E 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 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

N 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 N Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT N 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 motion, the ayes were 144, nays 17.

The motion prevailed.

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

Mr. Speaker:

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

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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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Rogers of the 21st, Seabaugh of the 28th, and Smith of the 52nd.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
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 following Senate substitute was read:
A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to revise comprehensively provisions regarding distribution of proceeds and renegotiation of distribution certificates of the joint county and municipal

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sales and use tax; 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 such tax; to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by revising subsection (d) of Code Section 48-8-89, relating to the distribution of proceeds of the joint county and municipal sales and use tax and the renegotiation of distribution certificates, as follows:
"(d)(1) Except as otherwise provided in paragraph (7) of this subsection, a A certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated new distribution certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated new distribution certificate is required within a time certain of the decennial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than before July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the

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call by that date, any eligible municipality may issue the call and so notify the commissioner and all eligible political subdivisions within the special district. (3) Following the commencement of such renegotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve attempts to reach a resolution of the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection.
(4)(A) If the parties necessary to an agreement fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, as required by paragraph (3) of this subsection, any of such parties may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be filed no later than 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of this subsection. Such petition shall be assigned to a judge pursuant to Code Section 15-1-9.1 or 15-6-13 who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. (B) Following the filing of the petition as specified under subparagraph (A) of this paragraph, the county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district shall separately submit to the judge and the other parties a written best and final offer specifying the distribution of the tax proceeds. There shall be one such offer from the county and one such offer from qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. The offer from the county may be an offer representing the county and any qualified municipalities that are not represented in the offer from the qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. (C) Any qualified municipality or municipalities located wholly or partially within the special district who are not a party to an offer under subparagraph (B) of this paragraph, and who represent at least one-half of the aggregate municipal population of all qualified municipalities who are not a party to an offer under subparagraph (B) of this paragraph, shall be authorized to separately submit to the judge and the other parties a written best and final offer specifying the distribution of the tax proceeds. There shall be one such offer from such qualified municipality or municipalities. (D) Each offer under subparagraphs (B) and (C) of this paragraph shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of this Code section. The judge shall conduct such hearings as the judge deems necessary and shall render a decision based on the requirements and

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intent of paragraph (1) of this subsection and the criteria in subsection (b) of this Code section. The judge's decision shall adopt the best and final offer of one of the parties submitted under subparagraphs (B) and (C) of this paragraph specifying the allocation of the tax proceeds and shall also include findings of fact. The judge shall enter a final order containing a new distribution certificate and transmit a copy of it to the commissioner. (E) A final order entered under subparagraph (D) of this paragraph shall be subject to appeal by application upon one or more of the following grounds:
(i) The judge's disregard of the law; (ii) Partiality of the judge; or (iii) Corruption, fraud, or misconduct by the judge or a party. (F) During the process set forth in this paragraph, the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the most recently filed distribution certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new distribution certificate is properly filed. (4)(5) If the renegotiated a new distribution certificate as provided for in paragraph (1) of this subsection Code section is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease, on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in on behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state, and the commissioner shall transfer the proceeds to the state's general fund. (5)(6) If the commissioner receives the renegotiated a new distribution certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated new distribution certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated executed by the parties or the judge or the first day of the second calendar month following the month such certificate was renegotiated executed by the parties or the judge, whichever is sooner. (6)(7) Costs of any conflict resolution under paragraph (3) or (4) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated new distribution certificate.

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(7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9)(8) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (10)(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 48-8-89.1, relating to certification of additional qualified municipalities and lapsing of the tax due to failure to file a new certificate, as follows:
"(b) Within 60 days after the effective date of the notice referred to in subsection (a) of this Code section, a new distribution certificate shall be filed with the commissioner for the special district or, within 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of subsection (d) of Code Section 48-8-89, the county, any qualified municipality located wholly or partially within the special district, or any new qualified municipality as specified under subsection (a) of this Code section located wholly or partially within the special district may file a petition in superior court seeking resolution of the items remaining in dispute pursuant to the procedure set forth in paragraph (4) of subsection (d) of Code Section 48-8-89. In the event such a petition is filed, a new qualified municipality as specified under subsection

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(a) of this Code section located wholly or partially within the special district shall be subject to the same requirements applicable to qualified municipalities located wholly or partially within the special district under paragraph (4) of subsection (d) of Code Section 48-8-89. This The new distribution certificate shall specify by percentage what portion of the proceeds of the tax available for distribution within the special district shall be received by the county in which the special district is located and by each qualified municipality located wholly or partially within the special district, including the new qualified municipality. No distribution certificate may shall contain a total of specified percentages in excess of 100 percent."
SECTION 3. Said chapter is further amended by revising paragraph (3) of subsection (f) of Code Section 48-8-89.1, relating to certification of additional qualified municipalities and lapsing of the tax due to failure to file a new certificate, as follows:
"(3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district or, within 30 days after the last day of the 60 day alternative dispute resolution period required by paragraph (3) of subsection (d) of Code Section 48-8-89, the county, any qualified municipality located wholly or partially within the special district, or any new qualified municipality or newly expanded qualified municipality located wholly or partially within the special district may file a petition in superior court seeking resolution of the items remaining in dispute pursuant to the procedure set forth in paragraph (4) of subsection (d) of Code Section 48-8-89. This The new distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality and newly expanded qualified municipality located wholly or partially within the special district, if any."
SECTION 4. Said chapter is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of the tax, as follows:
"48-8-92. (a) Whenever the governing authority of any county or and the governing authorities of at least one-half of qualified municipality municipalities located wholly or partially within a special district in which the tax authorized by this article is being levied wishes wish to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be discontinued, the such governing authority authorities shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a joint resolution of the governing authority authorities calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the

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election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the 1 percent retail sales and use tax being levied within the ( ) NO special district within ____________ County be terminated?' (b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and all persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax, then the tax shall cease to be levied on the first day of the second calendar quarter following the month in which the commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may shall not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be his such superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election."
SECTION 5. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 5
48-8-230. As used in this article, the term:
(1) 'Cost of project' or 'project costs' means the cost of construction, including without limitation relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project, the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the construction of any project, the placing of the same in operation, or the maintenance and operation of the same. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2.

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(3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. Such an agreement shall include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115. (4) 'Project' means existing or future land public transportation systems, including without limitation: (A) one or more roads or bridges or a system of roads, bridges, and tunnels or maintenance and operations thereof, with access limited or unlimited, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass public transportation or mass public transportation facilities or maintenance and operations thereof and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (5) 'Qualified municipality' has the same meaning as in paragraph (4) of Code Section 48-8-110.
48-8-231. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this article within a special district, the governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the special district transportation projects and costs local option sales tax. (c) Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. (d) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under Article 2 of this chapter.
48-8-232. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article, such

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governing authority shall enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district and shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the proposed tax levy. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing authority voting to impose the tax authorized by this article within the special district shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the transportation projects and costs, separately identified by the county and by each qualified municipality expending proceeds of the tax, for which the proceeds of the tax are to be used and may be expended and specify:
(1) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the transportation projects and costs which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) The levy of a tax pursuant to this article shall be conditioned upon the county adopting a resolution or ordinance provided for in subsection (a) of this Code section, and subsequent to the adoption of such ordinance or resolution, the enactment of a local Act of the General Assembly ratifying such ordinance or resolution and consenting to a referendum in accordance with this subsection. Following the enactment of such local Act, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall issue the call and shall conduct the election on a date in an odd-numbered year only pursuant to subparagraph (C) (2) (A) of Code Section 21-2540 and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such

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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 3682-1, which notice shall not be required.
(c)(1) If the tax is to be imposed and if no debt is to be issued, the ballot shall have written or printed thereon the following:
'( ) YES Shall a special 1 percent sales and use tax be imposed in ___________ County for a period of time not to exceed
( ) NO _____________ and for the raising of not more than $_______ for the following transportation projects and costs: _____________?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:
'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall,

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however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
48-8-233. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county.
48-8-234. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a special district. (2) The governing authority of a county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect following the adoption of a local Act of the General Assembly as described in subsection (b) of Code Section 48-8-232. 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. (3) Following the expiration of a tax under this article, a county may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for initial imposition of such tax.

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48-8-235. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-236. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-237. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution pursuant to the terms of the intergovernmental agreement.
48-8-238. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of

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payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.
48-8-239. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the 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.
48-8-240. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-241. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-242. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8231, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8-231, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county.

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48-8-243. (a)(1) The proceeds received from the tax authorized by this article shall be used by the county and qualified municipalities within the special district exclusively for the transportation projects and costs specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and qualified municipalities receiving proceeds of the tax and shall not in any manner be commingled with other funds of such county or qualified municipalities prior to the expenditure. (2) The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution or ordinance so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and ordinance or resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the tax received

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in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the county as agent for the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-233 by reason of denial of validation of debt, then all net proceeds received by the county as agent of the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes.
48-8-244. The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is

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underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Willard of the 49th moves to amend the Senate substitute to HB 991 by striking "to provide an effective date;" and inserting in its place "to provide for effective dates and a contingency;" on lines 11 and 12.
By inserting between lines 281 and 282 the following:
(e) No referendum shall be conducted and no sales and use tax shall be levied in a special district under this article unless the county whose boundary is conterminous with that of a special district under this article is located within a special district under Article 5 of this chapter in which a regional special district transportation sales and use tax has been approved in a referendum under Code Section 48-8-244.
By striking "ARTICLE 5" and inserting in its place "ARTICLE 6" on line 232.
By striking "48-8-230." and inserting in its place "48-8-280." on line 233.
By striking "48-8-231." and inserting in its place "48-8-281." on line 262.
By striking "48-8-232." and inserting in its place "48-8-282." on line 282.
By striking "48-8-233." and inserting in its place "48-8-283." on line 371.
By striking "48-8-234." and inserting in its place "48-8-284." on line 375.
By striking "48-8-232." and inserting in its place "48-8-282." on line 401.
By striking "48-8-235." and inserting in its place "48-8-285." on line 407.
By striking "48-8-236." and inserting in its place "48-8-286." on line 423.
By striking "48-8-237." and inserting in its place "48-8-287." on line 430.

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By striking "48-8-238." and inserting in its place "48-8-288." on line 439.

By striking "48-8-239." and inserting in its place "48-8-289." on line 451.

By striking "48-8-240." and inserting in its place "48-8-290." on line 458.

By striking "48-8-241." and inserting in its place "48-8-291." on line 470.

By striking "48-8-242." and inserting in its place "48-8-292." on line 474.

By striking "48-8-231" and inserting in its place "48-8-281" on lines 475 and 477.

By striking "48-8-243." and inserting in its place "48-8-293." on line 482.

By striking "48-8-233." and inserting in its place "48-8-283." on line 542.

By striking "48-8-244." and inserting in its place "48-8-294." on line 552.

By striking lines 566 and 567 and inserting in their place the following:

(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 January 2, 2011; provided, however, that Section 5 of this Act shall only become effective if Section 6 of the Transportation Investment Act of 2010 is passed, becomes law, and becomes effective on or before January 1, 2011; otherwise, Section 5 of this Act shall be void and shall be automatically repealed on January 2, 2011.

Representative Willard of the 49th moved that the House agree to the Senate substitute, as amended by the House, to HB 991.

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 N Austin N Baker N Barnard N Battles N Bearden N Beasley-Teague

N Crawford N Davis N Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dodson N Dollar N Dooley N Drenner N Dukes

N Hembree N Henson N Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs

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

N Scott, M N Sellier N Setzler N Shaw N Sheldon N Sims, B
Sims, C E Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L

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

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

E James N Jerguson N Johnson N Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Kidd N Knight N Knox N Lane, B E Lane, R N Levitas N Lindsey N Long N Loudermilk
Lucas Lunsford N Maddox, B N Maddox, G N Mangham N Manning

N Morris N Mosby N Murphy N Neal N Nix N Oliver N O'Neal N Parrish N Parsons N Peake N Porter N Powell, A N Powell, J N Pruett N Purcell N Ramsey N Randall N Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A

N Smith, R N Smith, T N Smyre N Stephens, M
Stephens, R N Stephenson N Stout N Talton N Taylor N Teilhet E Thomas N Thompson
VACANT N Walker N Weldon N Wilkinson Y Willard
Williams, A Williams, E N Williams, M N Williams, R N Wix Y Yates Ralston, Speaker

On the motion, the ayes were 5, nays 157.

The motion was lost.

The House has disagreed.

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.

The following Senate amendment was read:

The Senate moves to amend the committee substitute to SB 148 (LC 36 1682S) by striking all matter on lines 258 through 305 and inserting in place thereof the following:
50-4-21. (a) The Senate and House appropriations committees meeting jointly shall constitute the Legislative Sunset Committee.

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(b) As used in this article, the term 'committee' means the Legislative Sunset Committee. (c) In carrying out its function under this article, the committee 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 committee and may be required to appear before the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency. All records, documents, and files requested by the committee shall be made available by the agency to the committee for review and copying within three business days.
50-4-22. (a) The committee 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 committee 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 committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (b) Where a report of review issued by the the committee under Code Section 50-4-24 finds that an agency should be automatically abolished as provided in this Code section, the report of review shall be filed by the committee with the Secretary of State, the Secretary of the Senate, and the Clerk of the House of Representatives. Where a report of review issued by the the committee finds that an agency should be so abolished, the agency shall be abolished by operation of law on July 1 following the next regular session of the General Assembly which follows the filing of the report of review issued by the committee, unless the General Assembly by law continues the agency prior to that July 1. When an agency is so abolished, the general appropriations Act or amended general appropriations Act adopted at the regular session prior to the abolishment of the agency may designate the agency to which any assets and obligations of the abolished agency shall be transferred; and in the absence of such designation in an appropriations Act, the transfer shall be as directed by the Governor. (c) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (b) of this Code section. Following the review and recommendations of the committee, the committee shall report to the General Assembly any recommended constitutional amendment needed for the reorganizing or abolishing of such constitutionally created agency. (d) 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.
By striking all matter on lines 392 through 398 and inserting in place thereof the following:

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(c) In its report of review, the committee may make a finding that the agency should be automatically abolished as provided in Code Section 50-4-22, in which case the provisions of that Code section shall apply. (d) In the absence of a finding that the agency should be automatically abolished, the committee may make recommendations on the abolition, continuation, or reorganization of such agency and on the need for the continuation of the functions of such agency. The report of review may also make recommendations on the consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency. It shall be the responsibility of the committee to prepare drafts of legislation necessary to carry out the committee's recommendations under this subsection."

Representative Sheldon of the 105th moved that the House agree to the Senate amendment to the House substitute to SB 148.

On the motion, the roll call was ordered and the vote was as follows:

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

Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs N Dodson Y Dollar
Dooley Y Drenner N Dukes E Ehrhart Y England N Epps, C N Epps, J Y Everson Y Floyd E Fludd Y Franklin N Frazier N Fullerton
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 N Heard Y Heckstall

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

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

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

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On the motion the ayes were 117, nays 35.
The motion prevailed.
Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.
Representative Horne of the 71st moved that the House adhere to its position in insisting on its substitute to SB 308 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Horne of the 71st, Setzler of the 35th and Golick of the 34th.
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.

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The following Senate substitute was read:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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, is amended by revising subsections (a), (d), (f), and (g) as follows:
"(a) There shall be issued beginning July 1, 2007, special 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 shall be issued in this state. The license plate shall be officially designated as the Gold Star license plate." "(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 Upon payment of all ad valorem taxes and other fees due at registration of a motor vehicle an eligible family member may apply for a Gold Star license plate. In order to qualify as a an eligible family member, the person must be directly related to the fallen service member as a spouse or legal mother or father, mother, father, sibling, child, step-parent, grandparents or step-grandparents. One free license plate shall be allowed for the spouse, mother, and father, and they may purchase additional license plates for each motor vehicle they register in this state. Siblings, children, step-parents, grandparents or step-grandparents may purchase Gold Star license plates for motor vehicles registered in this state. The cost of a Gold Star license plate shall be established by the department, but shall not exceed the cost of other specialty license plates. 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." "(f) The A free Gold Star license plate shall be issued only to family members the spouse, mother, and father of service members who resided in Georgia at the time of the death of the service member. However, an eligible family member who was not a

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resident of Georgia at the time of the death of the service member may purchase a Gold Star license plate, at a cost to be established by the department, not to exceed the cost of other specialty license plates. (g) Renewal decals shall be issued at no cost to the eligible family member any person that received a free license plate under the provisions of this Code section 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 person. If the eligible family member person 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."

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 following amendment was read and adopted:

Representative Horne of the 71st moves to amend the Senate substitute to HB 1012 by adding "or" after "child," on line 24 and after "children," on line 27.

By deleting ", grandparents or step-grandparents" on lines 25, 27, and 28.

By adding ", except for nonresident siblings," after "member" on line 36.

Representative Horne of the 71st moved that the House agree to the Senate substitute, as amended by the House, to HB 1012.

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

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

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
Jerguson Y Johnson
Jones, J

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 Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B
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

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Y Brooks E Bruce
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 E Collins, T Y Cooper Y Cox

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

Y Jones, S Jordan
Y Kaiser Y Keen Y Keown Y Kidd
Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham Y Manning

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 Stephens, R Y Stephenson Y Stout 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
Williams, R Y Wix
Yates Ralston, Speaker

On the motion, the ayes were 153, nays 0.

The motion prevailed.

Representative Heard of the 114th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

Representative O`Neal of the 146th moved that the House insist on its position in disagreeing to the Senate substitute to HB 982 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

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Representatives O`Neal of the 146th, Roberts of the 154th and Morris of the 155th.
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Representative Knight of the 126th moved that the House insist on its position in disagreeing to the Senate substitute to HB 335 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Knight of the 126th, Scott of the 2nd and O`Neal of the 146th.
The Speaker announced the House in recess until 7:30 o'clock, this evening.
The Speaker called the House to order.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:

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SB 99. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
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.
Mr. Speaker:
The Senate adheres to its amendments to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:
SB 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.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Wiles of the 37th, Cowsert of the 46th, and Smith of the 52nd.

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Mr. Speaker:
The Senate recedes from its substitute to the following bill of the House:
HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th:
A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 2254. By Representative Teilhet of the 40th:
A RESOLUTION honoring the world-wide victims of genocide and recognizing April 24, 2010, as Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; and for other purposes.
HR 2255. By Representatives Smith of the 113th and Martin of the 47th:
A RESOLUTION recognizing and commending Mr. Tino Mantella; and for other purposes.
HR 2256. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Roy Roberts; and for other purposes.
HR 2257. By Representatives Smith of the 113th, Gardner of the 57th, Harbin of the 118th, Heard of the 114th, McKillip of the 115th and others:
A RESOLUTION recognizing and commending the Georgia Writers Hall of Fame; and for other purposes.
HR 2258. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Wendell T. Dawson; and for other purposes.

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JOURNAL OF THE HOUSE

HR 2259. By Representatives Beasley-Teague of the 65th, Bell of the 58th, Williams of the 89th, Frazier of the 123rd, Sinkfield of the 60th and others:
A RESOLUTION recognizing and commending Apostle Sylvia J. Toney on the occasion of her 21st pastoral anniversary; and for other purposes.
HR 2260. By Representatives Harbin of the 118th, Burkhalter of the 50th, Talton of the 145th and Cheokas of the 134th:
A RESOLUTION recognizing and commending Representative Bob Smith; and for other purposes.
HR 2261. By Representatives Kidd of the 141st and Powell of the 29th:
A RESOLUTION recognizing and commending Mr. Ed Holcombe for outstanding public service; and for other purposes.
HR 2262. By Representatives Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Sinkfield of the 60th and Jones of the 44th:
A RESOLUTION commending Delta Sigma Theta Sorority, Inc., and recognizing March 1, 2010, as Delta Day at the state capitol; and for other purposes.
HR 2263. By Representative Walker of the 107th:
A RESOLUTION recognizing and commending Kirubel Erassa; and for other purposes.
HR 2264. By Representative Smith of the 168th:
A RESOLUTION recognizing the Georgia Great Steak Cook-off in Jeff Davis County as the official Steak Cook-off Championship Competition for the State of Georgia; and for other purposes.
HR 2265. By Representatives Mosby of the 90th and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Marlene C. Stiggers; and for other purposes.
HR 2266. By Representatives Smith of the 168th, Ralston of the 7th, Parrish of the 156th, Stephens of the 164th, Keen of the 179th and others:

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A RESOLUTION recognizing and commending Alfredo's Italian Restaurant and owner Mr. Francisco "Perry" Alvarez, Jr.; and for other purposes.
HR 2267. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Young Heart of the Community Award Winner Jennifer Scott; and for other purposes.
HR 2268. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winner Gail McGill Johnson; and for other purposes.
HR 2269. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winner David Smith; and for other purposes.
HR 2270. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winner Denise Downer-McKinney; and for other purposes.
HR 2271. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winners Pete Roberts and the late Mary Lee Roberts; and for other purposes.
HR 2272. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winner John Pillsbury; and for other purposes.
HR 2273. By Representative Smith of the 168th:
A RESOLUTION honoring the life, memory, and legacy of Mr. Zene William Kirkland; and for other purposes.
HR 2274. By Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd, Mosby of the 90th and Stephenson of the 92nd:

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JOURNAL OF THE HOUSE

A RESOLUTION honoring the life and memory of Deacon DeWayne Walker; and for other purposes.
HR 2275. By Representatives Beasley-Teague of the 65th, Dawkins-Haigler of the 93rd, Mosby of the 90th, Stephenson of the 92nd and Brooks of the 63rd:
A RESOLUTION celebrating the life of Mama Omo Oba Bernice Olusola Onabanjo Nee Otubushin; and for other purposes.
HR 2276. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending 24th Annual Heart of the Community Award Winner Martha Bryant Summerbell; and for other purposes.
HR 2277. By Representatives Beasley-Teague of the 65th, Dukes of the 150th, Heard of the 114th, Taylor of the 55th, Abrams of the 84th and others:
A RESOLUTION recognizing and commending Ms. Renee Pellom on 19 years of service to the State of Georgia; and for other purposes.
HR 2278. By Representatives Dukes of the 150th, Williams of the 89th, Everson of the 106th and Fullerton of the 151st:
A RESOLUTION recognizing and commending Dr. Wilburn A. Campbell, Jr., on the occasion of his retirement; and for other purposes.
HR 2279. By Representatives Beasley-Teague of the 65th, Dukes of the 150th, Heard of the 114th, Taylor of the 55th, Abrams of the 84th and others:
A RESOLUTION recognizing and commending Reverend Henry White; and for other purposes.
HR 2280. By Representatives Mangham of the 94th, Sinkfield of the 60th, Stephenson of the 92nd, Mosby of the 90th, Beasley-Teague of the 65th and others:
A RESOLUTION commending the International Dance Commission; and for other purposes.
HR 2281. By Representatives Wix of the 33rd, Hugley of the 133rd, Randall of the 138th, Ashe of the 56th, Teilhet of the 40th and others:

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A RESOLUTION honoring and commending Representative DuBose Porter; and for other purposes.
HR 2282. By Representative Allison of the 8th:
A RESOLUTION recognizing and commending Mr. Jim McAfee; and for other purposes.
HR 2283. By Representatives Coan of the 101st and Keen of the 179th:
A RESOLUTION recognizing and commending Mr. Billy Currington; and for other purposes.
HR 2284. By Representatives Mangham of the 94th, Smyre of the 132nd, Randall of the 138th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd and others:
A RESOLUTION honoring the life and memory of Mr. Elmo Collins; and for other purposes.
HR 2285. By Representatives Smyre of the 132nd, Ralston of the 7th, Porter of the 143rd, Keen of the 179th, Hugley of the 133rd and others:
A RESOLUTION recognizing and commending the Atlanta Hawks' Joe Johnson; and for other purposes.
HR 2286. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Dukes of the 150th, Williams of the 89th, Stephenson of the 92nd and others:
A RESOLUTION recognizing and commending Reverend Beverly Rollins on 24 years of service to the State of Georgia and local communities; and for other purposes.
HR 2287. By Representative Mosby of the 90th:
A RESOLUTION recognizing and commending Mrs. Georgianna S. Hendrix; and for other purposes.
HR 2288. By Representatives Jacobs of the 80th and Levitas of the 82nd:
A RESOLUTION commending Rabbi Kalmen M. Rosenbaum; and for other purposes.

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HR 2289. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Devereux United Methodist Church on the occasion of the 100th anniversary of its sanctuary; and for other purposes.
HR 2290. By Representatives O`Neal of the 146th, Keen of the 179th, Ralston of the 7th, Roberts of the 154th, Geisinger of the 48th and others:
A RESOLUTION commending Lindsey Napier; and for other purposes.
HR 2291. By Representatives Jacobs of the 80th and Levitas of the 82nd:
A RESOLUTION commending Torah Day School of Atlanta; and for other purposes.
HR 2292. By Representatives Dempsey of the 13th and Reece of the 11th:
A RESOLUTION commending Lauren Collins, Armuchee High School's 2010 STAR Student; and for other purposes.
HR 2293. By Representatives Dempsey of the 13th and Reece of the 11th:
A RESOLUTION commending Mrs. Leigha Burnham, Armuchee High School's 2010 STAR Teacher; and for other purposes.
HR 2294. By Representatives Smyre of the 132nd, Ralston of the 7th, Porter of the 143rd, Keen of the 179th, Hugley of the 133rd and others:
A RESOLUTION recognizing and commending the Atlanta Hawks' Al Horford; and for other purposes.
HR 2295. By Representatives Wix of the 33rd, Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th and others:
A RESOLUTION recognizing Representative Rob Teilhet for his service to the Georgia House of Representatives; and for other purposes.
HR 2296. By Representatives Carter of the 175th, Black of the 174th, Shaw of the 176th and Pruett of the 144th:
A RESOLUTION recognizing and commending Mr. William Wesley Taylor, Lowndes High School Principal; and for other purposes.

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HR 2297. By Representatives Wix of the 33rd, Teilhet of the 40th and Johnson of the 37th:
A RESOLUTION honoring the life and memory of Rajaan Jhakari Bennett; and for other purposes.
HR 2298. By Representatives Smith of the 113th, Harbin of the 118th and Burkhalter of the 50th:
A RESOLUTION honoring the lives and memories of Mr. Francis Colclough Smith and Mrs. Marjorie Robie Smith; and for other purposes.
HR 2299. By Representatives Golick of the 34th and Ramsey of the 72nd:
A RESOLUTION commending and congratulating the Georgia State University College of Law Moot Court Team; and for other purposes.
HR 2300. By Representatives Golick of the 34th, Parsons of the 42nd, Wix of the 33rd, Johnson of the 37th, Ehrhart of the 36th and others:
A RESOLUTION recognizing and commending Mrs. Kelly Bramblett for outstanding contributions to education in the State of Georgia; and for other purposes.
HR 2301. By Representatives Bruce of the 64th, Williams of the 165th and Brooks of the 63rd:
A RESOLUTION recognizing and commending Ms. Carolyn Lee Hart on the occasion of her retirement; and for other purposes.
HR 2302. By Representatives Bruce of the 64th, Williams of the 165th and Brooks of the 63rd:
A RESOLUTION recognizing and commending Minnie Jenkins-Miller, outstanding Georgia citizen and educator, on the occasion of her retirement; and for other purposes.
HR 2303. By Representative Ashe of the 56th:
A RESOLUTION commending Michael Morgan; and for other purposes.

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HR 2304. By Representative Kidd of the 141st:
A RESOLUTION recognizing and commending Ms. Joan Minton on the occasion of her retirement as Baldwin County Manager; and for other purposes.
HR 2305. By Representative Houston of the 170th:
A RESOLUTION recognizing and commending Ms. Jo Ann Jackson on the occasion of her retirement; and for other purposes.
HR 2306. By Representatives Collins of the 27th, Mills of the 25th, Rogers of the 26th and Kidd of the 141st:
A RESOLUTION recognizing the sport of Power Soccer, the United States Power Soccer Association, and the 2009 Division II Southeastern League Champions, the North Georgia Screamin' Eagles; and for other purposes.
HR 2307. By Representatives O`Neal of the 146th and Talton of the 145th:
A RESOLUTION commending Ned M. Sanders; and for other purposes.
HR 2308. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Miss Junior South 2010 LeDasha Jackson; and for other purposes.
HR 2309. By Representative Ashe of the 56th:
A RESOLUTION recognizing and commending David A. VanderMeer for his outstanding service; and for other purposes.
HR 2310. By Representative Ashe of the 56th:
A RESOLUTION recognizing and commending Reverend Gary Wayne Charles for his outstanding ministry; and for other purposes.
HR 2311. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Phillip Lee Williams on his induction into the Georgia Writers Hall of Fame; and for other purposes.

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HR 2312. By Representatives Abdul-Salaam of the 74th, Frazier of the 123rd, Morgan of the 39th, Brooks of the 63rd, Abrams of the 84th and others:
A RESOLUTION commending Ms. Dottie Peoples; and for other purposes.
HR 2313. By Representatives Beasley-Teague of the 65th, Dukes of the 150th, Heard of the 114th, Taylor of the 55th, Abrams of the 84th and others:
A RESOLUTION recognizing and commending Ms. Ivy J. Green on a lifetime of service to the State of Georgia; and for other purposes.
HR 2314. By Representative Lindsey of the 54th:
A RESOLUTION recognizing and commending Caroline Roberts; and for other purposes.
HR 2315. By Representative Lindsey of the 54th:
A RESOLUTION recognizing and commending Sarah McCauley; and for other purposes.
HR 2316. By Representative Purcell of the 159th:
A RESOLUTION congratulating the City of Port Wentworth on being named a Purple Heart City; and for other purposes.
HR 2317. By Representative Purcell of the 159th:
A RESOLUTION honoring the life and memory of Mr. Albert "Al" Milton Cook; and for other purposes.
HR 2318. By Representative Lindsey of the 54th:
A RESOLUTION recognizing and commending Winshanai Gandy; and for other purposes.
HR 2319. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Mr. Sophomore South 2010 Chris Hambie; and for other purposes.

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HR 2320. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Miss Sophomore South 2010 Cidney A. Riley; and for other purposes.
HR 2321. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Miss South 2010 Caitlin Zumbro; and for other purposes.
HR 2322. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Mr. Junior South 2010 Richard Shankle; and for other purposes.
HR 2323. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending South Gwinnett High School's Mr. South 2010 Eric Callaway; and for other purposes.
HR 2324. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Ms. Jennifer Williams for outstanding contributions to education in the State of Georgia; and for other purposes.
HR 2325. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Ms. Janda Kaye Canalis for outstanding contributions to education in the State of Georgia; and for other purposes.
HR 2326. By Representative Dempsey of the 13th:
A RESOLUTION commending Mrs. Beth Wilson, Darlington School's 2010 STAR Teacher; and for other purposes.
HR 2327. By Representative Dempsey of the 13th:
A RESOLUTION commending A.J. White, Darlington School's 2010 STAR Student; and for other purposes.

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HR 2328. By Representative Dempsey of the 13th:
A RESOLUTION commending Mrs. Kelly Dooley, Model Middle School's 2010 STAR Teacher; and for other purposes.
HR 2329. By Representative Dempsey of the 13th:
A RESOLUTION commending Mr. Andy Blackburn, Rome High School's 2010 STAR Teacher; and for other purposes.
HR 2330. By Representative Dempsey of the 13th:
A RESOLUTION commending Kerem Trolander, Rome High School's 2010 STAR Student; and for other purposes.
HR 2331. By Representative Dempsey of the 13th:
A RESOLUTION commending Sarah Kaye Lively, Model Middle School's 2010 STAR Student; and for other purposes.
HR 2332. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Michael J. Eckert; and for other purposes.
HR 2333. By Representatives Beasley-Teague of the 65th, Dukes of the 150th, Heard of the 114th, Taylor of the 55th, Brooks of the 63rd and others:
A RESOLUTION recognizing and commending Reverend C.L. Carter; and for other purposes.
HR 2334. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Walker of the 107th, Greene of the 149th and Smith of the 122nd:
A RESOLUTION recognizing and commending Mr. Carl Porter Beasley on 30 years of service to local communities and the State of Georgia; and for other purposes.
HR 2335. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Taylor of the 55th, Fludd of the 66th and Greene of the 149th:
A RESOLUTION honoring and celebrating the 88th birthday of Mr. G. Duke Beasley; and for other purposes.

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JOURNAL OF THE HOUSE

HR 2336. By Representatives Pruett of the 144th, Ramsey of the 72nd and Knight of the 126th:
A RESOLUTION recognizing and commending the Honorable James "Jim" Malcolm Cole III; and for other purposes.
HR 2337. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Brooks of the 63rd, Abrams of the 84th and Greene of the 149th:
A RESOLUTION recognizing and commending those who assist with the Back to School Jam in South Fulton County; and for other purposes.
HR 2338. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Greene of the 149th and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Austin Taylor, Sr., and designating Austin Taylor, Sr., Day in Georgia; and for other purposes.
HR 2339. By Representative Mangham of the 94th:
A RESOLUTION recognizing and commending the members of the Board of Directors of the Faith and Clergy Commission; and for other purposes.
HR 2340. By Representative O`Neal of the 146th:
A RESOLUTION commending Elaine Myers; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 550. By Senator Butterworth of the 50th:
A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to change the terms of future members of the city council and provide for future election dates; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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SB 551. By Senator Butterworth of the 50th:
A BILL to be entitled an Act to amend an Act incorporating Mountain City in Rabun County, approved August 22, 1907 (Ga. L. 1907, p. 827), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3751), so as to annex certain territory to the city and change the corporate limits of the city; to provide for submission for preclearance under the federal Voting Rights Act of 1965; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 790. By Representative Chambers of the 81st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), is amended by revising Section 2.04 as follows:
"Section 2.04. Mayor Pro-tem. The council at the first regular meeting in January of each year shall elect from its membership a Mayor Pro-tem for a term of one year. Upon the Council's failure to elect a Mayor Pro-tem at its first regular meeting in January of each year, the incumbent councilman not up for election at the previous election who received the highest number of votes, when last elected, shall be declared the Mayor Pro-tem. The Mayor Pro-tem shall perform the duties of the Mayor during his absence from the City or his disability."
SECTION 2. Said Act is further amended by revising Section 3.02 as follows:

"Section 3.02. Judge of Municipal Court. The Council shall elect a judge and make him presiding officer of said court. The judge so elected shall be a duly licensed attorney and a member of the State Bar of Georgia, shall serve at the pleasure of the Council, and his compensation shall be fixed by the Council. The Council shall appoint such other judges, meeting the same required qualifications as set out above, to serve in said municipal court as it shall deem necessary. Before entering on duties of his office, any judge of the municipal court shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the Council."
SECTION 3. Said Act is further amended by revising Section 3.03 as follows:
"Section 3.03. Powers; Maximum Penalty; Contempt. The judge of the municipal court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Doraville and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; and also to punish for contempt. The judge of municipal court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Doraville passed in accordance

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with its charter consistent with the limitations provided for municipal corporations in O.C.G.A. Code Sections 36-32-5 and 36-35-6, or to sentence offenders to labor on the streets or other public works of the City of Doraville for not more than thirty (30) days. Said judge shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and to issue subpoenas for these purposes, and to issue such other processes as may be necessary to the proper administration of said Court, and to punish for contempt in a manner consistent with general law."
SECTION 4. Said Act is further amended by revising Section 3.05 as follows:
"Section 3.05. Right of Appeal. Be it further enacted, that the right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of DeKalb County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have thirty (30) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding."
SECTION 5. Said Act is further amended by revising Section 5.08 as follows: "(a) The mayor and councilmembers in office as of the effective date of this Act shall serve until the end of their current terms. The successors for the mayor and councilmembers currently serving shall be elected in the election held on the Tuesday following the first Monday of November in the year the terms for such mayor and councilmembers expire. Notwithstanding the provisions of this subsection, there shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two members of the councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. (c) There shall be three city election districts in the City of Doraville, and two councilmen shall represent each district, and shall reside in the district which they represent. The city election districts shall be as follows:
(1) District One shall consist of all that part of the city lying north and west of the Southern Railroad Main Line. (2) District Two shall consist of all the part of the city lying south and east of the Buford Highway, and south of Interstate Highway I-285.

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(3) District Three shall consist of all that part of the city lying south and east of the Southern Railroad Main Line between the Southern Railroad Main Line and the Buford Highway, and all of that part of the city lying east of the Buford Highway and North of Interstate Highway I-285. (d) Candidates for the district posts must live in the district which they seek to represent but all elections shall be at large in the City. (e) In instances where no candidate for mayor or for any council seat receives a majority of the votes cast at the election held on the first Tuesday following the first Monday in November, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held in accordance with state law. The candidate for mayor or for any council seat receiving a majority of the votes cast in such runoff election shall be declared the winner."
SECTION 6. Said Act is further amended by revising Section 5.09 as follows:
"Section 5.09. Terms of Office. The terms of office of the Mayor and councilmen shall begin on the first day of January next succeeding the election, shall continue for four years and until their successors are elected and qualified."
SECTION 7. This Act shall become effective on January 1, 2011.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
HB 1490. By Representative Crawford of the 16th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cedartown 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 Senate amendment was read:
The Senate moves to amend HB 1490 by striking "19" and inserting in its place "6-2010" on lines 17 and 21.
By striking "December 14, 2009," and inserting in its place "April 28, 2010," on line 16.

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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 or amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
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
Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole
Coleman Y Collins, D E 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 E Ehrhart Y England Y Epps, C Y Epps, J
Everson Floyd E 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 Hembree Y Henson
Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson
Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown Y Kidd Y Knight
Knox Y Lane, B E Lane, R Y Levitas Y Lindsey
Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell
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
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Sims, B
Sims, C E 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
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

On the passage of the Bills, and on the agreement to the Senate substitute or amendment, the ayes were 142, nays 0.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute or amendment.

Representative Mills of the 25th would like to be recorded as voting "nay" on HB 1490.

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The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 454

The Committee of Conference on SB 454 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 454 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John Douglas Senator, 17th District

/s/ Edward Lindsey Representative, 54th District

/s/ Jeff Mullis Senator, 53rd District

/s/ Tom Rice Representative, 51st District

/s/ Ronnie Chance Senator, 16th District

/s/ Jim Cole Representative, 125th District

A BILL

To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to revise definitions; to provide for classes of machines, location licenses, fees, procedures for collection and refunds, display of certificates, contents of certificates and stickers, duplicate permits, and late fees; to provide for the terms and conditions of location licenses and annual fees for additional machines; to provide that applications for licenses and permits are open to public inspection; to provide for issuance, renewal, denial, suspension, and revocation of such licenses and permits; to provide for the continued validity of prior existing obligations to the state; to provide that this Act shall not affect offenses committed or prosecutions begun under preexisting law; to change provisions relating to the maximum percentage of income derived from bona fide coin operated amusement machines; to provide for

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penalties for violations by business owners or operators; to amend Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, so as to revise a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of bona fide coin operated amusement machines, is amended by adding new paragraphs to Code Section 48-17-1, relating to definitions, to read as follows:
"(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine and:
(A) Provides no reward to a successful player; or (B) Rewards a successful player with free replays or additional time to play. (2.3) 'Class B machine' means a bona fide coin operated amusement machine that rewards a successful player with any combination of items listed in subparagraphs (d)(1)(B) and (d)(1)(C) of Code Section 16-12-35." "(3.1) 'Location license' means the initial and annually renewed license which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally any such machine in this state. (3.2) 'Location license fee' means the fee paid to obtain the location license." "(7.1) 'Single play' or 'one play' means the completion of a sequence of a game, or replay of a game, where the player receives a score and from the score the player can secure free replays, merchandise, points, tokens, vouchers, tickets, or other evidence of winnings as set forth in subsection (c) or (d) of Code Section 16-12-35. A player may, but is not required to, exchange a score for rewards permitted by subparagraphs (A), (B), (C), and (D) of paragraph (d)(1) of Code Section 16-12-35 after each play." "(9) 'Slot machine or any simulation or variation thereof' means any contrivance which, for a consideration, affords the player an opportunity to obtain money or other thing of value, the award of which is determined solely by chance, whether or not a prize is automatically paid by the contrivance. (10) 'Successful player' means an individual who wins on one or more plays of a bona fide coin operated amusement machine. (11) 'Temporary location permit' means the permit which every business owner or business operator must purchase and display in the location where one or more bona fide coin operated amusement machines are available for commercial use by the public for play in order to operate legally the machine or machines in this state for seven days or less. Such temporary location permits shall be subject to the same regulations and conditions as location licenses."

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SECTION 2. Said chapter is further amended by revising Code Section 48-17-2, relating to license fees, as follows:
"48-17-2. (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. For Class A machines: (A) For five or fewer machines, the owner shall pay a master license fee of $250.00 $500.00. (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.
(B) For six or more machines but not more than 60 machines, the owner shall pay a master license fee of $2,000.00. 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 $1,500.00; or (3)(C) Level three license. For 61 or more machines, the owner shall pay a master license fee of $2,500.00 $3,500.00; and (2) For any number of Class B machines, the owner shall pay a master license fee of $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 Code section 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 for a level one license, $1,050.00 for a level two license, or $1,750.00 for a level three license for the period from July 1 to June 30. 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 Code section 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 license or permit period. (a.1) Every business owner or business operator shall pay an annual location license fee for each bona fide coin operated amusement machine offered to the public for play. The annual location license fee shall be $25.00 for each Class A machine and $125.00 for each Class B machine. The annual location license fee levied by this Code section shall be collected by the commissioner on an annual basis from July 1 to June 30. The location license fee shall be paid to the commissioner by company check, cash,

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cashier's check, or money order. Upon payment, the commissioner shall issue a location license certificate that shall state the number of bona fide coin operated amusement machines permitted for each class without further description or identification of specific machines. The commissioner may establish procedures for location license fee collection and set due dates for payment of such fees. No refund or credit of the location license fee shall be allowed to any business owner or business operator who ceases to offer bona fide coin operated amusement machines to the public for commercial use prior the end of any license period. (b) A copy of an owner's master license and the business owner's or business operator's location license shall be prominently displayed at all locations where the owner has and business owner or business operator have bona fide coin operated amusement machines available for commercial use and for play by the public to evidence the payment of the fee fees levied under this Code section. (c) Each master license and each location license shall not list the name and address of the owner but shall have a control number which corresponds with the control number issued on the permit sticker to allow for effective monitoring of the licensing and permit system or business owner or business operator, as applicable. (d) The commissioner may provide a duplicate original master license certificate or location license certificate if the original master license certificate has been lost, stolen, or destroyed. The fee for a duplicate original master license certificate is $100.00. If the original master license certificate is lost, stolen, or destroyed, a sworn, written statement must be submitted explaining the circumstances by which the master license certificate was lost, stolen, or destroyed and including the number of the lost, stolen, or destroyed master license certificate, if applicable, before a duplicate original master license certificate can be issued. A master license certificate for which a duplicate master license certificate has been issued is void. (e) A master license or permit issued under this chapter Code section:
(1) Is effective for a single business entity; (2) Vests no property or right in the licensee holder of the license or permit except to conduct the licensed or permitted business during the period the license or permit is in effect; (3) Is nontransferable, nonassignable by and between owners or business owners and business operators, and not subject to execution; and (4) Expires upon the death of an individual licensee holder of a license or permit or upon the dissolution of any other licensee holder of a license or permit. (f) An application for the renewal of a license or permit must be made to the commissioner by December June 1 of each year. (g) Acceptance of a master license or permit issued under this chapter Code section constitutes consent by the licensee and the business owner or business operator of the business where bona fide coin operated amusement machines are available for commercial use and for play by the public that the commissioner or his the commissioner's agents may freely enter the licensed business premises where the

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licensed and permitted machines are located during normal business hours for the purpose of ensuring compliance with this chapter. (h) An application for a master license or permit to do business under this chapter shall contain a complete statement regarding the ownership of the business to be licensed or the business where the permitted machines are to be located. This statement of ownership shall specify the same information that is required of by the application to secure a sales tax number for the State of Georgia. (i) The An application for a master license shall be accompanied by either the annual or semiannual fee plus the required permit fee due for each machine. Additional per machine permits can be purchased during the year if needed by the owner. An application for a location license shall be accompanied by the appropriate fee. (j) The statement of ownership information which is contained in the application will be treated in the same manner as sales tax information records maintained by the department An application is subject to public inspection. (k) A renewal application filed on or after January July 1, but before the master license expires, shall be accompanied by a late fee of $125.00. If an owner's master license has been expired for more than 90 days, the owner may not renew the master license. A master license or location license that has been expired for more than 90 days may not be renewed. In such a case, the owner shall obtain a new master license or the business owner or business operator shall obtain a new location license, as applicable, by complying with the requirements and procedures for obtaining an original master license or location license. (l) An owner A holder of a license who properly completes the application and remits all fees with it by the due date may continue to operate bona fide coin operated amusement machines after the expiration date if its license or permit renewal has not been issued, unless the licensee holder of the license is notified by the commissioner prior to the license expiration date of a problem with the license renewal. (m) Holders of location licenses and temporary location permits shall be subject to the same provisions of this chapter with regard to refunds, license renewals, license suspensions, and license revocations as are holders of master licenses."
SECTION 3. Said chapter is further amended by revising Code Section 48-17-9, relating to payment and collection of annual permit fee, as follows:
"48-17-9. (a) Every owner, except an owner holding a coin operated amusement 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 an annual permit fee of $25.00 per for each bona fide coin operated amusement machine in the amount of $25.00 for each Class A machine and $125.00 for each Class B 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 payment for each bona fide coin operated amusement machine. The

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annual fees levied by this chapter will shall be collected by the commissioner on an annual basis for the period from July 1 to June 30. 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 bona fide coin operated amusement machine prior to the end of any calendar year license or permit period. (b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another in the same class and from location to location so long as all machines in commercial use available for play by the public have a sticker of the correct class and the owner uses the stickers only for machines that it owns. (c) Each permit sticker shall not list the name of the owner but shall have a control number which corresponds with the control number issued on the master license certificate to allow for effective monitoring of the licensing and permit system. Permit stickers are only required for bona fide coin operated amusement machines in commercial use available to the public for play at a location. (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. 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 4. Said chapter is further amended by revising Code Section 48-17-11, relating to permit fees for additional machines, as follows:
"48-17-11. If an owner purchases or receives additional bona fide coin operated amusement machines during the calendar year, the $25.00 applicable annual 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 equal to twice the applicable annual permit fee shall be assessed by the commissioner for every machine in operation without a permit sticker."
SECTION 5. Said chapter is further amended by revising Code Section 48-17-14, relating to validity of prior existing obligations to state, as follows:
"48-17-14. (a) All taxes, fees, penalties, and interest accruing to the State of Georgia under any other provision of this title as it existed prior to January 1, 1993 July 1, 2010, shall be and remain valid and binding obligations to the State of Georgia for all taxes, penalties, and interest accruing under the provisions of prior or preexisting laws and all such

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taxes, penalties, and interest now or hereafter becoming delinquent to the State of Georgia prior to January 1, 1993 July 1, 2010, are expressly preserved and declared to be legal and valid obligations to the state. (b) The enactment and amendment of this chapter shall not affect offenses committed or prosecutions begun under any preexisting law, but any such offenses or prosecutions may be conducted under the law as it existed at the time of the commission of the offense. (c) Nothing in this chapter shall be construed or have the effect to license, permit, authorize, or legalize any machine, device, table, or bona fide coin operated amusement machine the keeping, exhibition, operation, display, or maintenance of which is in violation of the laws or Constitution of this state."
SECTION 6. Said chapter is further amended by revising Code Section 48-17-15, relating to limitation on percent of annual income derived from machines, as follows:
"48-17-15. (a) As used in this Code section, the term:
(1) 'Amusement or recreational establishment' means an open-air establishment frequented by the public for amusement or recreation. Such an establishment shall be in a licensed fixed location located in this state and which has been in operation for at least 35 years. (2) 'Business location' means any structure, vehicle, or establishment where a business is conducted. (3) 'Gross retail receipts' means the total revenue derived by a business at any one business location from the sale of goods and services and the commission earned at any one business location on the sale of goods and services but shall not include revenue from the sale of goods or services for which the business will receive only a commission. Revenue from the sale of goods and services at wholesale shall not be included. (a)(b)(1) No business owner or business operator shall derive more than 50 percent of such business owner's or business operator's annual income from monthly gross retail receipts for the business location in which the Class B bona fide coin operated amusement machine or machines are situated from such Class B bona fide coin operated amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Section 16-12-35. (2) Except as authorized by a local ordinance, no business owner or business operator shall offer more than nine Class B bona fide coin operated amusement machines to the public for play in the same business location; provided, however, that this limitation shall not apply to an amusement or recreational establishment. (c) For each business location which offers to the public one or more Class B bona fide coin operated amusement machines, the business owner or business operator shall prepare a monthly verified report setting out separately the gross retail receipts from the Class B bona fide coin operated amusement machines and the gross retail receipts for

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the business location. Upon request, the business owner or business operator shall supply such monthly reports to the commissioner. The department shall be authorized to audit any records for any such business location. (b)(d) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may fine an applicant or holder of a license, refuse to issue or renew a location license or master license, or may revoke or suspend a location license or master license for single or repeated violations of subsection (a) (b) of this Code section. (e) A business owner or business operator shall report the information prescribed in this Code section in the form required by the commissioner. Such report shall be submitted in an electronic format approved by the commissioner."
SECTION 7. Said chapter is further amended by adding new Code sections to read as follows:
"48-17-16. (a) For single or repeated violations of this chapter by a business owner or business operator who offers one or more bona fide coin operated amusement machines for play by the public, the commissioner may impose the following penalties on such a business owner or business operator:
(1) A civil fine in an amount specified in rules and regulations promulgated in accordance with this chapter; or (2) For a third or subsequent offense, a suspension or revocation of the privilege of offering one or more bona fide coin operated amusement machines for play by the public. (b) Before a penalty is imposed in accordance with this Code section, a business owner or business operator shall be entitled to at least 30 days' written notice and, if requested, a hearing. Such written notice shall be served in the manner provided for written notices to applicants and holders of licenses in subsection (b) of Code Section 48-17-5, and an order imposing a penalty shall be delivered in the manner provided for delivery of the commissioner's orders to applicants for licenses and holders of licenses in Code Section 48-17-6. (c) In the case of a suspension or revocation in accordance with this Code section, the commissioner shall require the business owner or business operator to post a notice in the business location setting out the period of the suspension or revocation. No applicant or holder of a license or permit shall allow a bona fide coin operated amusement machine under the control of such applicant or holder of a license or permit to be placed in a business location owned or operated by a business owner or business operator who has been penalized by a suspension or revocation during the period of the suspension or revocation."
SECTION 8. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, is amended by revising paragraph (1) as follows:

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"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages or relating to bona fide coin operated amusement machines or any violations relating thereto; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."

SECTION 9. This Act shall become effective on July 1, 2010.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Lindsey of the 54th moved that the House adopt the report of the Committee of Conference on SB 454.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson

Y Marin Y Martin Y Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar

Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B

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Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E 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

Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd E 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 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 Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey
Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham Y Manning

Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy N 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 N 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 N Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT N 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 motion, the ayes were 151, nays 8.

The motion prevailed.

The Speaker called the House to order for the purpose of receiving the Governor, the Honorable Sonny Perdue.

His Excellency, Governor Sonny Perdue, appeared before the House and addressed the members.

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 adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Wiles of the 37th, and Heath of the 31st.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
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 President has appointed as a Committee of Conference on the part of the Senate the following Senators: Balfour of the 9th, Chance of the 16th, and Rogers of the 21st.
The following member was recognized during the period of Evening Orders and addressed the House:
Neal of the 1st.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time:
SB 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:
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'

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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.
The following Committee substitute was read and adopted:
A BILL
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 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by adding a new Code section to read as follows:
"40-5-38. (a) Members of the armed services and veterans who have been diagnosed with post traumatic stress disorder may request to have a notation of such diagnosis placed on his or her driver's license. Such applicant shall present the department with a sworn statement from a person licensed to practice medicine or psychology in this state verifying such diagnosis. (b) The commissioner shall by rules and regulations establish procedures necessary to carry out the provisions of this Code section including, without limitation, application forms to include a waiver of liability for the release of any medical information and an appropriate symbol to be placed on the drivers' licenses."
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:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E 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 E Collins, T Y Cooper
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 E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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
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 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 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
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 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 Stout 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

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 Cox of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the Senate, having previously been read, was again taken up for consideration:

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:

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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.
The Committee substitute, having previously been read, was read and adopted.
A BILL
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 amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, 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 remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; 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 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 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 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, creation, qualifications, and powers and duties, is amended by revising subsection (e) as follows:
"(e) The legislative counsel shall provide for the compiling, indexing, editing, and publication of the Georgia Laws containing the Acts and resolutions of the General Assembly and other appropriate materials. Except as otherwise provided in this subsection authorized in Code Section 50-18-2, such Acts and resolutions shall be

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published in hardbound volumes suitable for retention as permanent records as well as in softbound volumes or pamphlets suitable for prompt distribution of newly enacted laws to public officers, attorneys, and the public; and following each session of the General Assembly, a copy of such softbound Georgia Laws shall be furnished to the clerk of superior court of each county within 30 days after the last date on which the Governor may approve or veto bills enacted at that session of the General Assembly. In the case of any special session of the General Assembly, however, the separate publication and distribution of the Acts and resolutions enacted at that special session may be omitted, and in such case the Acts and resolutions enacted at the special session shall be published and distributed together with those enacted at the subsequent regular session. Distribution of the Georgia Laws shall be carried out by the Secretary of State as provided for in Code Section 45-13-22; and the Secretary of State shall notify the legislative counsel of the numbers of volumes required to carry out such distribution."
SECTION 2. 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, is amended by revising Code Section 45-13-22, relating to the distribution of Georgia Laws and journals of the House of Representatives and the Senate, as follows:
"45-13-22. (a) It shall be the duty of the Secretary of State to distribute the Acts and resolutions of the General Assembly of Georgia. The Secretary of State shall notify the legislative counsel of the numbers distribution requirements of soft-bound electronic version and hard-bound volumes of Georgia Laws needed for distribution. Hard-bound and softbound volumes shall be distributed as provided in this Code section. The Secretary of State shall make distribution of the electronic version and bound volumes of the journals of the House and Senate. The Secretary of State shall notify the Clerk of the House and the Secretary of the Senate of the numbers of journals needed for distribution. Distribution shall be as provided in this Code section. (b) Volumes distributed to members of the General Assembly, to libraries, to institutions of learning, or to agencies outside the State of Georgia shall become the property of the recipient. 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 to public employees within the state, other than members of the General Assembly, shall be the property of the appropriate public officer or employee during his term of office or employment and shall be turned over to his or her successor, and the Secretary of State shall take and retain a receipt from each such public officer or employee acknowledging this fact. The Secretary of State shall at all times use the most economical method of shipment consistent with the safety and security of the volumes. The Secretary of State shall make the distributions provided for in this Code section. Additional copies of the hard-bound volumes and soft-bound volumes of the Georgia Laws and of the House and Senate Journals may be sold by the Secretary of State to persons desiring to purchase the same. The prices at which such volumes are to be sold

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shall be determined by the Legislative Counsel for the Georgia Laws, by the Secretary of the Senate for the Senate Journals, and by the Clerk of the House of Representatives for the House Journals Secretary of State. In determining such prices such officers the Secretary of State shall take into account the approximate cost to the state of producing such volumes and the usual and customary cost of comparable publications. Receipts from such sales shall be deposited by the Secretary of State into the general fund of the state treasury. (c) Each of the officers, offices, and other entities listed in this subsection shall be authorized to order up to the indicated numbers of sets of the Georgia Laws from each legislative session. Unless otherwise specified by the ordering party, each set ordered shall include both the soft-bound and hard-bound volumes, but the ordering party may specify that an order shall omit either. The numbers of sets authorized for each such officer, office, and entity shall be as follows:
(1) Law Department -- 33 sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) Each foreign government authority and each state participating in an exchange and depository program -- one set; (4) Library of Congress -- two sets one set; (5) Georgia Institute of Technology -- one set; (6)(4) University of Georgia -- 52 two sets; (7)(5) Supreme Court of Georgia -- 12 sets, which number may be increased by written order of the Chief Justice; (8)(6) Court of Appeals of Georgia -- 13 sets, which number may be increased by written order of the Chief Judge; (9)(7) Administrative Office of the Courts -- one set; (10)(8) Each superior court judge -- one set; (11) Each clerk of superior court -- one set; (12) District Attorney of the Atlanta Judicial Circuit -- two sets; (13)(9) Each other district attorney -- one set; (14)(10) Each judge of probate court -- three two sets, of which one set may be retained for the judge's own use, and one set may be issued to the county attorney, and one set shall be placed in the county law library or retained in the judge's office for use by the general public; (15)(11) Each state court -- one set; (16)(12) Each magistrate court -- one set; (17)(13) United States Supreme Court -- one set; (18)(14) United States Court of Appeals for the Eleventh Circuit -- one set; (19)(15) United States District Courts for the State of Georgia -- six sets; (20)(16) Clerk of the House of Representatives -- five sets; (21)(17) Each member of the General Assembly -- one set; (22)(18) House Judiciary Committee -- one set; (23)(19) House Majority Leader -- one set;

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(24)(20) House Minority Leader -- one set; (25)(21) House Budget Office and Senate Budget Office -- one set each; (26)(22) Legislative counsel -- 15 sets, which number may be increased by written order of the legislative counsel; (27)(23) Legislative fiscal officer -- one set; (28)(24) President of the Senate -- one set; (29)(25) President pro tempore of the Senate -- one set; (30)(26) Secretary of the Senate -- three sets; (31)(27) Speaker of the House -- one set; and (32)(28) Senate Judiciary Committee -- one set. (d) Each of the following officers, offices, and other entities shall be authorized to order up to the indicated numbers of the Georgia Senate and House Journals from each legislative session; provided, however, that such officers, offices, and entities shall pay the Secretary of State the cost of acquisition of such volumes: (1) Law Department -- four sets, which number may be increased by written order of the Attorney General; (2) Each state agency or department -- one set; (3) State Archives -- one set; (4) Georgia Historical Society -- two sets; (5) Each foreign government and each state participating in an exchange and depository program -- one set; (6) Library of Congress -- two sets; (7) Augusta College -- one set; (8) Georgia Institute of Technology -- one set; (9) Georgia State University -- one set; (10) University of Georgia -- seven sets; (11) Department of Administrative Services -- one set; (12) Department of Human Services -- one set; (13) Supreme Court of Georgia -- as requested in writing by the Chief Justice; (14) Court of Appeals of Georgia -- as requested in writing by the Chief Judge; (15) Each judge of probate court -- one set; (16) Legislative counsel -- five sets; (17) Legislative fiscal officer -- nine sets; (18) Each member of the House of Representatives -- one set; (19) Speaker of the House -- one set; (20) Clerk of the House of Representatives -- three sets; (21) House Judiciary Committee -- one set; (22) House Majority Leader -- one set; (23) House Minority Leader -- one set; (24) Each member of the Senate -- one set; (25) President of the Senate -- one set; (26) President pro tempore of the Senate -- one set; (27) Secretary of the Senate -- three sets; and

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(28) Senate Judiciary Committee -- one set. (e) In the case of newly created courts or judgeships, and in the case of other state departments, agencies, and entities needing session laws or journals or both, requests for session laws and journals may be filled in whole or in part as the Secretary of State deems appropriate; and the Secretary of State may add names to or delete names from the distribution lists for the session laws and journals as he or she deems appropriate, except that the Secretary of State may not delete those authorized to order sets under subsections subsection (c) and (d) of this Code section. (f) Each officer, office, or other entity authorized to order Georgia Laws or Georgia Senate and House Journals pursuant to subsections subsection (c) and (d) of this Code section shall do so by placing such order in writing to the Secretary of State prior to the end of each session of the General Assembly. A written order from an officer, office, or other entity shall remain in effect until changed by a subsequent written order for two years. The Secretary of State shall not provide Georgia Laws or House and Senate Journals to any such officer, office, or other entity without a written order. The Secretary of State has no obligation to provide Georgia Laws or House or Senate Journals to any such officer, office, or other entity unless a written order has been placed in accordance with the time frame specified in this subsection. (g) The Secretary of State shall reserve 30 five copies each of the session laws and of the journals of the House and Senate for three years after their receipt. After three years he or she shall hold in reserve 15 copies one copy of each of the laws and journals. Copies of the laws and journals in excess of the required reserve and not needed for purposes of distribution or exchange may be sold or otherwise disposed of by the Secretary of State. (h) The Secretary of State shall act as the exchange officer of this state for the purpose of a regular exchange between this state and other states and foreign governments of the session laws and the journals of the House and Senate. To the extent that the Secretary of State deems such exchanges appropriate, if requested by the Attorney General to make such exchanges, the Secretary of State shall may distribute one set of the session laws and the journals of the House and Senate to each participating state and foreign government."
SECTION 3. Said article is further amended by revising Code Section 45-13-24, relating to the duty to mail Acts requiring referenda to local officials, as follows:
"45-13-24. (a) Within one calendar week after any local Act or general Act of local application which requires a local referendum or a special election is approved by the Governor or becomes law without his such approval, it shall be the duty of the Secretary of State to mail provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application.

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(b) Within 60 calendar days after any local Act or general Act of local application which requires a local referendum is approved by the Governor or becomes law without such approval, it shall be the duty of the Secretary of State to provide a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application."
SECTION 4. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding a new Code section as follows:
"50-18-2. (a) As used in this Code section, the term:
(1) 'State agency' means any department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality of the executive or legislative branch of state government. (2) 'State officer' means any officer of the executive or legislative branch of state government. (b) When any other provision of state law authorizes or directs any state officer or state agency to publish or provide for publication of any matter, such publication shall be made in electronic format unless the state officer or state agency determines that a printed format is necessary to achieve the purpose of publication, except that: (1) When another provision of state law specifically provides for publication in one or more newspapers, publication shall be in the newspaper or newspapers as provided by such other provision of law; and (2) When any other provision of state law makes specific reference to this Code section and requires publication in a specific manner notwithstanding the provisions of this Code section, such other provision of law shall control over this Code section. (c) Nothing in this Code section shall limit the applicability of Article 4 of this chapter, relating to inspection of public records, when said article by its terms is otherwise applicable."
SECTION 5. Said chapter is further amended by revising Code Section 50-18-20, relating to definitions pertaining to court reports, as follows:
"50-18-20. As used in this article, the term:
(1) 'Publisher' means the state publisher of court reports who has been awarded the contract as defined in this article. (2) 'Reporter' means the reporter of the Supreme Court and Court of Appeals whose duties are set forth in Chapter 4 of Title 15. (3) 'Reports' means the official reports of the decisions of the Supreme Court or of the Court of Appeals, together with the usual title pages, indexes, etc., as well as the advance reports of the decisions of each court and a volume.

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(4) 'Rules compilation' means a compilation of rules applicable in the courts of this state. The rules volume compilation shall include the Rules of the Supreme Court, the Rules of the Court of Appeals, the Unified Appeal, the Uniform Transfer Rules, the Uniform Rules for the various classes of courts, the Rules of the Judicial Qualifications Commission, the Code of Judicial Conduct, the Bar Admissions Rules, the Rules for Sentence Review Panel, the Rules and Regulations for the Organization and Government of the State Bar of Georgia, and any other rules or amendments as promulgated by the Supreme Court or the Court of Appeals, together with all applicable forms, title pages, indexes, etc. The rules volume shall consist of a post binder which will be updated periodically."
SECTION 6. Said chapter is further amended by revising Code Section 50-18-26, relating to the content and appearance of reports and number of volumes per year, as follows:
"50-18-26. (a) The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and to the Court of Appeals of Georgia, an index of all cases reported, the rules and forms described in paragraph (3) of Code Section 50-18-20, and an index of all cases reported and all rules reported. No report shall contain any argument or brief of counsel beyond a statement of the major points and authorities. (b) The reporter has the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from either court in any one year or may consolidate decisions of either court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals."
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 50-18-27, relating to the responsibilities of the reporter, as follows:
"(a) The reporter shall furnish to the publisher the manuscript of the decisions, rules, and forms, read the proof and correct the same, and furnish for each volume an index of the cases reported."
SECTION 8. Said chapter is further amended by revising Code Section 50-18-31, relating to the procedure 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:

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(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 .......................................................................................... one 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:
Each foreign government authority participating................................ one copy Each state participating........................................................................ one copy Shelving............................................................................................... two copies Newly created superior court circuits or judgeships................................. as appropriate

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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. 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

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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 9. Said chapter is further amended by adding a new Code section to read as follows:
"50-18-37. The reporter shall publish a rules compilation in electronic format that is made accessible to the public through the Internet or other suitable electronic methods and shall update the rules compilation as necessary."
SECTION 10. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by adding after the word "publish" the words "in print or electronically" wherever such word occurs in: (1) Subsection (c) of Code Section 2-1-4, relating to anti-siphon devices for irrigation systems; (2) Code Section 2-5-8, relating to issuance of registrations, licenses, or permits by the Department of Agriculture; (3) Code Section 2-9-42.1, relating to publication of names and locations of licensed grain dealers; (4) Paragraph (4) of Code Section 2-10-53, relating to powers and duties of the Commissioner of Agriculture relative to farmers' markets; (5) Paragraph (5) of Code Section 2-11-25, relating to powers and duties of the Commissioner of Agriculture relative to the 'Georgia Seed Law'; (6) Subsection (a) of Code Section 2-15-12, relating to rules under the 'Georgia Pacific White Shrimp Aquaculture Development Act of 2004'; (7) Subsection (a) of Code Section 3-2-2, relating to promulgation of rules regarding alcoholic beverages; (8) Code Section 4-4-60, relating to publication of an annual statement regarding extermination of the cattle fever tick, screwworm, and other parasites;

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(9) Code Section 7-1-74, relating to publication of the annual report of the Department of Banking and Finance; (10) Paragraph (2) of Code Section 8-2-161, relating to rules governing the installation of certain manufactured homes and mobile homes; (11) Paragraph (2) of subsection (d) of Code Section 8-3-206, relating to publication of reports regarding the fair housing law; (12) Code Section 10-1-187, relating to rules regarding brake fluid; (13) Code Section 10-1-206, relating to publication of information regarding antifreeze; (14) Code Section 10-4-31, relating to publication of information regarding warehouses; (15) Subsection (b) of Code Section 10-5-25, relating to denial of registration of securities offerings; (16) Paragraph (3) of subsection (a) of Code Section 10-5-71, relating to powers of the Secretary of State as Commissioner of Securities; (17) Paragraph (3) of subsection (a) of Code Section 10-5A-20, relating to investigations regarding commodity contracts and options; (18) Code Section 10-10-7, relating to publication of the annual report regarding the state Seed-Capital Fund; (19) Subsection (a) of Code Section 11-9-526, relating to rules regarding secured transactions filings; (20) Paragraph (3) of Code Section 12-3-93, relating to duties of the Department of Natural Resources under the 'Georgia Natural Areas Act'; (21) Paragraph (5) of subsection (a) of Code Section 12-4-1, relating to powers and duties of the Environmental Protection Division as to mineral and geological resources; (22) Paragraph (7) of subsection (a) of Code Section 12-4-73, relating to powers and duties of the Environmental Protection Division as to surface mining; (23) Code Section 12-5-1, relating to publication of findings of the Water Resources Center of the Georgia Institute of Technology; (24) Paragraph (2) of Code Section 12-5-211, relating to powers and duties of the Department of Natural Resources with respect to development and utilization of coastal and offshore resources; (25) Subsection (d) of Code Section 12-5-582, relating to model ordinances for the Metropolitan North Georgia Water Planning District; (26) Subsection (d) of Code Section 12-5-583, relating to plans for the Metropolitan North Georgia Water Planning District; (27) Subsection (c) of Code Section 12-5-584, relating to additional plans for the Metropolitan North Georgia Water Planning District; (28) Paragraph (6) of subsection (a) of Code Section 12-6-5, relating to powers and duties of the State Forestry Commission; (29) Paragraph (10) of subsection (a) of Code Section 12-8-97, relating to the hazardous site inventory under the 'Georgia Hazardous Site Response Act'; (30) Paragraph (9) of Code Section 15-5-24, relating to powers and duties of the Administrative Office of the Courts;

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(31) Subsection (a) of Code Section 15-11-19, relating to the Council of Juvenile Court Judges; (32) Paragraph (2) of subsection (b) of Code Section 17-12-6, relating to assistance by the Georgia Public Defender Standards Council to public defenders; (33) Paragraph (6) of subsection (a) of Code Section 19-6-53, relating to powers and duties of the Georgia Child Support Commission; (34) Subsection (d) of Code Section 20-1A-10, relating to regulation and functioning of early care and education programs; (35) Paragraph (1) of subsection (e) of Code Section 20-2-161, relating to the Quality Basic Education Formula for funding of public schools; (36) Subsections (d) and (e) of Code Section 20-2-881, relating to the health insurance plan for public school teachers; (37) Subsections (d) and (e) of Code Section 20-2-911, relating to the health insurance plan for public school employees; (38) Code Section 20-3-241, relating to operations reports by the Georgia Student Finance Commission; (39) Code Section 20-3-294, relating to operations reports by the Georgia Higher Education Assistance Corporation; (40) Code Section 20-3-328, relating to operations reports by the Georgia Student Finance Authority; (41) Paragraph (1) of subsection (c) of Code Section 20-3-423, relating to the selection committee for North Georgia College scholarships; (42) Paragraphs (3) and (4) of Code Section 21-2-31, relating to duties of the State Election Board; (43) Paragraphs (2), (6), (13), (19), and (20) of subsection (b) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission; (44) Subsection (h) of Code Section 21-5-71, relating to registration and regulation of lobbyists; (45) Paragraph (7) of subsection (b) of Code Section 26-2-232, relating to powers and duties of the Commissioner of Agriculture under the 'Georgia Dairy Act of 1980'; (46) Paragraph (1) of subsection (e) of Code Section 26-4-29, relating to powers and duties of the State Board of Pharmacy; (47) Paragraph (6) of Code Section 27-1-6, relating to powers and duties of the Department of Natural Resources relative to game and fish; (48) Code Section 27-2-41, relating to regulations regarding game and fish licenses, permits, and stamps; (49) Code Section 27-4-262, relating to rules and regulations regarding aquaculture; (50) Code Section 28-5-122, relating to publication of state grant programs; (51) Paragraph (6) of subsection (a) of Code Section 31-10-5, relating to powers and duties of the state registrar regarding vital records; (52) Subsection (h) of Code Section 31-22-2, relating to licensure of clinical laboratories;

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(53) Subsection (a) of Code Section 32-2-41.2, relating to benchmarks and value engineering studies of road construction projects; (54) Code Section 32-2-66, relating to qualification of transportation contractors; (55) Subsection (b) of Code Section 33-21A-4, relating to reimbursement for emergency health care services by medicaid care management organizations; (56) Paragraph (5) of subsection (a) of Code Section 34-2-6, relating to powers and duties of the Commissioner of Labor; (57) Code Section 34-8-76, relating to powers and duties of the Commissioner of Labor with respect to prevention and reduction of unemployment; (58) Subsection (b) of Code Section 34-9-61, relating to publication of certain materials by the State Board of Workers' Compensation; (59) Subsection (b) of Code Section 34-9-205, relating to medical fees under the workers' compensation law; (60) Paragraph (3) of subsection (b) of Code Section 34-11-8, relating to the chief inspector of boilers and pressure vessels; (61) Paragraph (9) of subsection (a) of Code Section 35-3-33, relating to powers and duties of the Georgia Crime Information Center; (62) Paragraphs (2) and (4) of Code Section 35-6A-7, relating to functions and authority of the Criminal Justice Coordinating Council; (63) Subsection (a) of Code Section 37-2-7, relating to formulation and publication of the state plan for disability services; (64) Subsection (d) of Code Section 37-5-6, relating to plans for providing comprehensive community services to developmentally disabled individuals; (65) Subsection (d) of Code Section 40-6-315, relating to standards for motorcycle headgear; (66) Subsection (b) of Code Section 40-6-352, relating to standards for moped headgear; (67) Subsection (d) of Code Section 40-8-78, relating to standards for automotive glazing materials; (68) Subsection (a) of Code Section 40-16-5, relating to authority of the commissioner of driver services; (69) Subsection (a) of Code Section 42-2-8, relating to authority of the commissioner of corrections; (70) Paragraph (9) of Code Section 43-11A-7, relating to powers of the Georgia Board of Examiners of Licensed Dietitians; (71) Paragraph (3) of subsection (a) and subsection (e) of Code Section 43-17-11, relating to enforcement of the law relating to charitable solicitations; (72) Paragraph (9) of Code Section 43-33-10, relating to authority of the State Board of Physical Therapy; (73) Subsection (e) of Code Section 43-41-10, relating to disciplinary actions under the State Licensing Board for Residential and General Contractors; (74) Paragraph (4) of Code Section 43-47-6, relating to powers and duties of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers;

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(75) Code Section 45-6-3, relating to annual reports of public officers of the state; (76) Paragraph (5) of subsection (b) of Code Section 45-10-93, relating to powers and duties of the Joint Legislative Ethics Committee; (77) Code Section 45-13-27, relating to the Secretary of State's official directory of state and county officials and officers; (78) Paragraph (6) of Code Section 45-13-41, relating to objects and purposes of the Georgia Archives; (79) Subsections (d) and (e) of Code Section 45-18-15, relating to administration of the state employees' health benefit plan; (80) Code Section 45-22-9, relating to publication of lists of hazardous substances under the 'Public Employee Hazardous Chemical Protection and Right to Know Act of 1988'; (81) Subsections (a) and (b) of Code Section 48-2-7, relating to powers and duties of the state revenue commissioner; (82) Subsection (a) of Code Section 48-2-12, relating to rules and regulations of the state revenue commissioner; (83) Subsection (c) of Code Section 48-5-346, relating to disapproval of county tax digests; (84) Paragraph (2) of subsection (b) of Code Section 48-7-112, relating to income tax refunds, credits, and setoffs; (85) Paragraph (4) of Code Section 49-4-33, relating to duties of the Department of Human Services with respect to the Old-Age Assistance Act; (86) Paragraph (5) of Code Section 49-4-53, relating to duties of the Department of Human Services with respect to the 'Aid to the Blind Act'; (87) Paragraph (4) of Code Section 49-4-82, relating to duties of the Department of Human Services with respect to aid to disabled persons; (88) Paragraph (3) of subsection (c) of Code Section 49-4-183, relating to administration of the 'Temporary Assistance for Needy Families Act'; (89) Subsection (n) of Code Section 49-4A-8, relating to commitment of children to the custody of the Department of Juvenile Justice; (90) Subsection (b) of Code Section 49-5-12, relating to licensing and regulation of child welfare agencies; (91) Code Section 49-5-19, relating to the annual report on the operations of county departments of family and children services; (92) Paragraph (4) of subsection (d) of Code Section 49-5-132, relating to the Governor's Office for Children and Families; (93) Subsection (j) of Code Section 49-5-273, relating to creation and operation of the PeachCare program; (94) Paragraph (6) of Code Section 49-6-21, relating to powers and duties of the Council on Aging; (95) Subsection (b) of Code Section 50-5-60.4, relating to use of mulch on public lands; (96) Paragraph (1) of subsection (d) of Code Section 50-5-67, relating to procedures for bidding of state contracts;

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(97) Paragraphs (4) and (5) of Code Section 50-7-8, relating to certain powers of the Board of Economic Development; (98) Paragraph (4) of subsection (b) of Code Section 50-8-7, relating to planning, technical assistance, and information activities of the Department of Community Affairs; (99) Paragraph (2) of Code Section 50-8-141, relating to functions of the Office of Rural Development; (100) Code Section 50-12-84, relating to the annual report of the Commission on Women; and (101) Subsection (a) of Code Section 50-25-7.10, relating to publication of the annual state information technology report.
SECTION 11. Each of the following Code sections and parts of Code sections of the Official Code of Georgia Annotated is amended by inserting immediately before the word "publication" the words "print or electronic" wherever such word occurs in: (1) Paragraph (2) of Code Section 12-2-3, relating to objectives of the Department of Natural Resources; (2) Subsection (i) of Code Section 12-2-4, relating to powers and duties of the Department of Natural Resources; (3) Paragraph (7) of Code Section 12-3-53, relating to the state archeologist; (4) Paragraph (19) of Code Section 31-10-1, relating to definitions applicable to vital statistics; (5) Code Section 31-12A-9, relating to educational programs under the 'Georgia Smokefree Air Act of 2005'; (6) Paragraph (7) of subsection (a) of Code Section 43-50-21, relating to powers and duties of the State Board of Veterinary Medicine; (7) Subsection (a) of Code Section 45-13-45, relating to powers of the Secretary of State with respect to management of the Division of Archives and History; (8) Paragraph (2) of subsection (b) of Code Section 48-2-15, relating to confidentiality of state tax information; (9) Subsection (a) of Code Section 48-7-60, relating to confidentiality of income tax information; (10) Subsection (e) of Code Section 49-5-220, relating to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents; and (11) Paragraph (1) of Code Section 49-5-221, relating to definitions applicable to the State Plan for the Coordinated System of Care for severely emotionally disturbed children or adolescents.
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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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 Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E 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 E 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 E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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 E 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
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 Y Rogers Y Rynders Y Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
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 Stout 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
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.

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House of Representatives Atlanta, Georgia 30334
This version of SB 388 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 388.
/s/ Bobby Franklin Representative, District 43
The following member was recognized during the period of Evening Orders and addressed the House:
Millar of the 79th.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
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 following Senate substitute was read:
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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," is amended by

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revising subsection (f) of Code Section 46-5-134, relating to the establishment of the Emergency Telephone System Fund, as follows:
"(f) In addition to cost recovery as provided in subsection (e) of this Code section, money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a 9-1-1 system; (2) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and the actual cost of training such of those employees who work as dispatchers or who work as directors as that term is defined in Code Section 46-5-138.2; (4) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot shall not be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 system public education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic; and (9) The lease, purchase, or maintenance of equipment and associated hardware and software that furthers the legislative intent of providing the highest level of emergency response service on a local, regional, and state-wide basis, including equipment and associated hardware and software that supports the use of public safety wireless voice and data communication systems and the operable and interoperable communication capabilities of 9-1-1 service, but only if:
(A) The local government's 9-1-1 system provides enhanced 9-1-1 service; (B) The revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges in the local government's Emergency Telephone System Fund at the end of any fiscal year are projected to exceed the cost of providing enhanced 9-1-1 services as authorized in paragraphs (1) through (8) of this subsection; and (C) The cost of providing services referred to in subparagraph (B) of this paragraph includes a reserve amount equal to at least 10 percent of the previous year's expenditures."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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The following amendment was read and adopted:
Representative Hembree of the 67th moves to amend the Senate substitute to HB 1321 by inserting after "moneys;" on line 3 the following:
to amend Code Section 50-18-72, relating to exceptions to the requirement for disclosure of public records, so as to provide for exemption from disclosure of certain law enforcement and emergency response records which contain audio or video recordings of personal suffering; 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 disclosure under certain conditions;
By renumbering Section 2 as Section 3.
By striking "and" at the end of line 44, by striking the period and quotation mark and inserting "; and" at the end of line 47, and by inserting after line 47 the following:
(D) Funds for such purposes are distributed pursuant to an intergovernmental agreement between the local governments whose citizens are served by the emergency 9-1-1 system proportionately by population determined by using the most recently completed United States decennial census figures."
SECTION 2. Code Section 50-18-72, relating to exceptions to the requirement for disclosure of public records, is amended by adding to subsection (a) a new paragraph to read as follows:
"(2.1)(A) As used in this paragraph, the term 'natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor. (B) Records of an emergency 9-1-1 system containing audio recordings when:
(i) Such audio recordings consist of or contain the personal suffering leading up to the death of a victim of a natural disaster, including expressions of physical pain, distress, or terror; and (ii) Public dissemination of such records would cause emotional distress to the person whose suffering was so recorded or to the family of such person. (C) Records described in this paragraph shall be exempt from disclosure under this article by the law enforcement agency or other agency in possession; and if such records are used in evidence in any judicial or administrative proceeding, the tribunal may place such records under seal or otherwise prohibit their reproduction or distribution. (D) This paragraph 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: (i) The spouse of the deceased if living;

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(ii) If there is no living spouse of the deceased, an adult child of the deceased; or (iii) If there is no living spouse or adult child, a parent of the deceased. (E) Subject to the provisions of subparagraph (F) of this paragraph, in the case of closed criminal investigations a superior court may order the disclosure of such 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 and the seriousness of the intrusion into the family's right to privacy. In any such action, the court shall review the recordings 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. (F) Prior to releasing any recordings described in subparagraph (B) of this paragraph, 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 subparagraph (E) of this paragraph which would disregard or shorten the duration of such notice requirement. (G) The provisions of this paragraph 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. (H) This paragraph shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 55-41, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this subparagraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this subparagraph."

Representative Harbin of the 118th moved that the House agree to the Senate substitute, as amended by the House, to HB 1321.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Davis
Y Dawkins-Haigler Y Day Y Dempsey Y Dickson

Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne

Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B

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5877

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 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 E Collins, T Y Cooper Y Cox

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

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

Y McKillip Y Meadows Y Millar 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 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 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 Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 158, nays 5.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1321 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 1321.

/s/ Bobby Franklin Representative, District 43

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

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Coan of the 101st.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:
SB 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.
The following Committee substitute was read:
A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the establishment of a program to monitor the prescribing and dispensing of certain controlled substances; to provide for definitions; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to provide for the establishment of an Electronic Database Review Advisory Committee; to provide for its membership, duties, and organization; to provide for the establishment of rules and regulations; to provide for limited liability; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising Code Section 16-13-21, relating to definitions relative to regulation of controlled substances, as follows:
"16-13-21. As used in this article, the term:

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(1) 'Administer' means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or by any other means, to the body of a patient or research subject by:
(A) A practitioner or, in his or her presence, by his or her authorized agent; or (B) The patient or research subject at the direction and in the presence of the practitioner. (1.1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Agent' of a manufacturer, distributor, or dispenser means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman. (3) 'Bureau' means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. (4) 'Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. (5) 'Conveyance' means any object, including aircraft, vehicle, or vessel, but not including a person, which may be used to carry or transport a substance or object. (6) 'Counterfeit substance' means: (A) A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the controlled substance; (B) A controlled substance or noncontrolled substance, which is held out to be a controlled substance or marijuana, whether in a container or not which does not bear a label which accurately or truthfully identifies the substance contained therein; or (C) Any substance, whether in a container or not, which bears a label falsely identifying the contents as a controlled substance. (6.1) 'Dangerous drug' means any drug, other than a controlled substance, which cannot be dispensed except upon the issuance of a prescription drug order by a practitioner authorized under this chapter. (6.2) 'DEA' means the United States Drug Enforcement Administration. (7) 'Deliver' or 'delivery' means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (8) 'Dependent,' 'dependency,' 'physical dependency,' 'psychological dependency,' or 'psychic dependency' means and includes the state of dependence by an individual toward or upon a substance, arising from the use of that substance, being characterized by behavioral and other responses which include the loss of self-control with respect to that substance, or a strong compulsion to use that substance on a continuous basis in order to experience some psychic effect resulting from the use of

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that substance by that individual, or to avoid any discomfort occurring when the individual does not use that substance. (9) 'Dispense' means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery, or the delivery of a controlled substance by a practitioner, acting in the normal course of his or her professional practice and in accordance with this article, or to a relative or representative of the person for whom the controlled substance is prescribed. (10) 'Dispenser' means a practitioner who dispenses a person that delivers a monitored controlled substance to the ultimate user but shall not include:
(A) A licensed pharmacy of a hospital that dispenses such substances for the purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital that dispenses prescriptions for controlled substances at the time of dismissal or discharge from such a facility, or a licensed pharmacy of a hospital that dispenses or administers such substances for long-term care patients or inpatient hospice facilities; (B) An institutional pharmacy that serves only a health care facility, including, but not limited to, a nursing home, an intermediate care home, a personal care home, or a hospice program, which provides inpatient care and which pharmacy dispenses such substances to be administered and used by a patient on the premises of the facility; (C) A practitioner or other authorized person who administers such a substance; or (D) A pharmacy operated by, on behalf of, or under contract with the Department of Corrections for the sole and exclusive purpose of providing services in a secure environment to prisoners within a penal institution, penitentiary, prison, detention center, or other secure correctional institution. This shall include correctional institutions operated by private entities in this state which house inmates under the Department of Corrections. (11) 'Distribute' means to deliver a controlled substance, other than by administering or dispensing it. (12) 'Distributor' means a person who distributes. (12.05) 'FDA' means the United States Food and Drug Administration. (12.1) 'Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled

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substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. (13) 'Immediate precursor' means a substance which the State Board of Pharmacy has found to be and by rule identifies as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. (14) 'Isomers' means stereoisomers (optical isomers), geometrical isomers, and structural isomers (chain and positional isomers,) but shall not include functional isomers). (15) 'Manufacture' means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance: (A) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (B) By a practitioner or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25 and shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination. (16.1) 'Monitored controlled substance' means: (A) A controlled substance that is classified as a Schedule II controlled substance under Code Section 16-13-26 or under the Federal Controlled Substances Act, 21 U.S.C. Section 812; and (B) Hydrocodone and carisoprodol or a derivative of or a compound containing either such drug. (17) 'Narcotic drug' means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with to any of the substances referred to in

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subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; (D) Coca leaves and any salt, compound, derivative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, stereoisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. (18) 'Opiate' means any substance having an addiction-forming or addictionsustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Code Section 16-13-22, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms. (19) 'Opium poppy' means the plant of the species Papaver somniferum L., except its seeds. (19.1) 'Patient' means the person who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed. (20) 'Person' means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. (21) 'Poppy straw' means all parts, except the seeds, of the opium poppy after mowing. (22) 'Potential for abuse' means and includes a substantial potential for a substance to be used by an individual to the extent of creating hazards to the health of the user or the safety of the public, or the substantial potential of a substance to cause an individual using that substance to become dependent upon that substance. (23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25. For purposes of this chapter and Code Section 43-34-25, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code

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Section 43-34-103, a physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities. (23.1) 'Prescriber' means a physician, dentist, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to prescribe, distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. (24) 'Production' includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. (25) 'Registered' or 'register' means registration as required by this article. (26) 'Registrant' means a person who is registered under this article. (27) 'State,' when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, or any area subject to the legal authority of the United States. (28) 'Ultimate user' means a person who lawfully possesses a controlled substance for his or her own use, for the use of a member of his or her household, or for administering to an animal owned by him or her or by a member of his or her household or an agent or representative of the person. (29) 'Noncontrolled substance' means any drug or other substance other than a controlled substance as defined by paragraph (4) of this Code section."
SECTION 2. Said chapter is further amended by adding new Code sections to read as follows:
"16-13-57. (a) Subject to funds as may be appropriated by the General Assembly or otherwise available for such purpose, the agency shall, in consultation with the Georgia Composite Medical Board and the State Board of Pharmacy, establish and maintain a method to electronically record into a data base prescription information which results in the dispensing of monitored controlled substances and to electronically review such prescription information that has been entered into such data base. The purpose of such electronic data base and review process shall be to assist in the reduction of the illegal abuse of monitored controlled substances and to reduce duplicative prescribing of monitored controlled substance practices. (b) Such electronic data base and review process shall be administered by the agency at the direction and oversight of the advisory committee established in Code Section 1613-61.
16-13-58. (a) The agency shall apply for available grants and may accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property, to assist in developing and maintaining the electronic data base established pursuant to Code Section 16-13-57. (b) The agency shall be authorized to grant funds to dispensers for the purpose of covering costs for dedicated equipment and software for dispensers to use in complying

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with the reporting requirements of Code Section 16-13-59. Such grants shall be funded by gifts, grants, donations, or other funds, including funds from the disposition of forfeited property, received by the agency for the operation of the electronic data base established pursuant to Code Section 16-13-57. The agency shall be authorized to establish standards and specifications for any equipment and software purchased pursuant to a grant received by a dispenser pursuant to this Code section. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require a dispenser to incur costs to purchase equipment and software to comply with such Code sections. (c) Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to require any appropriation of state funds.
16-13-59. (a) For purposes of the electronic data base and review process established pursuant to Code Section 16-13-57, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a monitored controlled substance. The information submitted for each prescription shall include at a minimum, but shall not be limited to:
(1) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility controlled substance identification number; (2) Date prescription dispensed; (3) Prescription serial number; (4) If the prescription is new or a refill; (5) National Drug Code (NDC) for drug dispensed; (6) Quantity and strength dispensed; (7) Number of days supply of the drug; (8) Patient's name; (9) Patient's address; (10) Patient's date of birth; (11) Approved prescriber identification number or prescriber's DEA permit number; (12) Date prescription issued by prescriber; and (13) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. In the event that the agency adds any additional data elements pursuant to this subsection, the agency shall provide notice at least 30 days prior to any such proposed addition to the chairpersons of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil; provided, however, that this shall be in addition to the requirements contained in Code Section 16-13-62. (b) Each dispenser shall submit the prescription information in accordance with transmission methods and frequency requirements established by the agency within 96 hours of dispensing or more frequently at the dispenser's discretion. If a dispenser is temporarily unable to comply with this subsection due to an equipment failure or other circumstances, such dispenser shall notify the agency.

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(c) The agency may issue a waiver to a dispenser that is unable to submit prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit prescription information to the agency by paper form or other means, provided all information required in subsection (a) of this Code section is submitted in this alternative format subject to the frequency requirements of subsection (b) of this Code section. Requests for waivers shall be submitted in writing to the agency. (d) The agency shall not revise the information required to be submitted by dispensers pursuant to subsection (a) of this Code section more frequently than annually. Any such change to the required information shall neither be effective nor be applicable to dispensers until six months after the adoption of such changes. (e) The agency shall not access electronic data base prescription information for more than two years after the date it was originally received and shall delete or destroy such information which is two years old or older in a timely and secure manner. (f) A hospital, clinic, or other health care facility may apply to the agency for an exemption to be excluded from compliance with this Code section if compliance would impose an undue hardship on such facility. The agency shall provide guidelines and criteria for what constitutes an undue hardship which shall include criteria relating to the number of indigent patients served and the lack of electronic capabilities of the facility. (g) If, due to a lack of funding, or for other reasons, the agency ceases its ability to operate the electronic data base or to collect information through the data base for any period of time, no dispenser shall be required to report prescription information to the agency during such period of time, nor shall any dispenser be held criminally or civilly liable for not reporting prescription information as required by Code Sections 16-13-57 through 16-13-64 during any such period of time.
16-13-60. (a) Prescription information submitted to the agency pursuant to Code Section 16-1359 shall be confidential and shall not be subject to open records requirements, as contained in Article 4 of Chapter 18 of Title 50, except as provided in subsections (c) and (d) of this Code section. (b) The agency shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients and prescribers and patient and prescriber information collected, recorded, transmitted, and maintained pursuant to Code Sections 16-13-57 through 16-13-64 are protected. Such information shall not be disclosed to persons except as otherwise provided in Code Sections 16-13-57 through 16-13-64 and only in a manner which in no way would conflict with the requirements of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, P.L. 104-191. (c) The agency shall be authorized to provide requested prescription information collected pursuant to Code Sections 16-13-57 through 16-13-64:
(1) To persons authorized to prescribe or dispense controlled substances for the purpose of providing medical or pharmaceutical care for their patients;

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(2) Upon the request of a person about whom the prescription information requested concerns or upon the request on his or her behalf by his or her attorney; (3) To the Georgia Composite Medical Board or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances; (4) Upon receipt of either a subpoena issued by a court of record, located within or outside of this state, to any local, state, or federal law enforcement, regulatory, or prosecutorial officials, or an administrative subpoena issued by a state agency, board, or entity with administrative subpoena power and which is authorized to receive such prescription information; (5) Upon the lawful order of a court of competent jurisdiction; and (6) To personnel of the agency for purposes of administration and enforcement of Code Sections 16-13-57 through 16-13-64 or any other applicable state law. (d) The agency may provide data to government entities for statistical, research, educational, or grant application purposes after removing information that could be used to identify prescribers or individual patients or persons who received prescriptions from dispensers. (e) The agency may prepare a plan to provide electronic data base prescription information to a prescription review program in another state if the confidentiality, security, privacy, and utilization standards of the requesting state are determined to be equivalent to those of the agency. (f) Any person who receives electronic data base prescription information or related reports relating to Code Sections 16-13-57 through 16-13-64 from the agency shall not provide such data or reports to any other person except by order of a court of competent jurisdiction or as otherwise permitted pursuant to Code Sections 16-13-57 through 1613-64. (g) Any permissible user identified in Code Sections 16-13-57 through 16-13-64 who directly accesses electronic data base prescription information shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity and to the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks.
16-13-61. (a) There is established an Electronic Database Review Advisory Committee for the purposes of consulting with and advising the agency solely on matters related to implementation of Code Sections 16-13-57 through 16-13-64. This shall include, but shall not be limited to, data collection, regulation of access to data, evaluation of data to identify irregular patterns indicating possible illegal abuse, communication to prescribers and dispensers as to the intent of the data collection and analysis and how to use the data base, and security of data collected.

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(b) The advisory committee shall consist of eight members as follows: (1) A representative from the agency; (2) A representative from the Georgia Composite Medical Board, appointed by the Governor; (3) A representative from the Georgia Board of Dentistry, appointed by the Lieutenant Governor; (4) A consumer representative, appointed by the Speaker of the House of Representatives; (5) A representative from the Georgia Chapter of the American Society of Addictive Medicine, appointed by the Governor; (6) A representative from the Georgia Society of Clinical Oncology, appointed by the Speaker of the House of Representatives; (7) A representative from a hospice or hospice organization, appointed by the Lieutenant Governor; and (8) A representative from the State Board of Pharmacy, appointed by the Governor.
(c) Each member of the advisory committee shall serve a three-year term or until the appointment and qualification of such member's successor. (d) The advisory committee shall elect a chairperson and vice chairperson from among its membership to serve a term of one year; provided, however, that the member appointed pursuant to paragraph (1) of subsection (b) of this Code section shall not be eligible to serve as the chairperson or vice chairperson. The vice chairperson shall serve as the chairperson at times when the chairperson is absent. (e) The advisory committee shall meet at the call of the chairperson or upon request by at least three of the members and shall meet at least one time per year. Five members of the committee shall constitute a quorum. (f) The members shall receive no compensation or reimbursement of expenses from the state for their services as members of the advisory committee.
16-13-62. (a) The agency shall establish rules and regulations to implement the requirements of Code Sections 16-13-57 through 16-13-64. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to authorize the agency to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to Code Sections 16-13-57 through 16-13-64. Nothing in Code Sections 16-13-57 through 1613-64 shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance with the pain management guidelines developed and adopted by the Georgia Composite Medical Board. (b) Rules established by the agency pursuant to this Code section shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the agency shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4.

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(c) The agency shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that agency's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil. Each such rule and any part thereof shall be subject to the making of an objection by any such committee within 30 days of transmission of the rule to the members of such committees. Any rule or part thereof to which no objection is made by two or more such committees may become adopted by the agency at the end of such 30 day period. The agency may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors; (2) That change is approved in writing by such committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by such committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the agency from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by such committees. (d) Any rule or part thereof to which an objection is made by two or more committees within the 30 day objection period under subsection (c) of this Code section shall not be adopted by the agency and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the agency unless the agency, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the agency does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or

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part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the agency. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the agency. (e) Any rule or part thereof which is objected to by only one committee under subsection (c) of this Code section and which is adopted by the agency may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the agency in adopting a proposed rule over such objection so to notify the chairpersons of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by twothirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, the rule shall remain in effect. In the event of the Governor's approval, the rule shall be void on the day after the date of approval. (f) Any proceeding to contest any rule on the ground of noncompliance with this Code section must be commenced within two years from the effective date of the rule. (g) For purposes of this Code section, 'rules' shall mean rules and regulations. (h) The agency shall ensure that the prescription information in the data base shall only be used or reviewed for the purposes delineated in Code Section 16-13-57. No review or access to prescription information shall be authorized except in accordance with the guidelines established by the advisory committee. No prescription information shall be accessed on a random basis but shall only be accessed based on patterns detected through the data base indicating possible illegal abuse, which may include factors such as multiple prescriptions in a relatively short period of time to the same individual for the same monitored controlled substance from the same prescriber. No agency staff member, contractor, or agent or other individual accessing the data base shall be

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authorized to review or access individual or other prescription information in the data base except in accordance with this Code section. (i) Upon detection of a pattern indicating possible illegal abuse, the agency shall be authorized to investigate the circumstances and, based on their findings, shall be authorized to refer an incident, as appropriate, to the board responsible for regulating the dispenser or prescriber, to appropriate law enforcement authorities, or to both. (j) The agency shall annually report to the General Assembly aggregated, nonidentifying data on the number of occurrences identified for investigation and the resolution, if known.
16-13-63. Nothing in Code Sections 16-13-57 through 16-13-64 shall require a dispenser or prescriber to obtain information about a patient from the prescription monitoring program established pursuant to Code Sections 16-13-57 through 16-13-64. A dispenser or prescriber shall not have a duty and shall not be held liable for damages to any person in any civil, criminal, or administrative action for injury, death, or loss to person or property on the basis that the dispenser or prescriber did or did not seek or obtain information from the electronic prescriptions data base established pursuant to Code Section 16-13-57.
16-13-64. (a) A dispenser who knowingly and intentionally fails to submit electronic data base prescription information to the agency as required by Code Sections 16-13-57 through 16-13-64 or knowingly and intentionally submits incorrect prescription information shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for each such offense by imprisonment for a period not to exceed 12 months, a fine not to exceed $1,000.00, or both, and such actions shall be reported to the board responsible for issuing such dispenser's dispensing license for action to be taken against such dispenser's license.
(b)(1) An individual authorized to access electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 who negligently uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a misdemeanor. Any person who is convicted of negligently using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-13-64 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, by a fine not to exceed $5,000.00, or by both. (2) Any individual who accesses electronic data base prescription information who knowingly and intentionally uses, releases, or discloses such information in a manner or for a purpose in violation of Code Sections 16-13-57 through 16-13-64 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years, by a fine not to exceed $100,000.00, or by

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both. Any person who is convicted of knowingly and intentionally using, releasing, or disclosing such information in violation of Code Sections 16-13-57 through 16-1364 shall, upon the second or subsequent conviction, be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 15 years, by a fine not to exceed $250,000.00, or by both. (c) Any person who knowingly requests, obtains, or attempts to obtain electronic data base prescription information pursuant to Code Sections 16-13-57 through 16-13-64 under false pretenses, or who knowingly communicates or attempts to communicate electronic data base prescription information to any board, agency, or person except in accordance with Code Sections 16-13-57 through 16-13-64, or any member, officer, employee, or agent of the agency or the advisory council, or any person who knowingly falsifies electronic data base prescription information or any records relating thereto shall be guilty of a felony and, upon conviction thereof, shall be punished for each such offense by imprisonment for not less than one year nor more than two years, by a fine not to exceed $5,000.00, or by both. (d) Any person who is injured by reason of any violation of Code Sections 16-13-57 through 16-13-64 shall have a cause of action for the actual damages sustained and, where appropriate, punitive damages. Such person may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation reasonably incurred. (e) The penalties provided by this Code section are intended to be cumulative of other penalties which may be applicable and are not intended to repeal such other penalties."
SECTION 3. This Act shall become effective on July 1, 2010.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Cooper of the 41st and Stephens of the 164th move to amend the substitute to SB 418 (LC 33 3801S) by striking lines 306 through 313 and inserting in lieu thereof the following:
(4) To any local, state, or federal law enforcement, regulatory, or prosecutorial officials, upon receipt of a subpoena issued by a court of record, located within or outside of this state; (5) To a state agency, board, or entity with administrative subpoena powers and which is authorized to receive such prescription information, upon receipt of an administrative subpoena issued by such state agency, board, or entity; (6) Upon the lawful order of a court of competent jurisdiction; and

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(7) To personnel of the agency for purposes of administration and enforcement of Code Sections 16-13-57 through 16-13-64 or any other applicable state law.
By striking lines 372 through 455 and inserting in lieu thereof the following:
(a) The advisory committee established in Code Section 16-13-61 shall establish rules and regulations to implement the requirements of Code Sections 16-13-57 through 1613-64. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to authorize the advisory committee to establish policies, rules, or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to Code Sections 16-13-57 through 1613-64. Nothing in Code Sections 16-13-57 through 16-13-64 shall be construed to impede, impair, or limit a prescriber from prescribing pain medication in accordance with the pain management guidelines developed and adopted by the Georgia Composite Medical Board. (b) Rules established by the advisory committee pursuant to this Code section shall be adopted, promulgated, and implemented as provided in this Code section and in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the advisory committee shall not be required to comply with subsections (c) through (g) of Code Section 50-13-4. (c) The advisory committee shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to the advisory committee's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil. Each such rule and any part thereof shall be subject to the making of an objection by any such committee within 30 days of transmission of the rule to the members of such committees. Any rule or part thereof to which no objection is made by two or more such committees may become adopted by the advisory committee at the end of such 30 day period. The advisory committee shall not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:
(1) That change is to correct only typographical errors; (2) That change is approved in writing by such committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; (3) That change is approved in writing by such committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection.

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Nothing in this subsection shall prohibit the advisory committee from adopting any rule or part thereof without adopting all of the rules submitted to the committees if the rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by such committees. (d) Any rule or part thereof to which an objection is made by two or more committees within the 30 day objection period under subsection (c) of this Code section shall not be adopted by the advisory committee and shall be invalid if so adopted. A rule or part thereof thus prohibited from being adopted shall be deemed to have been withdrawn by the advisory committee unless the advisory committee, within the first 15 days of the next regular session of the General Assembly, transmits written notification to each member of the objecting committees that the advisory committee does not intend to withdraw that rule or part thereof but intends to adopt the specified rule or part effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch of the General Assembly after the fifteenth day but before the thirtieth day of the session in which occurs the notification of intent not to withdraw a rule or part thereof. In the event the resolution is adopted by the branch of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch to have that branch, within five days after receipt of the resolution, consider the resolution for purposes of objecting to the intended adoption of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote of each branch of the General Assembly, the rule or part thereof objected to in that resolution shall be disapproved and not adopted by the advisory committee. If the resolution is adopted by a majority but by less than two-thirds of the vote of each such branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution introduced is not approved by at least a majority of the vote of each such branch, the rule shall automatically become adopted the day following adjournment sine die of that regular session. In the event of the Governor's approval of the resolution, the rule shall be disapproved and not adopted by the advisory committee. (e) Any rule or part thereof which is objected to by only one committee under subsection (c) of this Code section and which is adopted by the advisory committee may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the advisory committee in adopting a proposed rule over such objection to notify the chairpersons of the Senate Health and Human Services Committee, the House Committee on Health and Human Services, the Senate Judiciary Committee, and the House Committee on Judiciary, Non-civil within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of

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the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of a veto, the rule shall remain in effect. In the event of the Governor's approval, the rule shall be void on the day after the date of approval.

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

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y 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 E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd
Carter N Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N 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 E Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd E 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 N Harden, M N Hatfield Y Heard Y Heckstall

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
Jones, J Y Jones, S Y Jordan
Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas
Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin
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 Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders
Scott, A

N Scott, M Y Sellier Y 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 N Stout Y Talton Y Taylor Y Teilhet E Thomas Y Thompson
VACANT N Walker N Weldon Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Ralston, Speaker

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On the passage of the Bill, by substitute, as amended, the ayes were 141, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Davis of the 109th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following members were recognized during the period of Evening Orders and addressed the House:
Smith of the 113th, McCall of the 30th, and Burns of the 157th.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 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.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the

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comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Rogers of the 21st, and Wiles of the 37th.
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

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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 Senate substitute was read:
A BILL
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to prohibit public disclosure of certain types of crime scene photography; to provide for exceptions; to provide for exemption from disclosure of certain emergency response recordings; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, is amended in subsection (a) by adding two new paragraphs to read as follows:
"(2.1) Records of a law enforcement agency, an emergency 9-1-1 system, a public health agency, or any other similar agency when: (A) Such records consist of or contain audio or video recordings of the personal suffering of a person in physical pain or distress; (B) Public dissemination of such records would cause emotional distress to the person whose suffering was so recorded or to the family of such person. Records described in this paragraph shall be exempt from disclosure if such records are used in evidence in any judicial or administrative proceeding, the tribunal may place such records under seal or otherwise prohibit their reproduction or distribution. (2.2)(A) Except as otherwise provided by law, photographs, videos, or other depictions compiled by law enforcement of any individual in a state of partial or complete nudity, depicting the dismemberment of a body part, or depicting an injured or deceased individual.

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(B) This paragraph shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 55-41, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this paragraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this paragraph. (C) 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 subparagraph (A) of this paragraph by bona fide credentialed members of the press;"
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 Chambers of the 81st moves to amend the Senate substitute to HB 1322 by striking lines 1 through 41 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."

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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.
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.

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(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) This subsection shall not apply to disclosure of crime scene material to counsel representing a convicted defendant in a habeas corpus action pursuant to Chapter 14 of Title 9, on an extraordinary motion for new trial under Code Section 5-5-40 or 5-541, or in a federal habeas corpus action under Section 2254 or 2255 of Title 28 of the United States Code for the purpose of preparing to file or litigating such proceedings. Counsel may disclose such materials to his or her client and any expert or investigator assisting counsel but shall not otherwise disseminate such materials, except to the extent they may be necessary exhibits in court proceedings. A request pursuant to this paragraph shall clearly state that such request is being made for the purpose of preparing to file and litigate proceedings enumerated in this paragraph. (6) 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."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambers of the 81st moved that the House agree to the Senate substitute, as amended by the House, to HB 1322.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard

Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt E 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
Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B

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Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks E 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
Cooper Y Cox

Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y 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 Y Kaiser
Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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 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
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 motion, the ayes were 163, nays 0.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 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.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
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 Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E 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 E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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 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 Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y 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
Setzler 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 Stout 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

On the passage of the Bill, the ayes were 162, nays 0.

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

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

Porter of the 143rd and Loudermilk of the 14th.

The following Bills of the Senate were taken up for the purpose of considering the Senate action thereon:

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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.

The following Senate amendment was read:

The Senate moves to amend SB 480 (LC 28 5158) by inserting after "Governor" on line 14 ", one of whom shall be the Governor's Economic Advisor who shall serve as chairperson of the council" and by striking lines 23 through 35 and inserting in lieu thereof the following: (f) The council shall recommend to the Governor annually an estimated range of the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year and the total treasury receipts from existing revenue sources anticipated to be collected in the next fiscal year, less anticipated refunds, for the purposes of preparing the Governor's revenue estimate for the next fiscal year. Such recommendation shall be non-binding and shall be made not later than July 31 for the budget for the next fiscal year and not later than September 30 for the amended budget. Such recommendation shall be submitted to the Governor, the Speaker of the House, the Lieutenant Governor, and the chairs of the House and Senate Appropriations Committees."

Representative Hill of the 21st moved that the House agree to the Senate amendment to the House amendment to SB 480.

On the motion, 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

N Crawford Y Davis Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E 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
Jerguson

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

N Scott, M Y Sellier Y Setzler
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
Smith, T

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

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

Y Johnson Jones, J Jones, S
Y Jordan Y Kaiser
Keen N Keown
Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Murphy Y Neal
Nix Oliver N O'Neal Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Purcell Ramsey Randall Y Reece N Reese Y Rice N Roberts Y Rogers N Rynders Y Scott, A

Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Stout Y Talton Y Taylor Y Teilhet
Thomas Thompson VACANT Y Walker Y Weldon Y Wilkinson Y Willard Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker

On the motion the ayes were 131, nays 14.

The motion prevailed.

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.

Representative Jacobs of the 80th moved that the House adhere to its position in disagreeing to the Senate amendment to the House substitute to SB 488 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Jacobs of the 80th, Willard of the 49th and Weldon of the 3rd.

THURSDAY, APRIL 29, 2010

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The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:

A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 244

The Committee of Conference on SB 244 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 244 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Rene S. Unterman Senator, 45th District

/s/ Sharon Cooper Representative, 41st District

/s/ Johnny Grant Senator, 25th District

/s/ Joe Wilkinson Representative, 52nd District

/s/ Greg Goggans Senator, 7th District

/s/ John Lunsford Representative, 110th District

A BILL

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 and mental incompetency; to provide for service of notice against the department; to delete an obsolete provision relating to the arrest of persons with contagious diseases; to revise certain provisions relating to conviction data for employment purposes; to delete a Code

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section relating to hearing rights for revoked or suspended licenses, permits, or certificates; to correct a cross-reference relating to a mental health law; to provide for additional members of the Behavioral Health Coordinating Council; to revise a provision relating to the duties and functions of regional planning boards; to provide for continuances in court for board members attending meetings; to revise provisions relating to disposition of a deprived child; to provide conditions for the placement of a child following a termination order; to revise and add definitions relating to proceedings upon plea of mental incompetency to stand trial; to provide for certain children found incompetent to stand trial; to provide that certain training relating to child abuse is conducted by the Office of the Child Advocate for the Protection of Children; to provide for educational services for children in the physical custody of the department; to provide for input by the department in pilot projects to address at-risk students; to provide for medical scholarships for applicants practicing in hospitals or facilities operated by or under the jurisdiction of the department; to provide that mental health records may be maintained in electronic format; to provide for liability coverage for nonprofit agencies and their employees who have contracted with the department; to provide that the commissioner of behavioral health and developmental disabilities is a member of the Purchasing Advisory Council; to provide that the commissioner of behavioral health and developmental disabilities is a member of the State Use Council; 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; 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 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new Code section to Chapter 1, relating to general provisions, to read as follows:
"37-1-6. When any action is brought against the department, the board, the commissioner, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice."

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SECTION 2. Said title is further amended by revising paragraph (4) of subsection (a) of Code Section 37-1-21, relating to institutional powers and duties, as follows:
"(4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and"
SECTION 3. Said title is further amended by revising Code Section 37-1-28, relating to conviction data for employment purposes for the Department of Behavioral Health and Developmental Disabilities, as follows:
"37-1-28. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, or its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, or its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding.

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(d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning individuals in the care of the department and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data, all such conviction data collected by the department or its agent shall be maintained by the department or agent pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) The department may promulgate written rules and regulations to implement the provisions of this Code section. (f) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any person in the care of the department. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such persons to the proper law enforcement agency for a name based check of such person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such circumstances, the department shall submit fingerprints of those persons together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-335. Following the submission of such fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. (g)(f) The department shall be authorized to conduct a name or descriptor based check of any person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who provides care or is in contact with persons under the care of the department without the consent of such person and without fingerprint comparison to the fullest extent permissible by federal and state law."

THURSDAY, APRIL 29, 2010

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SECTION 4. Said title is further amended by revising Code Section 37-1-50, relating to necessity of hearing, powers of hearing examiner, and qualification, as follows:
"37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. Reserved."
SECTION 5. Said title is further amended by revising paragraph (2) of Code Section 37-1-70, relating to definitions relative to inspection warrants, as follows:
"(2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4 37-4-7, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 37-2-4, relating to the Behavioral Health Coordinating Council, as follows:
"(a) There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; the commissioner of community affairs; the Commissioner of Labor; the State School Superintendent; the chairperson of the State Board of Pardons and Paroles; the ombudsman appointed pursuant to Code Section 37-2-32; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor."
SECTION 7. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 37-2-5.2, relating to the duties and functions of regional planning boards, as follows:
"(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all identifying the needs and priorities for disability services in the

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region. The plan shall be submitted to the department at a time and in the manner specified by the department so as to ensure that the plan is a basis for informs the annual appropriations request;"
SECTION 8. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraph (16.1) as follows:
"(16.1) 'Traumatic brain injury' means a traumatic insult to the brain and its related parts resulting in organic damage thereto which may cause physical, intellectual, emotional, social, or vocational changes in a person. It shall also be recognized that a person having a traumatic brain injury may have organic damage or physical or social disorders, but for the purposes of this chapter, traumatic brain injury shall not be considered mental illness as defined in paragraph (11) of this Code section."
SECTION 9. Code Section 9-10-152 of the Official Code of Georgia Annotated, relating to grounds for continuance due to attendance at meeting of Board of Human Services, is amended as follows:
"9-10-152. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged, at the time of any meeting of the board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has come to an end."
SECTION 10. Code Section 15-11-55 of the Official Code of Georgia Annotated, relating to disposition of a deprived child, is amended by revising subparagraphs (2)(B) and (2)(C) of subsection (a) as follows:
"(B) Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for within 30 days after the removal of a child from the custody of the parent or parents of the child, the Department of Human Services shall exercise due diligence to identify a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Services. Such search shall be completed within 90 days from the date on which the child was removed from the home. All identified adult relatives of the child, subject to exceptions due to family or domestic violence, shall be provided with notice:
(i) Specifying that the child has been or is being removed from parental custody;

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(ii) Explaining the options the relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice; (iii) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (iv) Describing any financial assistance for which the relative may be eligible. (C) The results of such search and notification shall be documented in writing and filed with the court at by the time of the first review. During such 90 30 day period, the court may order that the child may be placed in the temporary legal custody of the Department of Human Services or any other appropriate entity or person."
SECTION 11. Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to placement of child following termination order, is amended by revising subsection (a) as follows:
"(a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may commit the child to the custody of the Department of Human Services or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption, if the court determines such placement is the most appropriate for and in the best interest of the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the court's authority under Code Section 15-11-30.1, if the court determines such placement is the most appropriate for and in the best interest of the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Services or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is the most appropriate for and in the best interest of the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is operated in a manner that provides such care, guidance, and control as would be

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provided in a family home as defined in the court's order, if the court determines that such placement is the most appropriate for and in the best interest of the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child. Upon the entering of an order terminating the parental rights of a parent, a placement may be made only if the court finds that such placement is in the best interest of the child and in accordance with the child's court approved permanency plan created pursuant to Code Section 15-11-58. In determining which placement is in the child's best interest, the court shall enter findings of fact reflecting its consideration of the following: (1) The child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement alternative for the child; (3) The child's sense of attachment and need for continuity of relationships; and (4) Any other factors the court deems relevant to its determination."
SECTION 12. Code Section 17-7-130 of the Official Code of Georgia Annotated, relating to proceedings upon plea of mental incompetency to stand trial, is amended by revising subsections (a) and (b), paragraph (1) of subsection (d), and subparagraph (d)(2)(B) as follows:
"(a) As used in this Code section, the term: (1) 'Child' means a person under the jurisdiction of the superior court pursuant to Code Section 15-11-28. (2) 'Committing court' means the court which has jurisdiction over the criminal charges against the defendant. (3) 'Developmental disability' shall have the same meaning as set forth in paragraph (8) of Code Section 37-1-1. (2)(4) 'Inpatient' shall have the same meaning as in paragraph (9.1) of Code Section 37-3-1; provided, however, that as applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement. (3)(5) 'Nonviolent offense' means any offense other than: (A)(i) Murder; (ii) Rape; (iii) Aggravated sodomy; (iv) Armed robbery; (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery; (viii) Aggravated sexual battery; (ix) Aggravated child molestation; (x) Aggravated stalking;

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(xi) Arson in the first degree and in the second degree; (xii) Stalking; (xiii) Fleeing and attempting to elude a police officer; (xiv) Any sexual offense against a minor; or (xv) Any offense which involves the use of a deadly weapon or destructive device; and (B) Those felony offenses deemed by the committing court to involve an allegation of actual or potential physical harm to another person. (4)(6) 'Outpatient' shall have the same meaning as in paragraph (12.1) of Code Section 37-3-1, provided that the: (A) As applied to a child for purposes of this Code section, the term shall mean a child who is mentally ill or has a developmental disability and is in need of involuntary placement; and (B) The court determines that the defendant meets the criteria for release on bail or other pre-trial release pursuant to Code Section 17-6-1. (b) Whenever a plea is filed that a defendant in a criminal case is mentally incompetent to stand trial, it shall be the duty of the court to cause the issue of the defendant's mental competency to stand trial to be tried first by a special jury. If the special jury finds the defendant mentally incompetent to stand trial, the court shall retain jurisdiction over the defendant but shall transfer the defendant to the Department of Behavioral Health and Developmental Disabilities and if the defendant is a child, the department shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department; provided, however, that if the defendant is charged with a misdemeanor offense other than as included in subparagraph (a)(3)(A) (a)(5)(A) of this Code section or a nonviolent offense, the court may, in its discretion, retain jurisdiction over the defendant, and may allow evaluation to be done on an outpatient basis by the Department of Behavioral Health and Developmental Disabilities. If the court allows outpatient evaluation and the defendant is in custody, the court may release the defendant in accordance with the provisions of Code Section 17-6-1, et seq." "(1) Refer If the defendant is not a child, refer the case to the probate court for commitment proceedings pursuant to Chapter 3 or 4 of Title 37, if appropriate and if the charges are dismissed for any reason; or" "(B) If the defendant is found to meet the criteria for involuntary civil commitment as an inpatient or outpatient, the judge may issue an order committing the defendant; provided, however, that if the defendant is a child, the Department of Behavioral Health and Developmental Disabilities shall be authorized to place such defendant in a secure hospital or secure community facility designated by the department. (i) If the defendant so committed is charged with a misdemeanor offense, the committing court may civilly commit the defendant for a period not to exceed one year. Following the commitment period, the charges against the defendant shall be dismissed by operation of law. (ii) A defendant who is so committed and is charged with a felony may only be released from that inpatient or outpatient commitment by order of the committing

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court in accordance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clinical psychologist of the defendant's choice, the person may petition the court and the court may order such cost to be paid by the county."
SECTION 13. Code Section 17-8-30 of the Official Code of Georgia Annotated, relating to grounds for continuances for party or party's counsel in attendance at meeting of Board of Human Services, is amended as follows:
"17-8-30. Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, his the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has ended."
SECTION 14. Code Section 19-15-2 of the Official Code of Georgia Annotated, relating to child abuse protocol committee, is amended by revising subsection (j) as follows:
"(j) By July 1, 2001, members of each protocol committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Services Office of the Child Advocate for the Protection of Children shall provide such training."
SECTION 15. Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to free public instruction in elementary and secondary education, is amended as follows:
"20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities or for which payment is made by the

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Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and no child who is in the physical or legal custody of the Department of Juvenile Justice, or under the care or physical or legal custody of the Department of Human Services or any of its divisions, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
(b)(1) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services, or in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities, or in a facility or placement paid for by the Department of Juvenile Justice, or the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge as long as the child is physically present in the school district. A child will be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child will be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.

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(2) Except as otherwise provided in this Code section, placement in a facility by a parent or by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed. (6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) The Department of Education, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and

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Developmental Disabilities, and the local units of administration where Department of Education, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice or under the care or physical or legal custody of the Department of Human Services or under the physical custody of the Department of Behavioral Health and Developmental Disabilities."
SECTION 16. Code Section 20-2-250 of the Official Code of Georgia Annotated, relating to projects to improve effectiveness, is amended by revising subsection (d) as follows:
"(d)(1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Services, and the Department of Behavioral Health and Developmental Disabilities to evaluate all submitted proposals and to submit appropriate recommendations to the state board. (2) Pilot projects must meet the following criteria:
(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education; (B) Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and others as appropriate; (C) Ensure that the plan for the pilot project becomes a component of the local strategic plan; (D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs; (E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower

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amount than would have been required under the original formula calculations and expenditure requirements; and (F) No funds may be expended for transitional programs, such as transitional kindergarten or first grade. (3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services. (4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board. (5) The pilot projects shall report annually to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee."
SECTION 17. Code Section 20-3-513 of the Official Code of Georgia Annotated, relating to determination of amount of medical scholarships by the State Medical Education Board, is amended as follows:
"20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Georgia Composite Medical Board. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved rural county in Georgia of 35,000 population or less according to the United States decennial census of 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of

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the scholarship received during any one year in medical school, with the interest due on such amount."
SECTION 18. Code Section 31-33-4 of the Official Code of Georgia Annotated, relating to mental health records, is amended as follows:
"31-33-4. The provisions of this chapter, except as otherwise provided in Code Sections 31-33-7 and 31-33-8, shall not apply to psychiatric, psychological, or other mental health records of a patient."
SECTION 19. Code Section 31-33-8 of the Official Code of Georgia Annotated, relating to electronic records, is amended as follows:
"31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records. (d) This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information. (d)(e) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e)(f) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form. (g) Subsections (a), (b), (d) and (e) of this Code section shall apply to psychiatric, psychological, or other mental health records of a patient."
SECTION 20. Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the commissioner of administrative services to purchase insurance or indemnity contracts, is amended by revising subsection (g) as follows:
"(g) The policy of insurance provided for in this Code section may also provide liability coverage to nonprofit agencies and their employees, which agencies have contracted with the Department of Juvenile Justice, the Department of Transportation,

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the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services to furnish certain services; provided, however, that such liability coverage shall be limited to damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 492-13.1 by an employee of such nonprofit agency during the course of such person's employment with such nonprofit agency and the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency before any coverage shall be effective. For the purpose of this Code section, 'nonprofit agency' means any nonprofit or charitable organization, association, corporation, partnership, or other entity registered pursuant to Section 501(c)(3) of the Internal Revenue Code."
SECTION 21. Code Section 50-5-69 of the Official Code of Georgia Annotated, relating to purchases without competitive bidding, is amended by revising subsection (a) as follows:
"(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 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 commissioner of behavioral health and developmental disabilities or his or her designee; 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."
SECTION 22. Code Section 50-5-135 of the Official Code of Georgia Annotated, relating to the creation of the State Use Council, is amended by revising subsections (a) and (b) as follows:

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"(a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 16 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; (2.1) The commissioner of behavioral health and developmental disabilities 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 eleven members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three four members for two years, three four 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."
SECTION 23. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure under open records laws is not required, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise."
SECTION 24. An Act approved May 6, 2008 (Ga. L. 2008, p. 133), is amended by repealing Section 4 of such Act in its entirety.

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SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

Representative Cooper of the 41st moved that the House adopt the report of the Committee of Conference on SB 244.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson
Ashe N Austin Y Baker Y Barnard
Battles N 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 N 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 N 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 E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard Y Heckstall

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

Y Marin 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
Nix 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 Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

N Scott, M Y Sellier
Setzler Shaw Y Sheldon Sims, B Y Sims, C E 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 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 motion, the ayes were 136, nays 14.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

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This version of SB 244 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 244.

/s/ Bobby Franklin Representative, District 43

HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:

A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 321

The Committee of Conference on HB 321 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 321 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Ralph T. Hudgens Senator, 47th District

/s/ Steve Davis Representative, 109th District

/s/ Rene S. Unterman Senator, 45th District

/s/ John Meadows Representative, 5th District

/s/ Carl Rogers Representative, 26th District

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A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes in the definitions of the terms "group accident and sickness insurance" and "true association"; to provide a short title; to provide certain definitions; to include plan administrators in prompt pay requirements; to provide for penalties; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2009."
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 33-30-1 as follows:
"(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 10 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 10 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;"
SECTION 3. Said title is further amended by revising subparagraph (a)(7)(A) of Code Section 33-30-1 as follows:
"(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits

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to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service Form 1099, and their spouses or dependents. The term does shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement."
SECTION 4. Said title is further amended by revising Code Section 33-23-100, relating to the definition of administrator, as follows:
"33-23-100. (a) As used in this article, the term:
(1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and or provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple a single or multiple employer self-insurance health plans, and plan or a self-insured municipalities municipality or other political subdivisions subdivision. Licensure is also required for administrators who act on behalf of self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34. For purposes of this article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Standard financial quarter' means a three-month period ending on March 31, June 30, September 30, or December 31 of any calendar year. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as so long as such entities are acting directly through their officers and employees: (1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance;

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(6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401(f) of the Internal Revenue Code; (9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities; (10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided that such company does not adjust or settle claims; (11) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; (12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, for whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. An insurance company licensed in this state or its affiliate if such insurance company or its affiliate is solely administering limited benefit insurance. For the purpose of this paragraph, the term 'limited benefit insurance' means accident or sickness insurance designed, advertised, and marketed to supplement major medical insurance, specifically: accident only, CHAMPUS supplement, disability income, fixed indemnity, long-term care, or specified disease; or (13) An association that administers workers' compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption notice shall be updated in writing within 30 days if the basis for such exemption changes. An administrator claiming an exemption pursuant to paragraphs (3) and (4) of subsection (b) of this Code section shall be subject to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title. (e) Obtaining a license as an administrator subjects the applicant to the provisions of Code Sections 33-24-59.5 and 33-24-59.13. (f) An administrator shall be subject to Code Sections 33-24-59.5 and 33-24-59.13 unless the administrator provides sufficient evidence that the self-insured health plan failed to properly fund the plan to allow the administrator to pay any outside claim."

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SECTION 5. Said title is further amended by revising Code Section 33-24-59.5, relating to timely payment of health benefits, as follows:
"33-24-59.5. (a) As used in this Code section, the term:
(1) 'Benefits' means the coverages provided by a health benefit plan for financing or delivery of health care goods or services; but such term does not include capitated payment arrangements under managed care plans. (2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45, or any dental or vision care plan or policy, or managed care plan or self-insured plan; but health benefit plan does not include policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers' compensation. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity and any self-insured health benefit plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 or any other administrator as defined in paragraph (1) of subsection (a) of Code Section 33-23-100. (b)(1) All benefits under a health benefit plan will be payable by the insurer which is obligated to finance or deliver health care services under that plan upon such insurer's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the insured or other person claiming payments under the plan payment for such benefits or a letter or electronic notice which states the reasons the insurer may have for failing to pay the claim, either in whole or in part, and which also gives the person so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim has been received by the insurer, the insurer shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the insured or other person claiming payments under the plan the insurer's reasons for such denial.

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(2) Receipt of any proof, claim, or documentation by an entity which administrates or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer shall pay to the insured or other person claiming payments under the health benefit plan interest equal to 18 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator."
SECTION 6. Said title is further amended in Article 1 of Chapter 24, relating to general provisions concerning insurance, by adding a new Code section to read as follows:
"33-24-59.13. (a) As used in this Code section, the term:
(1) 'Administrator' shall have the same meaning as provided in Code Section 33-23100. (2) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. (3) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (4) 'Health benefit plan' shall have the same meaning as provided in Code Section 3324-59.5. (5) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (6) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or any similar entity, which entity provides for the financing or delivery of health care services through a health benefit plan, the plan administrator of any health plan, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45. (b)(1) All benefits under a health benefit plan will be payable by the insurer or administrator which is obligated to finance or deliver health care services or process claims under that plan upon such insurer's or administrator's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer or administrator shall within 15 working days for electronic claims or 30 calendar days for paper claims after such receipt mail or send electronically to the facility or health care provider claiming payments under the plan payment for such benefits or a letter or notice which states the reasons the insurer or

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administrator may have for failing to pay the claim, either in whole or in part, and which also gives the facility or health care provider so notified a written itemization of any documents or other information needed to process the claim or any portions thereof which are not being paid. Where the insurer or administrator disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer or administrator in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer or administrator, the insurer or administrator shall then have 15 working days for electronic claims or 30 calendar days for paper claims within which to process and either mail payment for the claim or a letter or notice denying it, in whole or in part, giving the facility or health care provider claiming payments under the plan the insurer's or administrator's reasons for such denial. (2) Receipt of any proof, claim, or documentation by an entity which administers or processes claims on behalf of an insurer shall be deemed receipt of the same by the insurer for purposes of this Code section. (c) Each insurer or administrator shall pay to the facility or health care provider claiming payments under the health benefit plan interest equal to 12 percent per annum on the proceeds or benefits due under the terms of such plan for failure to comply with subsection (b) of this Code section. (d) An insurer or administrator may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer or administrator processes less than 95 percent of all claims in a standard financial quarter in compliance with paragraph (1) of subsection (b) of this Code section. Such penalty shall be assessed on data collected by the Commissioner. (e) This Code section shall be applicable when an insurer is adjudicating claims for its fully insured business or its business as a third-party administrator."

SECTION 7. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2009. (b) Sections 4, 5, and 6 of this Act shall become effective January 1, 2011.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Davis of the 109th moved that the House adopt the report of the Committee of Conference on HB 321.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson

N Crawford Y Davis Y Dawkins-Haigler Y Day

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

Y Marin Martin
Y Maxwell May

Y Scott, M Y Sellier Y Setzler
Shaw

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

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

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

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

Y Sheldon Y Sims, B
Sims, C E Sinkfield Y Smith, B N Smith, E Y Smith, K N Smith, L
Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Stout N Talton Y Taylor Y Teilhet Y Thomas Y Thompson
VACANT Walker N Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Ralston, Speaker

On the motion, the ayes were 128, nays 25.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 321 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 321.

/s/ Bobby Franklin Representative, District 43

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Representative Levitas of the 82nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate action 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 Senate substitute was read:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact certain provisions relating to school funding; to provide that the replacement allowance for purchasing new school buses shall also be available to refurbish existing school buses; to revise certain provisions relative to the "Georgia Education Authority (Schools) Act" in order to qualify for the federal American Recovery and Reinvestment Act (ARRA) bond program for schools; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-188, relating to student transportation, 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. Each local board of education that refurbishes a school bus pursuant to this subsection is strongly encouraged to apply for federal funds to retrofit

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the engine. The State Board of Education shall notify the Environmental Protection Division when a local board of education receives state funds to refurbish a school bus so that the division may provide information to such local board regarding the availability of federal funds for such purposes."
SECTION 2. Said chapter is further amended by revising Code Section 20-2-552, relating to the creation, members, officers, and staff of the Georgia Education Authority (Schools), procedural rules and regulations, and assignment to the Department of Administrative Services, as follows:
"20-2-552. (a) There is created a body corporate and politic to be known as the Georgia Education Authority (Schools), which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and which by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of seven five members, as follows: the Governor, an appointee of the Governor who is not the Attorney General, the state auditor, the chairman of the State Board of Education, the chairman of the Board of Regents of the University System of Georgia, the State School Superintendent, and the chancellor of the University System of Georgia three appointees of the Governor, one appointee of the Lieutenant Governor, and one appointee of the Speaker of the House of Representatives. The terms of office for all members shall be three years and until their successors are appointed and qualified. (b) The authority shall elect one of its members as chairman chairperson and another as vice-chairman vice chairperson and a secretary and treasurer, who need not necessarily be a member of the authority but who shall be the same as the secretary and treasurer of the Georgia Education Authority (University). The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The staff of the authority shall be the same as the staff of the Georgia Education Authority (University). The authority may have staff assigned from within the Department of Education or the Georgia State Financing and Investment Commission for the purposes of carrying out the authority's duties and responsibilities, with compensation paid from resources available to the authority or the Department of Education or the Georgia State Financing and Investment Commission, as the department, the commission, and the authority may agree. The Department of Education and all other state or local government entities shall provide all necessary assistance requested by the authority. The Georgia State Financing and Investment Commission shall provide financial advisory services to the authority in accordance with Code Section 50-17-22, and all debt of the authority shall be subject to the approval of the Georgia State Financing and Investment Commission. The authority

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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 part or impair the obligations of any contracts existing under this part. (c) The authority is assigned to the Department of Administrative Services Georgia State Financing and Investment Commission for administrative purposes only as prescribed in Code Section 50-4-3."
SECTION 3. Said part is further amended by revising Code Section 20-2-553, relating to powers of the Georgia Education Authority (Schools), as follows:
"20-2-553. (a) The authority shall have the power:
(1) To have a seal and alter it at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, sell, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use them so long as its corporate existence shall continue and to lease or make contracts with respect to for the use of or dispose of them in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part, except from the funds provided under the authority of this part. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the public school system of the state or of any county board of education, city board of education, or governing body of an independent or quasi-independent district or system or local unit of administration, the Governor, in the case of the state, or the boards of education of counties or cities, or the equivalent governing authorities of independent school districts or systems are authorized to execute for and in behalf of the state or the various county boards of education, city boards of education, or governing bodies of independent districts or systems, as the case may be, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years, at a nominal rental of $1.00 per year. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority, upon

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payment into the state treasury for the credit of the general fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman chairperson of the authority. Further, if the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in any county, municipality, or other governmental subdivision of the state, the proper authorities of such county, municipality, or governmental subdivision are authorized to convey, for and in behalf of such county, municipality, or governmental subdivision, title to such lands to the authority, upon payment to the proper fiscal officer of the county, municipality, or other governmental subdivision of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon between such governmental authorities and the chairman chairperson of the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (5) To make contracts, agreements of sale, and leases and to execute all instruments necessary or convenient, including contracts for construction of projects, agreements for the sale of projects, and leases of projects or contracts with respect to for the use of projects which the authority causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above foregoing, authority is specifically granted to the county boards of education, city boards of education, or governing bodies of independent districts or systems, for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the authority to enter into contracts, agreements of sale, and lease agreements for the purchase or use of any structure, building, or facilities of the authority for a term not exceeding 50 years,; and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building, or facility and none other and so long as such property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased and also to obligate itself and its successors as a part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in paragraph (4) of subsection (a) of Code Section 20-2-551, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, or from such proceeds and any grant from the United States or any agency or instrumentality thereof, or from any other source;

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(7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of such bonds and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; and (10) To issue various types of bonds with various federal tax consequences and to apply for and participate in any federal program which provides financial or other benefits or is supportive of functions of the authority. For purposes of federal law and without limiting the powers of the authority to issue other types of bonds and to participate in federal programs, the authority may act as the state education agency and may issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds or, in its discretion, permit other authorized governmental bodies to issue Qualified Zone Academy Bonds, Qualified School Construction Bonds, or Build America Bonds. In participating in any federal program, the authority may apply for and receive funds, make certifications and designations, and do all other things necessary or convenient in the opinion of the authority to participate in or obtain the benefits of federal programs, including programs of bond finance provided under federal law; (11) Deposit, or arrange for, federal funds in any form to be deposited into the sinking fund provided for in Code Section 20-2-567; and (10)(12) To do all things necessary or convenient to carry out the powers expressly given in this part. (b) The validity of any bonds issued by the authority for projects certified as eligible for state development assistance under Code Section 45-12-170, which bonds were and issued prior to the time the first general obligation debt was incurred under Article VII, Section III, Paragraph I of the Constitution of 1945, shall not be impaired; but no future such bonds shall be issued."
SECTION 4. Said part is further amended by revising Code Section 20-2-555, relating to the authority to issue revenue bonds and terms, as follows:
"20-2-555. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this part, shall have power, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in an unlimited amount for the purpose of paying all or any part of the cost, as defined in paragraph (3) of subsection (a) of Code Section 20-2-551, of any one project or combination of projects. The principal and interest, if any, of such revenue bonds shall be payable solely from the special fund provided in this part for

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such payment. The bonds of each issue shall be dated; shall bear interest, if any, at such rate or rates, payable semiannually on a date or dates certain; shall mature at such time or times not exceeding 30 years from their date or dates; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution provided for the issuance of the bonds."
SECTION 5. Said chapter is further amended by revising Code Section 20-2-556, relating to forms of bonds, denominations, place of payment, and registration, as follows:
"20-2-556. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, if any, thereof, which may be at any bank or trust company within or without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest, if any."
SECTION 6. Said chapter is further amended by revising Code Section 20-2-559, relating to manner of sale and price bonds and assistance by Georgia Building Authority, as follows:
"20-2-559. The authority may sell its bonds in such manner and for such price as it may determine to be for the best interests of the authority. Whenever the authority shall determine to issue its bonds, it shall call upon the Georgia Building Authority to render advice and to perform, as its agent, ministerial services in connection with the marketing of such bonds."
SECTION 7. Said chapter is further amended by revising Code Section 20-2-560, relating to use of bond proceeds and additional bonds, as follows:
"20-2-560. The proceeds of bonds shall be used solely for the payment of the cost of the project or combined project and shall be disbursed upon requisition or order of the chairman chairperson of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture mentioned in Code Section 20-2-565 may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust

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indenture, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund, without preference or priority, as the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided in Code Section 20-2-567 for the payment of principal and interest, if any, of such bonds."
SECTION 8. Said chapter is further amended by revising Code Section 20-2-564, relating to bonds not state debt, uses of appropriations and other funds for leases from authority, collection or rentals, and assignment of rentals, as follows:
"20-2-564. (a) Revenue bonds issued under this part shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in Code Section 20-2-577 20-2-567. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section; provided, however, that such funds as may be received from state appropriations or from any other source are declared to be available and may be used on behalf of the county boards of education, city boards of education, or governing bodies of independent districts or systems for the performance of any lease contract entered into by such boards or governing bodies, unless the use of such funds shall be otherwise stipulated by law. (b) In the event any county board of education, city board of education, or governing body of an independent school district or system shall enter into a lease contract or an agreement of sale with the authority as provided in this part, then any sums accruing to and for the benefit of such political subdivision school district or system by virtue of any amounts appropriated and allocated for that purpose pursuant to Code Section 20-2250 shall, by the State Board of Education, be paid all or state appropriation to which such school district or system may be entitled shall be withheld from such school district or system and the State Board of Education shall, on behalf of such school district or system, apply so much thereof as is necessary directly to the authority until such time as the obligation in respect to such lease or lease contract of the lease contract or agreement of sale shall have been paid in full; it being intended that such sums, if any, as may be appropriated by the legislature and accrue and be allocated by the state board for the benefit of any particular political subdivision for 'capital outlay' as provided by Code Section 20-2-250 to which a school district or system may be entitled shall be subject to be first applied on behalf of such school district or system to the extent necessary to the faithful performance of any lease contract or agreement of sale of that particular subdivision school district or system with the authority. (c) In the event any such sums so appropriated by the legislature to the state board to be used in accordance with Code Section 20-2-250 and allocated by the state board to

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and for the benefit of each political subdivision county, city, or independent school district or system which has entered into a lease contract or an agreement of sale with the authority are not sufficient to discharge the lease or installment purchase obligations and undertakings therein agreed to be performed and should the political subdivision school district or system fail to pay any sum necessary to make up the difference between the amount to be paid under the lease contract or agreement of sale and that actually paid by the state board on behalf of the school district or system directly to the authority as provided in subsection (b) of this Code section, then it shall be the duty of the authority to notify immediately, in writing, the state board, the Department of Education, and the Office of Treasury and Fiscal Services, of the amount due said authority, and thereupon the Office of Treasury and Fiscal Services, the state board, and the department, and the Office of Treasury and Fiscal Services are authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, or independent school district or system an amount sufficient to pay the obligation due the authority by the defaulting county, city, or independent school district or system for rental the rental or purchase of buildings or facilities,; and the state board, the department, and the Office of Treasury and Fiscal Services are authorized and directed to pay such funds to the authority on behalf of the county, city, or independent school district or system to be applied in payment on such unpaid rentals or installment payments of purchase price, such payment being charged against the respective funds due such county, city, or independent school district or system. (d) The rentals contracted to be paid by the state board or other contracting or leasing department, agency, or institution of the state to the authority under leases or contracts entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state board or other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals. (e) In the event of any failure or refusal on the part of lessees any party punctually to perform any covenant or obligation contained in any lease contract entered upon pursuant to this part, the authority may enforce performance by any legal or equitable process against the lessees such party; and consent is given for the institution of any such action. (f) The authority shall be permitted to assign any rental payment due it by the lessees a contracting party to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority."
SECTION 9. Said chapter is further amended by revising Code Section 20-2-567, relating to sinking fund, as follows:

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"20-2-567. The revenues, rents, and earnings derived from any particular project or combined projects; and all sums allocated or paid by the State Board of Education or Department of Education to the authority for the benefit of and on behalf of any political subdivision county, city, or independent school district or system or its governing body for the performance of any lease contract or agreement of sale or any and all funds from any sources received by the various county boards of education, city boards of education, or governing bodies of independent school districts or systems that have entered into lease contracts or agreements of sale with the authority and paid to it in the performance of such contract or contracts; or any and all revenues, rents, and earnings received by the authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated,; and federal funds where applicable may be pledged and allocated by the authority to the payment of the principal and interest, if any, on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, and shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which shall be pledged by the authority to and charged with the payment of:
(1) The interest, if any, upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of paying agents for paying principal and interest, if any; and (4) Any premium upon bonds retired by call or purchase as provided in Code Section 20-2-555. The use and disposition of such sinking fund shall be subject to such covenants and regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued."
SECTION 10. Said chapter is further amended by revising Code Section 20-2-568, relating to remedies of bondholders, receivers, or indenture trustees, as follows:
"20-2-568. Any holder of revenue bonds or interest coupons issued under this part, any receiver for such holders, or indenture trustee, if any, except to the extent the rights given in this part may be restricted by resolution passed before the issuance of the bonds or by the

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trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of this state or granted under this part or under such resolution or trust indenture and may enforce and compel performance of all duties required by this part or by resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental or installment payments of purchase price, which the authority may possess against the State Board of Education, its successors, or other any contracting or leasing department, agency, or institution of the state county, city, or independent school district or system or political subdivision. In the pursuit of his or its remedies as subrogee, such individual, receiver, or trustee may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceedings due and owing to the authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which such individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the state to pay any such bond or the interest thereon or to enforce the payment thereof against any property of the state; nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state; provided, however, that any provision of this part or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings, including, without being limited to, mandamus, to enforce compliance by the appropriate public officials with Article VII, Section IV, Paragraph III of the Constitution of Georgia; and permission is given for the institution of any such proceedings to compel the payment of lease obligations."
SECTION 11. Said chapter is further amended by revising Code Section 20-2-569, relating to refunding bonds, as follows:
"20-2-569. The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this part and then outstanding, together with accrued interest thereon, if any, and the premium, if any. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to such bonds shall be governed by Code Sections 20-2-550 through 20-2-568 insofar as they may be applicable."
SECTION 12. Said chapter is further amended by revising Code Section 20-2-570, relating to bonds legal investments and depositing bonds, as follows:

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"20-2-570. The bonds authorized in this part are made securities in which all public officers and bodies of this state and all municipalities and all municipal political subdivisions; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is authorized."
SECTION 13. Said chapter is further amended by revising Code Section 20-2-571, relating to tax exemption of authority's property, activities, charges, and bonds, as follows:
"20-2-571. The creation of the authority and the carrying out of its corporate purpose shall be a public purpose and in all respects for the benefit of the people of this state. The authority will be performing an essential governmental function in the exercise of the power conferred upon it by this part; and this state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, revenues, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority and the income therefrom shall at all times be exempt from taxation within the this state."
SECTION 14. Said chapter is further amended by revising Code Section 20-2-572, relating to procedure for validating bonds, as follows:
"20-2-572. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36. The petition for validation shall make the authority party defendant and shall also make party defendant to such action the State Board of Education and any political subdivision or county, city, or independent school district or system which has contracted with the authority for the purchase or use of any building, structure, or facility for which bonds have been issued and sought to be validated; and such parties shall be required to show cause, if any, why the contract or contracts and the terms and conditions thereof should not be inquired into by the court,

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the validity of the terms thereof determined, the matters and conditions imposed on the state board contracting parties to be performed, and all such undertakings adjudicated as security for the payment of any such bonds of the authority. In the event no appeal is taken or if taken and the judgment is affirmed by the proper appellate court of this state, the judgment of the superior court so confirming and validating the issuance of the bonds shall be forever conclusive upon the validity of the bonds against the authority issuing them and against all parties to such proceedings."
SECTION 15. Said chapter is further amended by revising Code Section 20-2-577, relating to fixing rentals and charges for use of projects, as follows:
"20-2-577. The authority is authorized to fix rentals, installment payments of purchase price, and other charges which the various county boards of education, city boards of education, or governing bodies of independent districts or systems shall pay to the authority for the use or purchase of each project or part thereof or combination of projects, to charge and collect them, and to lease or sell and make contracts with the various counties county, city, or independent school districts or systems with respect to for the use or purchase by any institution or unit under its control county, city, or independent school districts or systems of any project or part thereof. Such rentals, installment payments of purchase price, and other charges shall be so fixed and adjusted in respect relation to their total amount from the project or projects for which a single issue of revenue bonds is issued so as to provide a fund sufficient with other revenues of such project or projects, if any, to pay:
(1) The cost of maintaining, repairing, and operating the project or projects, including reserves for extraordinary repairs and insurance and other reserves required by the resolution or trust indentures, unless such cost reserves shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project or projects for water, light, sewer, and other services furnished by other facilities at such institution; and (2) The principal of the revenue bonds and the interest thereon, if any, as they shall become due."
SECTION 16. This Act shall become effective on July 1, 2010.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.
Representative Battles of the 15th moved that the House agree to the Senate substitute to HB 936.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Bell Y Benfield Y Benton Y Black
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
Cole Y Coleman Y Collins, D E 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 E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs 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 E Lane, R Y Levitas Y Lindsey
Long Loudermilk Y Lucas 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
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
Scott, A

Y Scott, M Y Sellier
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 N Stout Y Talton
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 motion, the ayes were 154, nays 3.

The motion prevailed.

Representatives Beasley-Teague of the 65th and Scott of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 936 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

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It would have been a violation of my oath of office to have voted to pass this version of HB 936.
/s/ Bobby Franklin Representative, District 43
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 Senate substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for notice of on each premium statement the portion of such premium composed of state premium taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-24-21.1, relating to conversion privilege and continuation right provisions for group accident and sickness insurance, as follows:
"33-24-21.1. (a) As used in this Code section, the term:
(1) 'Assistance eligible individual' shall have the same meaning as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009, as amended. (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;

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(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 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:

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(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 in accordance with paragraph (2) of subsection (c) of this Code section. Such coverage shall continue for the fractional policy month remaining, if any, at termination plus nine up to the maximum number of additional policy months specified in paragraph (2) of subsection (c) of this Code section 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 continuation of coverage provision as having timely paid such premium if such individual was covered under the continuation of coverage to which such premium relates for the period immediately preceding such transition period, if such individual remains eligible for such continuation of coverage, and if such individual pays the amount of such premium not later than 30 days after the date of provision of notice regarding eligibility for extended continuation of coverage. For the period that the assistance eligible individual is eligible for the premium reduction 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. (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), as amended.

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(b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents.
(c)(1) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months, except the period of continuation coverage for assistance eligible individual in subsection (a.1) of this Code section, shall be nine months, upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan. (2) A covered individual Any group member or qualifying eligible 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 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, as defined or otherwise experienced a loss of coverage due to qualifying events specified 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

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the number of policy months equal to the maximum premium reduction period specified in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), as amended, as measured 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. (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

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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 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:

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(A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan 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

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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. (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

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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. Said title is further amended by adding a new Code section as follows:
"33-8-14. All foreign, alien, and domestic insurance companies doing business in this state shall provide a notice on each premium statement or invoice sent to customers advising that a portion of the premiums being charged is composed of state premium taxes imposed by Code Section 33-8-4 and county or municipal premium taxes imposed by Code Section 33-8-8.1 or 33-8-8.2, as the case may be. Such notice shall further advise that the maximum rate of taxation is 4.75 percent for property and casualty insurance coverages and 4.25 percent for life, accident, and health insurance coverages."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Knox of the 24th moves to amend the Senate substitute to HB 1268 (SCSFA/1) by deleting on line 3 after "plans;" the following:

to provide for notice of on each premium statement the portion of such premium composed of state premium taxes;

By deleting lines 309 through 318.

By redesignating Sections 3 and 4 as Sections 2 and 3, respectively.

Representative Knox of the 24th moved that the House agree to the Senate substitute, as amended by the House, to HB 1268.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson

Y Crawford Davis
Y Dawkins-Haigler Y Day

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

Y Marin Y Martin Y Maxwell Y May

Y Scott, M Y Sellier Y Setzler
Shaw

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5953

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
Bryant Y Buckner Y Burkhalter
Burns Butler N 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

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

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E 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 E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning

Y Mayo 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 Porter Y Powell, A N Powell, J Y Pruett Y Purcell Y Ramsey Y Randall Y Reece N Reese Y Rice Roberts Y Rogers Y Rynders Y Scott, A

Sheldon 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 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 motion, the ayes were 139, nays 7.

The motion prevailed.

Representatives Beasley-Teague of the 65th 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 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.

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The following Senate substitute was read:
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 court shall notify the chairperson of the board of commissioners or the sole commissioner, if the county is not governed by a board of commissioners. The chairperson or sole commissioner, as applicable, shall appoint an acting solicitorgeneral. (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 following amendment was read and adopted:

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Representatives Lunsford of the 110th, Golick of the 34th, and Abrams of the 84th move to amend the Senate substitute (LC 36 1667S) to HB 1053 by striking lines 1 through 4 and inserting in lieu thereof the following:
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for an acting solicitor-general during the pendency of a vacancy in office; to increase the fees for the administration of pretrial intervention and diversion programs; to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
By striking lines 7 through 9 and inserting in lieu thereof the following:
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (b) of Code Section 15-18-60, relating to establishing solicitorsgeneral of state courts and vacancies in office, as follows:
By striking lines 28 and 29 and inserting in lieu thereof the following:
Said title is further amended by revising subsection (f) of Code Section 15-18-80, relating to policy and procedure for pretrial intervention and diversion programs, 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 $600.00 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 3. Said title is further amended by revising Article 6 as follows:
"ARTICLE 6
15-21-100. (a) In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by Code Section 16-13-30, 16-13-30.1, or 1613-30.2, 16-13-30.3, 16-13-30.5, 16-13-31, 16-13-31.1, 16-13-32, 16-13-32.1, 16-1332.2, 16-13-32.3, 16-13-32.4, 16-13-32.5, 16-13-32.6, or 16-13-33 which offenses relate to certain activities regarding marijuana, controlled substances, and noncontrolled

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substances, there shall be imposed as an additional penalty a sum equal to 50 percent of the original fine. (b) The sums required by subsection (a) of this Code section shall be in addition to the amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

15-21-101. (a) The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the 'County Drug Abuse Treatment and Education Fund.' (b) Moneys collected pursuant to this article and placed in the 'County Drug Abuse Treatment and Education Fund' shall be expended by the governing authority of the county for which the fund is established solely and exclusively:
(1) For drug abuse treatment and education programs relating to controlled substances and marijuana; and (2) If a drug court division has been established in the county under Code Section 151-15, for purposes of the drug court division. This article shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the General Assembly for the purpose of drug abuse treatment or education programs or drug court divisions."

SECTION 4. (a) Except as provided in subsection (b) of this Section, this Act shall become effective upon its approval by the Governor or upon its become law without such approval. (b) Sections 2 and 3 of this Act shall become effective on July 1, 2010; provided, however, that with respect to the additional offenses to which additional penalties are applied under Section 3 this Act, such additional penalties shall be applied only to such offenses committed on or after July 1, 2010.

By redesignating Section 3 as Section 5.

Representative Lunsford of the 110th moved that the House agree to the Senate substitute, as amended by the House, to HB 1053.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison

Y Crawford Davis
Y Dawkins-Haigler

Y Hembree Y Henson Y Hill, C

Y Marin Y Martin Y Maxwell

Y Scott, M Y Sellier Y Setzler

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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
Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D E Collins, T Y Cooper
Cox

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

Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E 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 E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford N 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
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 N Scott, A

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 N 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 motion, the ayes were 150, nays 9.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1053 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 1053.

/s/ Bobby Franklin Representative, District 43

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The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 373. By Senators Grant of the 25th, Murphy of the 27th, Crosby of the 13th, Douglas of the 17th and Staton of the 18th:
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.

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The Senate has agreed to the House substitute to 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.
The Senate has adopted the report (LC 18 9299S) of the Committee of Conference on the following bill of the House:
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 Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:

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SB 6.

By Senators Jackson of the 24th, Williams of the 19th, Goggans of the 7th, Douglas of the 17th, Grant of the 25th and others:

A BILL to be entitled an Act to amend Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; to repeal conflicting laws; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

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.

Mr. Speaker:

The Senate has agreed to the House substitute to the following bill of the Senate:

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.

The Senate has adopted the report of the Committee of Conference on the following bill of the House:

HB 169. By Representatives Carter of the 159th, England of the 108th, Manning of the 32nd and Morgan of the 39th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills of the Senate:
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 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 533. By Senator Henson of the 41st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Lilburn, approved August 25, 2002 (Ga. L. 2002, p. 4757), so as to

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change the corporate limits of the city; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill 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 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.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following members were recognized during the period of Evening Orders and addressed the House:
Everson of the 106th and Keen of the 179th.

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The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 396

The Committee of Conference on HB 396 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 396 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Cowsert Senator, 46th District

/s/ Tom Rice Representative, 51st District

/s/ Jack Murphy Senator, 27th District

/s/ Tim Bearden Representative, 68th District

/s/ Jeff Mullis Senator, 53rd District

/s/ Alan Powell Representative, 29th District

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A BILL
To amend provisions of the Official Code of Georgia Annotated relating to drivers and drivers' licenses; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions; to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to modify the department's use of the SAVE program; to provide that a driver's license suspended in another state may be reinstated; to change the classifications for licenses issued to noncommercial classes of motor vehicles; to change requirements relating to the expiration and renewal of certain licenses; to provide that fees paid to counties for reporting information contained on the uniform citation form shall be subject to appropriations; to delete the requirement of notice by certified mail; to provide for proper handling of suspensions when multiple convictions are obtained; to require permit drivers to surrender their permits upon certain convictions; to revise the requirements for submission of fingerprints; to revise certain provisions relating to issuance of identification cards; to prohibit unauthorized scanning of licenses, permits, and identification cards; to provide that the international handicapped symbol shall be displayed on identification cards issued to persons with disabilities; to revise the requirements for formatting identification cards issued to persons with disabilities; to provide for electronic signatures on uniform traffic citations; to provide the department with the power to contract for goods and services; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to provide that every motor carrier subject to regulation by the Public Service Commission shall be provided information emphasizing that it is illegal to allow persons under the age of 21 to possess or consume alcoholic beverages while being transported; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-1, relating to definitions regarding drivers' licenses, by revising paragraph (12) as follows:
"(12) 'Mail' means to deposit in the United States mail properly addressed and with postage prepaid. For purposes of payment of a reinstatement or restoration fee for a driver's license suspension or revocation, 'mail' shall also mean payment via means other than personal appearance."

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SECTION 1.1. Said title is further amended in Code Section 40-5-2, relating to keeping of records of applications for drivers' licenses and keeping and disseminating information on licensees, by revising subsection (j) as follows:
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00."
SECTION 2. Said title is further amended in Code Section 40-5-21.1, relating to drivers' licenses for noncitizens and evidence of lawful presence in the United States, by revising subsection (a) as follows:
"(a) Notwithstanding any other provision of this title, an applicant who presents in person valid documentary evidence of:
(1) Admission to the United States in a valid, unexpired nonimmigrant status; (2) A pending or approved application for asylum in the United States; (3) Admission into the United States in refugee status; (4) An approved application for temporary protected status in the United States; (5) Approved deferred action status; (6) Other federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law; or (7) Verification of lawful presence as provided by Code Section 40-5-21.2 may be issued a temporary license, permit, or special identification card. Such temporary license, permit, or special identification card shall be valid only during the period of time of the applicant's authorized stay in the United States or three five years, whichever occurs first."
SECTION 3. Said title is further amended in Code Section 40-5-21.2, relating to compliance with the Systematic Alien Verification for Entitlements Program, by revising subsection (b) as follows:
"(b) The department shall utilize the following procedures in this subsection before issuing an identification card, license, permit, or other official document to an applicant who is a noncitizen:

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(1) The department shall attempt to confirm through the SAVE program that the applicant is lawfully present in the United States; and (2) If the SAVE program does not provide sufficient information to the department to make a determination, the department shall be authorized to accept verbal or e-mail confirmation of the legal status of the applicant from the Department of Homeland Security."
SECTION 4. Said title is further amended in Code Section 40-5-52, relating to the suspension of a driver's license or operating privilege for conduct occurring in another state, by adding a new subsection to read as follows:
"(d) Whenever the department has suspended the license of a Georgia resident or refused to issue a driver's license to any person for conduct that occurred in another state, it shall review the suspension at least once every five years and shall reinstate the license if the department determines that the suspension is no longer warranted and the person would otherwise be eligible for a license."
SECTION 5. Said title is further amended in Code Section 40-5-23, relating to classes of drivers' licenses, by revising subsection (c) as follows:
"(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class A E -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B F and Class C; Class B F -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C;

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Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instruction permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A E or Class B F license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license."

SECTION 6. Said title is further amended in Code Section 40-5-24, relating to instruction permits and graduated licensing, by revising subsection (d) as follows:
"(d) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A E and B F. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A E and B F, the applicant shall pass a knowledge and skill test for driving a Class A E or B F vehicle as provided by the commissioner."

SECTION 7.

Said title is further amended in Code Section 40-5-25, relating to driver's license

applications and fees, by revising subsections (a) and (b) as follows:

"(a) Every application for an instruction permit or for a driver's license shall be made

upon a form furnished by the department. Every application shall be accompanied by

the proper license fee. The fees shall be as established by the commissioner, not to

exceed:

(1) For instruction permits for Classes A, B, C, E, F, and M driver's

licenses and for Class D drivers' licenses ................................................

$ 10.00

(2) For five-year Classes A, B, C, E, F, and M noncommercial drivers'

licenses ......................................................................................................

20.00

(2.1) For ten-year eight-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses ...............................................................

35.00

(3) For Classes A, B, C, and M commercial drivers' licenses .................

20.00

(4) For application for Classes A, B, C, and M commercial drivers'

licenses or a Class P commercial driver's instruction permit....................

35.00

(5) For Class P commercial drivers' instruction permits for Classes A,

B, C, and M commercial drivers' licenses ................................................

10.00

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(6) For Classes A, B, C, and M commercial drivers' licenses, initial

issuance requiring a road test ....................................................................

70.00

(7) For Classes A, B, C, and M commercial drivers' licenses, initial

issuance not requiring a road test..............................................................

20.00

(8) For renewal of Classes A, B, C, and M commercial drivers'

20.00

licenses ......................................................................................................

(8.1) For renewal of five-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses ...............................................................

20.00

(8.2) For renewal of ten-year eight-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses ...............................................................

35.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers'

licenses and Class P commercial drivers' instruction permits shall

include all endorsement fees within the license fee. Each endorsement

added after initial licensing .......................................................................

5.00

The commissioner may by rule provide incentive discounts in otherwise applicable fees

reflecting cost savings to the department where a license is renewed by means other

than personal appearance. The discount for renewal of a Class C or Class M license

shall be $5.00 and any other discounts shall be as determined by the commissioner.

Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code

Section 40-5-149, relating to application fees for public school bus drivers, there shall

be no exceptions to the fee requirements for a commercial driver's license or a

commercial driver's license permit. Notwithstanding any other provision of this Code

section, there shall be no fee whatsoever for replacement of any driver's license solely

due to a change of the licensee's name or address, provided that such replacement

license shall be valid only for the remaining period of such original license; and

provided, further, that only one such free replacement license may be obtained within

the period for which the license was originally issued. Any application for the

replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the

licensee's name or address submitted within 150 days of the expiration of said license

shall be treated as an application for renewal subject to the applicable license fees as set

forth in this subsection.

(b)(1) Each person applying for a Class P commercial or noncommercial instruction

permit for a Class A, B, C, E, F, or M driver's license shall pay the applicable license

fee prior to attempting the knowledge test for the instruction permit sought. If said

person fails to achieve a passing score on the knowledge test, the license fee paid shall

be considered a testing fee and retained by the department. Any person failing to

achieve a passing score on the knowledge test for an instructional permit shall pay the

applicable license fee on each subsequent attempt until successful, at which time said

fee shall be his or her license fee.

(2) Each person applying for a Class A, or B, or C commercial driver's license shall

pay the applicable license fee at the time that he or she schedules his or her

appointment for said skills test. If said person fails to appear for his or her scheduled

skills test appointment or fails to achieve a passing score on the skills test, the license

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fee paid shall be considered a testing fee and retained by the department. The person shall pay the applicable license fee on each subsequent attempt until successful, at which time said fee shall be his or her license fee. All fees retained by the department pursuant to this Code section shall be remitted to the general fund."
SECTION 8. Said title is further amended in Code Section 40-5-28, relating to the contents of drivers' licenses and prohibition of biological identifiers, by revising subsection (a) as follows:
"(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."
SECTION 9. Said title is further amended in Code Section 40-5-32, relating to the expiration and renewal of drivers' licenses, by revising subsection (a) as follows:
"(a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, E, F, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply for a license which shall expire on the licensee's birthday in the fifth or tenth eighth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's or honorary license shall be valid expire on the licensee's birthday in the eighth year following the issuance thereof until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran or

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honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection."
SECTION 10. Said title is further amended by revising subsection (b) of Code Section 40-5-53, relating to the service of notice of suspensions by courts to the department, as follows:
"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. Subject to appropriations by the General Assembly, the The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court."
SECTION 11. Reserved.
SECTION 12. Said title is further amended in Code Section 40-5-56, relating to drivers' license suspensions for failure to appear and respond to traffic citations, by revising subsection (a) as follows:
"(a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear. Notwithstanding the foregoing, the

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department shall send notice of any suspension imposed pursuant to this Code section. Such notice shall be sent via certified mail to the address reflected on its records as the person's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such person of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the owner shall be required for the suspension provided for in this Code section. Proof of receipt of said notice shall be admissible to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear."
SECTION 13. Said title is further amended in Code Section 40-5-63, relating to periods of license suspensions and conditions prior to return of license, by revising subsection (a) as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred:"
SECTION 14. Said title is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (d) and (e) as follows:
"(d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate; (4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require.

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(e) Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver's license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. Permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Permits may be renewed until the person has his or her license reinstated for the violation that was the basis of the issuance of the permit. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license limited driving permit issued to him or her."
SECTION 15. Said title is further amended in Code Section 40-5-75, relating to license suspensions by operation of law for drug convictions, by adding a new subsection and revising subsection (i) as follows:
"(a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department." "(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that

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results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 16. Said title is further amended in Code Section 40-5-82, relating to driver improvement clinics, by revising subsection (e) as follows:
"(e) The department shall conduct a records check for any applicant for certification as an operator, director, or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets at least one set of classifiable fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit both sets of the fingerprints to the Georgia Crime Information Center, which shall submit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 17. Said title is further amended in Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, by adding a new subsection to read as follows:
"(f)(1) Each applicant for certification to own or operate a driver improvement clinic shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (2) No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States

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Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 18. Said title is further amended in Code Section 40-5-100, relating to the issuance of identification cards by the department, by revising subsection (b) as follows:
"(b) The identification card shall be valid for a period of five or ten eight years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number."
SECTION 19. Said title is further amended in Code Section 40-5-103, relating to identification card fees, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $35.00 for a ten-year an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees."
SECTION 20. Said title is further amended in Code Section 40-5-120, relating to unlawful use of drivers' licenses or identification cards, by deleting "or" at the end of paragraph (3), substituting "; or" for the period at the end of paragraph (4), and adding a new paragraph (5) to read as follows:
"(5) Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each unlawful act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose."
SECTION 21. Said title is further amended in Code Section 40-5-171, relating to the issuance and contents of identification cards for persons with disabilities, by revising subsection (a) and adding a new subsection to read as follows:
"(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any

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other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; and (12)(11) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(c) In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver's license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion."
SECTION 22. Said title is further amended by revising Code Section 40-5-173, relating to the format of identification cards for persons with disabilities, as follows:
"40-5-173. The face of the identification card for persons with disabilities shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space within which the issuer of the card department shall enter such medical information as the applicant may request. The department may print the urgent medical indicator and wording on the reverse of any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."
SECTION 23. Said title is further amended by revising Code Section 40-5-174, relating to identification cards for persons with disabilities with special transportation needs, as follows:

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"40-5-174. The face of the identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. The department may print the transportation indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."
SECTION 24. Said title is further amended by revising Code Section 40-5-175, relating to identification cards for persons with disabilities with special seating needs at public events, as follows:
"40-5-175. The identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state. The department may print the priority seating indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."
SECTION 25. Said title is further amended in Code Section 40-13-2.1, relating to signatures required on uniform traffic citations, by adding a new subsection to read as follows:
"(c) The signature of any person to whom a citation is issued may be captured electronically."
SECTION 26. Said title is further amended in Code Section 40-16-4, relating to the powers and duties of the commissioner, by adding a new subsection to read as follows:
"(f) The department shall have the authority to contract and make cooperative and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; or any public authority, agency, commission, or institution, including agencies of state government, for the purpose of obtaining goods, materials, and services needed to perform any of the duties, responsibilities, or functions vested in the department."

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SECTION 27. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-12A-6, relating to eligibility to operate an ignition interlock device provider center or to provide, install, or monitor ignition interlock devices, by deleting "and" at the end of paragraph (3), substituting a semicolon for the period at the end of paragraph (4), and enacting new paragraphs (5) and (6) to read as follows:
"(5) Shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (6) Shall be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 28. Said title is further amended in Code Section 43-13-4, relating to qualifications of driver training school operators, by deleting "and" at the end of paragraph (5), substituting a semicolon for the period at the end of paragraph (6), and enacting new paragraphs (7) and (8) to read as follows:
"(7) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (8) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 29. Said title is further amended in Code Section 43-13-5, relating to qualifications for driver training school instructors, by deleting "and" at the end of paragraph (4), substituting a

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semicolon for the period at the end of paragraph (5), and enacting new paragraphs (6) and (7) to read as follows:
"(6) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (7) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 30. Said title is further amended by revising Code Section 43-13-6.1, relating to qualifications for alcohol and drug awareness program instructors, as follows:
"43-13-6.1. (a) The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. (b) Each applicant shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (c) The commissioner shall not issue a special license to any applicant unless he or she is a United States citizen, or if not a citizen, he or she presents federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."
SECTION 31. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-85.10, relating to eligibility for

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a chauffeur's permit, as follows: "46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must: (1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and (3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five ten years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation any felony or any other crime of moral turpitude or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten years shall not be considered a conviction unless the conviction is for a dangerous sexual offense which is contained in Code Section 42-1-12 or the criminal offense was committed against a victim who was a minor at the time of the offense (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and

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an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law."

SECTION 32. Said title is further amended by adding a new Code section to read as follows:
"46-7-92. Any carrier subject to the jurisdiction of the commission that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commission shall provide to all such carriers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the carrier."

SECTION 33. This Act shall become effective on July 1, 2010.

SECTION 34. All laws and parts of laws in conflict with this Act are repealed.

Representative Rice of the 51st moved that the House adopt the report of the Committee of Conference on HB 396.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden N Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks

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

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

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

Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E 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

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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 E Collins, T Y Cooper Y Cox

Y Floyd E 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 Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford N Maddox, B Y Maddox, G Y Mangham Y Manning

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
Roberts Y Rogers Y Rynders Y Scott, A

Y Stephenson Y Stout Y Talton
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 motion, the ayes were 149, nays 6.

The motion prevailed.

Representative Millar of the 79th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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.

The following Senate substitute was read:

A BILL

To amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as

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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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by revising subsection (a) as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section. For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule

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position attributable to the educator but for the leadership degree; provided, however, that this shall not apply, regardless of whether or not he or she is in a leadership position, to:
(1) An to an educator who possessed a leadership degree prior to July 1, 2010; or (2) An educator who possessed:
(A) A master's level leadership degree prior to July 1, 2012; (B) An education specialist level leadership degree prior to July 1, 2013; or (C) A doctoral level leadership degree prior to July 1, 2014, as long as he or she was enrolled in such leadership preparation program on or before April 1, 2009, regardless of whether or not he or she is in a leadership position."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Neal of the 1st moved that the House agree to the Senate substitute to HB 923.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles 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
Carter Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole

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

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
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight
Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas

Y Marin Y Martin Y Maxwell Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
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 Y Pruett Y Purcell Y Ramsey Randall Y Reece N Reese

Y Scott, M Y Sellier
Setzler 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 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

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Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M N Hatfield Y Heard Y Heckstall

Lunsford Y Maddox, B N Maddox, G Y Mangham Y 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 motion, the ayes were 150, nays 5.

The motion prevailed.

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.

The following Senate amendment was read:

The Senate moves to amend SB 345 by striking line 16 and inserting in lieu thereof the following:
"(d) Notwithstanding any other provision of law to the contrary, no county or municipality shall be liable in any action arising out of a race sanctioned under this Code section. (c)(e) Any person convicted of violating subsection (b) of this Code section shall be guilty

Representative Neal of the 1st moved that the House agree to the Senate amendment to the House substitute to SB 345.

On the motion, the roll call was ordered and the vote was as follows:

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

N Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Dollar N Dooley Y Drenner N Dukes

Y Hembree Henson
N Hill, C Y Hill, C.A Y Holt
Horne N Houston N Howard Y Hudson Y Hugley N Jackson N Jacobs

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

N Scott, M N Sellier N Setzler Y Shaw
Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B N Smith, E N Smith, K Y Smith, L

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

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

E James N Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen N Keown N Kidd Y Knight
Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long N Loudermilk N Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham Y Manning

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

Y Smith, R N Smith, T Y Smyre Y Stephens, M Y Stephens, R
Stephenson N Stout Y Talton Y Taylor N Teilhet
Thomas Y Thompson
VACANT Y Walker
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 motion the ayes were 96, nays 55.

The motion prevailed.

Representative Harden of the 28th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Hatfield of the 177th moved that the House reconsider its action in agreeing to the Senate amendment to the House substitute to SB 345.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Davis
Dawkins-Haigler Day Y Dempsey N Dickson N Dobbs Dodson Y Dollar Y Dooley N Drenner Y Dukes E Ehrhart N England Y Epps, C

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

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

Y Scott, M Y Sellier N Setzler N Shaw
Sheldon Y Sims, B N Sims, C E Sinkfield Y Smith, B Y Smith, E Y Smith, K Y Smith, L Y Smith, R Y Smith, T N Smyre

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

Y Epps, J N Everson N Floyd E Fludd Y Franklin Y Frazier
Fullerton N Gardner N 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
Heckstall

Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Kidd
Knight Knox Y Lane, B E Lane, R Y Levitas Lindsey Y Long N Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham Manning

N Neal Y Nix N Oliver N O'Neal Y Parrish Y Parsons N Peake Y Porter Y Powell, A Y Powell, J N Pruett N Purcell Y Ramsey
Randall Y Reece Y Reese Y Rice
Roberts Y Rogers Y Rynders Y Scott, A

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

On the motion, the ayes were 114, nays 36.

The motion prevailed.

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.

The following Senate amendment was read:

The Senate moves to amend the House substitute to SB 519 by substituting "certain definitions" for "the definition of motorized cart" on line 2 and by adding "to allow golf carts to make seasonal deliveries in residential areas;" after "carts;" on line 3.

By substituting "revising paragraphs (25.1) and (32) and adding new paragraphs to" for "revising paragraph (32)" on line 9.

By adding between lines 9 and 10 the following: "(25.1) 'Low-speed vehicle' means any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles

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per hour on a paved level surface and which is manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001. Low-speed vehicle shall include golf carts and landscape type vehicles. Either of these types of vehicles could have cargo platforms or bins to transport parcels or a hitch to tow a trailer and be powered by gas or electric motors. These vehicles shall not be required to have a vehicle identification number."
By adding between lines 12 and 13 the following: "(51.1) 'Residential area' means areas zoned primarily or exclusively for singlefamily or multifamily residential use." "(55.1) 'Seasonal delivery personnel' means an employee of a licensed commercial delivery service that has at least 10,000 employees in this state who is delivering packages during the shipping period from October 1 to December 31 each year."
By substituting for lines 31 through 44 the following: (a) Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety. Motorized carts may be operated on streets only during daylight hours unless the applicable local government determines that a motorized cart may be operated at night if it complies with the equipment regulations promulgated by that local government. At a minimum, the equipment for motorized carts that may be operated at night shall include operable headlights and tail lamps. Motorized carts that may be operated at night which are manufactured after January 1, 2011, shall also be equipped with a horn and side reflectors. (b) Seasonal delivery personnel may use golf carts and landscape type vehicles solely for the purpose of delivering express envelopes and packages that have a maximum size of 130 inches for the combined length and girth and weighing not more than 150 pounds. (c) Golf carts and landscape type vehicles may travel on public roads within residential areas with a posted speed limit of 35 miles per hour or less. Operators of golf carts and landscape type vehicles must possess a valid driver's license.
(d) Seasonal delivery personnel may pull a trailer from a golf cart or landscape type vehicle provided such vehicles are marked in a conspicuous manner with the name of the delivery service and equipped with the minimum equipment required under this Code section, including, but not limited to, headlights, tail lamps, and any other safety equipment required for operation after sunset."
Representative Sims of the 119th moved that the House agree to the Senate amendment to the House substitute to SB 519.
On the motion, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

Y Abdul-Salaam Y Abrams
Allison 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 Y Byrd Y Carter Casas Y Chambers Channell Y Cheokas Y Coan Cole Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Crawford Y Davis Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier
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
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs E James Y Jerguson Y Johnson
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Kidd Y Knight
Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E 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 Y Purcell Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders
Scott, A

Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E 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 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 motion the ayes were 147, nays 2.

The motion prevailed.

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

House of Representatives Atlanta, Georgia 30334

This version of SB 519 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

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It would have been a violation of my oath of office to have voted to pass this version of SB 519.
/s/ Bobby Franklin Representative, District 43
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 Senate amendment was read:
The Senate moved to amend the House Committee on Judiciary substitute to SB 131 (LC 29 4060S) by striking the period at the end of line 312 and inserting in lieu thereof the following:
, provided that in the case of a cemetery trust, notice shall be given to the Attorney General. For purposes of this subsection, the term 'cemetery trust' means a trust the sole purpose of which is to hold and invest property to be used for the maintenance and care of cemetery plots.
By adding a space between lines 2359 and 2360.
By striking line 2360 and inserting in lieu thereof the following: 53-12-411.
By striking line 2367 and inserting in lieu thereof the following: 53-12-412.
Representative Willard of the 49th moved that the House agree to the Senate amendment to the House substitute to SB 131.
On the motion, the roll call was ordered and the vote was as follows:

5990

JOURNAL OF THE HOUSE

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
Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

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

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs 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 E Lane, R Y Levitas Y Lindsey Y Long
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
Millar Y Mills Y Mitchell Y Morgan E 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 Scott, M Y Sellier Y 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
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 motion the ayes were 154, nays 3.

The motion prevailed.

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.

THURSDAY, APRIL 29, 2010

5991

/s/ Bobby Franklin Representative, District 43
The following member was recognized during the period of Evening Orders and addressed the House:
Burkhalter of the 50th.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 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.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.

5992

JOURNAL OF THE HOUSE

The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 Senate recedes from its substitute to the following bill of the House:
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 Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, APRIL 29, 2010

5993

SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 258. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 250. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibited acts relating to public schools, so as to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge, intention, or recklessness shall be an element of such offense; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:

5994

JOURNAL OF THE HOUSE

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.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 Bills of the House and Senate were taken up for the purpose of considering the Senate action 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 following Senate amendments were read:

THURSDAY, APRIL 29, 2010

5995

Senate Amendment #1
The Senate moves to amend HB 907 (LC 33 3346) by inserting after "scheduling;" on line 3 the following:
to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for application deadlines; to provide deadlines for scholarship payments to parents;
By inserting between lines 70 and 71 the following: SECTION 1B.
Said article is further amended in Code Section 20-2-2114, relating to qualifications for scholarship, by revising paragraphs (3) and (5) of subsection (a) as follows:
"(3) The student has spent the prior school year in attendance at a Georgia public school and shall have had an has a current Individualized Education Program (IEP) written by the school in accordance with federal and state laws and regulations, regardless of when such IEP was put into place;" "(5) The parent submits an application for a scholarship to the department no later than the deadline established by the department; provided, however, that the department shall provide application deadline opportunities on August 1, October 1, and March 1 of each school year for a student to transfer."
SECTION 1C. Said article is further amended in Code Section 20-2-2116, relating to amount of scholarship, by revising subsection (e) as follows: "(e) Upon proper documentation received by the department, the department shall make equal quarterly scholarship payments to the parents of scholarship students on dates established by the department or, for students who have been enrolled in a participating school for at least ten days in the prior quarter if such students enrolled in the participating school after the school's start date, the department shall make scholarship payments to the parents of such students beginning on the next payment date included in this subsection. The department shall make payments on or before September 1, November 1, February 1, and April 1 for periods corresponding, respectively, to July 1 through September 30, October 1 through December 31, January 1 through February 28, and March 1 through June 30 during each academic year in which the scholarship is in force. In the event that a quarterly payment date is missed due to a student not having been enrolled for at least ten days in the prior quarter, the full or prorated scholarship amount, as applicable, for that deadline shall be included in the payment on the next following payment deadline. The state auditor shall cite as an audit exception any failure by the department to meet any such payment deadlines and shall include such audit exceptions on the website established pursuant to Code Section 50-6-32. The initial payment shall be made upon evidence of admission to the participating school, and subsequent payments shall be made on evidence of continued enrollment and attendance at the participating school."

5996

JOURNAL OF THE HOUSE

Senate Amendment #2

The Senate moves to amend HB 907 (LC 33 3346) by inserting after "scheduling;" on line 3 the following:
to amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, so as to provide for additional notification of the program;

By inserting between lines 70 and 71 the following: SECTION 1A.
Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the scholarship program for special needs students, is amended in Code Section 20-22113, relating to annual notification of options available to parents of special needs children, by revising subsection (a) as follows:
"(a) The resident school system shall annually notify prior to the beginning of each school year the parent of provide the following notice to the parents of all enrolled students a student with a disability by letter, by electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. and, if the school system utilizes automated telephone calls, by such automated system in each January and April:

'Your child may be eligible for a Georgia Special Needs Scholarship to attend a private school or another public school if your child has an Individualized Education Program (IEP). Information may be found at www.specialedoptions.com relating to eligibility requirements.'

In addition, the resident school system shall ensure that a student with a disability is notified at each individualized education program (IEP) meeting."

Representative Casas of the 103rd moved that the House agree to the Senate amendments to HB 907.

On the motion, the roll call was ordered and the vote was as follows:

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

N Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley
Drenner Y Dukes

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

Y 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, M N Sellier Y Setzler N Shaw
Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L

THURSDAY, APRIL 29, 2010

5997

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

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

E James Y Jerguson Y Johnson Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown
Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas
Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

E Morris N 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 Y Rice Y Roberts Y Rogers
Rynders Y Scott, A

Y Smith, R Y Smith, T Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Stout Y Talton Y Taylor Y Teilhet N Thomas N Thompson
VACANT Y 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 motion, the ayes were 138, nays 14.

The motion prevailed.

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 907 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 907.

/s/ Bobby Franklin Representative, District 43

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:

5998

JOURNAL OF THE HOUSE

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 Senate substitute was read:
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 turn; to modify certain conditions when fleeing or eluding shall be treated as a felony offense; 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

THURSDAY, APRIL 29, 2010

5999

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. Said chapter is further amended in Code Section 40-6-395, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, by revising subparagraph (b)(5)(A) as follows:
"(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense, other than a violation of this chapter, not expressly provided for in this paragraph:
(i) operates Operates his or her vehicle in excess of 30 20 miles an hour above the posted speed limit,; (ii) strikes Strikes or collides with another vehicle or a pedestrian,; (iii) flees Flees in traffic conditions which place the general public at risk of receiving serious injuries,; (iv) Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6391; or (v) leaves Leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both."

SECTION 3. This Act shall become effective on July 1, 2010, and be applicable to all offenses committed on or after that date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Reese of the 98th moved that the House agree to the Senate substitute to HB 1231.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison
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
Dodson Dollar

Y Hembree N 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 N Mayo N McCall N McKillip Y Meadows Y Millar

Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y Smith, B

6000

JOURNAL OF THE HOUSE

Y Battles Y Bearden N Beasley-Teague Y Bell N Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner
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 E Collins, T Y Cooper Y Cox

Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd E Fludd N Franklin
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 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 Y Knight Y Knox Y Lane, B E Lane, R Y Levitas
Lindsey N Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham
Manning

Y Mills Y Mitchell Y Morgan E 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 Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece Y Reese Y Rice N Roberts Y Rogers Y Rynders Y Scott, A

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 Y Stout Y Talton N Taylor Y Teilhet Y Thomas Y Thompson
VACANT 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 motion, the ayes were 138, nays 16.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 1231 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 1231.

/s/ Bobby Franklin Representative, District 43

The Speaker Pro Tem assumed the Chair.

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:

THURSDAY, APRIL 29, 2010

6001

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.

The following Senate amendment was read:

The Senate moves to amend the House substitute (LC 36 1632ERS) to SB 237 by striking lines 22 through 26 and inserting in lieu thereof the following: (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current market rates, maintaining the same markup percentage he or she applied prior to the state of emergency may increase the price of goods or services during a state of emergency if the price charged for those goods or services is no greater than the cost to the retailer of those goods or services, plus the retailer's average markup percentage applied during the ten days immediately prior to the declaration of a state of emergency."

Representative England of the 108th moved that the House agree to the Senate amendment to the House substitute to SB 237.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison
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
Burkhalter Y Burns

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

Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y 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 Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan E Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parrish Y Parsons Y Peake

Y Scott, M Y Sellier
Setzler Shaw Sheldon Y Sims, B 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 Y Stout Y Talton Y Taylor Y Teilhet

6002

JOURNAL OF THE HOUSE

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

Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard
Heckstall

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

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 Thomas Y Thompson
VACANT 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 motion the ayes were 148, nays 0.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 982

The Committee of Conference on HB 982 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 982 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

THURSDAY, APRIL 29, 2010

6003

/s/ Heath Senator, 31st District

/s/ O'Neal Representative, 146th District

/s/ Chance Senator, 16th District

/s/ Jay Roberts Representative, 154th District

/s/ Greg Morris Representative, 155th District

A BILL

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new paragraph in subsection (c) of Code Section 48-2-55, relating to attachment and garnishment, to read as follows:
"(3) Within at least six months of, and no less than 30 days before, a levy, the commissioner shall provide a balance due notice to the taxpayer by first-class mail addressed to the taxpayer's last known address as shown on the records of the department. The notice shall identify the state tax executions issued against the taxpayer, state the total amount necessary to fully satisfy the tax executions as of the date of the notice, provide the taxpayer an opportunity to pay the total amount due within a certain time period not less than 30 days, and state that the department may levy and seize the taxpayer's property and rights to property if full payment is not received within that time period."

SECTION 2. Said title is further amended in said Code section by adding a new subsection to read as follows:
"(g)(1) Notwithstanding any other provision of this Code section which provides for the attachment, garnishment, or levy against property, rights to property, or money, the department may use the administrative garnishment process established in this subsection to collect from a delinquent taxpayer any delinquent taxes, fees, license fees, penalties, interest, or collection costs due the state that are imposed by this title

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or which the commissioner or the department is responsible for collecting under any other law.
(2)(A) The department may initiate an administrative garnishment to have property or rights to property belonging to the delinquent taxpayer, or wages or other compensation due the delinquent taxpayer, assigned by the garnishee to the department up to the amount of the full debt to be collected by the department. (B) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to an administrative garnishment. (3)(A) The commissioner or the commissioner's authorized representative shall serve the summons of administrative garnishment upon the garnishee and shall file a return of service with the department. In addition to any other methods of service, the summons of administrative garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the department. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from such commercial firm of the garnishee's refusal to accept delivery shall be filed with the department. (B) Not more than three business days after the summons of administrative garnishment is served on the garnishee, the department shall send a written notice of the summons to the delinquent taxpayer at the taxpayer's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the taxpayer or evidence of the taxpayer's refusal to accept such registered or certified mail or statutory overnight delivery addressed to the taxpayer shall be deemed notice to the taxpayer. The department may also effect service on the taxpayer using one of the methods set forth in Code Section 18-4-64. (4)(A) Upon receipt of a summons of administrative garnishment from the department, a garnishee shall immediately give effect to the administrative garnishment and hold whatever property, rights to property, or money belonging to the delinquent taxpayer to the extent of the debt indicated in the summons from the department. (B) Except as provided in subparagraph (C) or (D) of this paragraph, the garnishee shall send the department an answer stating what money or other property is subject to the garnishment and shall forward to the department the delinquent taxpayer's property, rights to property, or money, to the extent required in the summons, no sooner than 30 days and not later than 45 days after the garnishee receives service of the summons of administrative garnishment. The garnishee may deduct $50.00

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from the amount of the property transferred to the department as reimbursement for reasonable expenses in making a true answer of garnishment. (C) Under circumstances where the delinquent taxpayer has been an employee of the garnishee, the delinquent taxpayer is no longer employed by the garnishee, and the garnishee has no money or property of the delinquent taxpayer subject to garnishment, the garnishee may immediately send an answer; however, such answer shall be sent not later than 45 days after the service of the summons. (D) If the delinquent taxpayer appeals the administrative garnishment pursuant to paragraph (5) of this subsection, the department shall notify the garnishee and require that the garnishee hold all money or other property subject to garnishment until the conclusion of the appeal, but the garnishee shall continue to answer the department in the manner provided for in this subsection. Upon final determination of the delinquent taxpayer's appeal of the administrative garnishment, the department shall notify the garnishee that the administrative garnishment has either been dismissed, modified, or upheld and, if modified or upheld, shall notify the garnishee to forward the money or other property subject to garnishment to the department. (E) If the garnishee fails to answer or fails to surrender any property, rights to property, or money subject to administrative garnishment by the forty-fifth day after service of the summons of administrative garnishment, the garnishee shall automatically be assessed a sum equal to the taxpayer's liability as stated on the summons of administrative garnishment. Within 15 days of the date of the assessment, the assessment may be cured as a matter of right by the filing of an answer, and surrendering any property belonging to the delinquent taxpayer not to exceed the total amount of the assessment. If the assessment has not been cured by the expiration of the 15 day period, the garnishee shall be issued an official assessment. The liability imposed in this subparagraph shall be paid upon notice and demand by the commissioner or the commissioner's authorized representative and shall be assessed and collected in the same manner, with the same right of appeal under Code Section 48-2-59, as taxes administered by the commissioner, except as otherwise provided under subparagraph (G) of this paragraph. (F) If the garnishee serves its answer on the department as provided for in this subsection, the department shall reply to the answer within 15 days after it is served or the liability imposed by the summons shall be discharged. The department shall have 15 days from the filing of the reply to set a date for a hearing on the garnishee's answer and the reply of the department. The garnishee may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from receipt of the final administrative ruling. (G) When an official assessment is issued against a garnishee under subparagraph (E) of this paragraph, the garnishee may file a request to modify the official assessment as a matter of right with the commissioner within 60 days from the date the garnishee receives actual notice of the official assessment and upon payment of all actual costs of service incurred by the department. The official assessment shall

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be modified so that the amount of the assessment is reduced to an amount equal to $50.00 plus:
(i) The amount by which the garnishee was indebted to the delinquent taxpayer at the time of service; and (ii) All money, other property, or effects belonging to the delinquent taxpayer which came into the garnishee's hands from the time of service of the summons of garnishment through the last day on which an answer and delivery of property could have been made by the garnishee. Such amount shall not exceed the taxpayer's liability as stated on the summons of administrative garnishment. The garnishee may appeal the official assessment to superior court under Code Section 48-2-59 within 30 days from the expiration of the modification period. (H) Any garnishee who, upon service of an administrative garnishment by the commissioner or the commissioner's authorized representative, surrenders such property, rights to property, or money or otherwise discharges such obligation to the commissioner or the commissioner's authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property, rights to property, or money arising from such surrender or payment. (5)(A) A delinquent taxpayer shall have 15 days from receipt of the notice of summons of the administrative garnishment to appeal the administrative garnishment in writing to the department or to appeal to superior court under Code Section 48-2-59. Upon the filing of an appeal the delinquent taxpayer shall be a party to all further proceedings upon the administrative garnishment. (B) Upon receipt of a written administrative appeal, the department shall review the facts of the administrative garnishment and, if requested by the taxpayer, hold a hearing. Only a mistake of fact, including, but not limited to, a mistake in the identity of the delinquent taxpayer, a mistake in the amount owed to or being collected by the department, or a mistake of ownership of the property being garnished, shall be considered as a reason to dismiss or modify the administrative garnishment. (C) The department shall have 15 days from receipt of a written administrative appeal to set a hearing date for the appeal. The delinquent taxpayer may appeal any final administrative ruling to superior court under Code Section 48-2-59 within 30 days from the date of the final administrative ruling. (D) A challenge to an administrative action under this subsection shall not extend or reopen the statute of limitations to protest other departmental actions or to contest the amount or validity of the tax. (6)(A) At any time before a final administrative ruling pursuant to this subsection is entered on the garnishee's answer or money or other property subject to garnishment is distributed, any person other than the delinquent taxpayer may file a claim in writing under oath stating that such person has a claim superior to that of the department to the money or other property in the possession of the garnishee subject

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to the process of administrative garnishment. The claimant shall be a party to all further proceedings upon the administrative garnishment. (B) The department shall have ten days to set a hearing date from the later of (i) the date that the claim is filed, or (ii) the date when appeals, if any, have been finally determined under both subparagraph (F) of paragraph (4) of this subsection and under paragraph (5) of this subsection. (C) The department shall have the burden of proving that its claim to the money or other property subject to the garnishment proceeding is superior to that of the claimant. No money or other property subject to the garnishment and upon which the claimant has filed its claim shall be distributed until the hearing is held and an administrative ruling has been issued by the department. To the extent that the administrative ruling is in favor of the claimant, such money or other property to that extent shall be retained by or restored to the garnishee and any claim thereto by the claimant shall be made directly on the garnishee.
(7)(A) A notice of summons of administrative garnishment given to the delinquent taxpayer is effective without the serving of another notice until the earliest of either the date that the debt owed to the department is paid in full or the date that the delinquent taxpayer receives notice that the garnishment shall cease. (B) In the event no summons of garnishment has been issued on an assessment for two years or more, the garnishment proceeding based on that assessment shall automatically stand dismissed."
SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising paragraph (1) of Code Section 50-13-2, relating to definitions regarding administrative procedure, to read as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Technical College System of Georgia; the Department of Revenue when conducting hearings relating to alcoholic beverages or administrative garnishments; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:

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(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House adopt the report of the Committee of Conference on HB 982.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams N Allison
Amerson Y 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
Bruce N Bryant N Buckner
Burkhalter N Burns N Butler N Byrd N Carter N Casas
Chambers Y Channell Y Cheokas

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

Hembree N Henson Y Hill, C Y Hill, C.A N Holt
Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs E James N Jerguson N Johnson
Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown
Kidd Y Knight Y Knox Y Lane, B E Lane, R N Levitas Y Lindsey N Long

N Marin Martin
Y Maxwell May
N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan E Morris
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 N Purcell
Ramsey N Randall

N Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B
Sims, C E Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R N Smith, T
Smyre N Stephens, M Y Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet N Thomas N Thompson
VACANT Walker Weldon Y Wilkinson Willard

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

Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard N Heckstall

N Loudermilk N Lucas
Lunsford N Maddox, B N Maddox, G N Mangham Y Manning

Y Reece N Reese Y Rice N Roberts Y Rogers N Rynders Y Scott, A

N Williams, A N Williams, E N Williams, M Y Williams, R N Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 61, nays 86.

The motion was lost.

Representative Keen of the 179th moved that the House reconsider its action in failing to adopt the report of the Committee of Conference on HB 982.

On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Hembree N Henson N Hill, C Y Hill, C.A N Holt
Horne Y Houston
Howard N Hudson
Hugley N Jackson Y Jacobs E James N Jerguson N Johnson
Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown
Kidd Y Knight
Knox Y Lane, B E 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 Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows Y Millar
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 Y Pruett Y Purcell
Ramsey N Randall N Reece N Reese Y Rice Y Roberts Y Rogers
Rynders Y Scott, A

Y Scott, M Y Sellier
Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield N Smith, B N Smith, E Y Smith, K Y 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 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

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On the motion, the ayes were 76, nays 74.
The motion prevailed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 194
The Committee of Conference on SB 194 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 194 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Ronnie Chance Senator, 16th District

/s/ May Representative, 111th District

/s/ Cecil Staton Senator, 18th District

/s/ David Knight Representative, 126th District

/s/ Seth Harp Senator, 29th District

/s/ Tom McCall Representative, 30th District

A BILL

To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Guaranteed Energy Savings Performance Contracting Act"; to provide for definitions; to authorize state agencies to enter into guaranteed energy savings performance contracts; to provide for contract provisions; to provide for funding for contracts; to provide for review of capital improvement projects; to provide for statutory construction; to provide for related matters; to provide for effective dates, contingencies, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, is amended by revising Code Section 50-5-77, relating to benefits based funding projects, as follows:
"50-5-77. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Authority' means the Georgia Environmental Facilities Authority.

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(2)(3) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
(A) The vendor promises, or accepts the condition, guarantees that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract, or, where applicable, from sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (3)(4) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the state accounting officer, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee on Appropriations. (4)(5) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. (5)(6) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of equipment, goods, materials, real or personal property, improvements to real property, services, construction services, renovation services, and supplies as benefits based funding projects; provided, 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;

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(2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3)(2) The contract may be renewed only by a positive action taken by the agency; (3) In addition to any other remedies available to the agency, the contract shall provide that at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the state an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; and (5) The term of the contract, including any renewal periods, may not exceed extend past the date that is ten years from the date of the completion of the project that is the subject of the contract.; and (6) The agency's financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool and, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. (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

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exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments, or, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains may be transferred to the special dedicated fund by the agency. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) Payments to which a vendor is entitled under the contract may not be assigned without the approval of the agency. In its discretion, the agency may agree that the vendor may assign the payments to which it is entitled under the benefits based funding contract to a third party, provided that the agency will be made party to the assignment agreement and that any such assignment agreement will not alter the obligations of the agency under the contract, specifically including, but not limited to, the provisions required by subsection (b) of this Code section; and provided that the vendor, at the time of the request that the agency agree to an assignment of payments, must provide to the agency an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the guaranteed savings for the total project duration including any anticipated renewal periods and the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency must remain in force for the entire project duration including any renewal periods. As savings are realized and verified by the measurement tool during the term of the contract including renewal periods, the value of the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency may decrease proportionately. (j)(k) The external oversight committee shall have the responsibility to review and advise direct the authority to perform reviews and to recommend approval of all benefits based funding projects advising:
(1) The overall feasibility of the benefits based funding project;

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(2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (l) At the recommendation of the authority, each (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof shall be subject to further review by the authority or the external oversight committee at any time. (l)(m) Each agency shall prepare and certify an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its projects, the progress of the projects, its the consolidated savings or enhanced revenues of such projects, and such other information as may be relevant. This annual report shall be sent to the authority on behalf of the external oversight committee at a date determined by the authority. The authority shall review and consolidate all agency reports and submit a consolidated report to the Governor, the General Assembly, and the external oversight committee."
SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new chapter to read as follows:
"CHAPTER 37
50-37-1. This chapter shall be known and may be cited as the 'Guaranteed Energy Savings Performance Contracting Act.'
50-37-2. Unless otherwise provided, as used in this chapter, the term:
(1) 'Allowable costs' means equipment and project costs that: (A) The governmental unit reasonably believes will be incurred during the term of the guaranteed energy savings performance contract; and (B) Are documented by industry engineering standards.
(2) 'Authority' means the Georgia Environmental Facilities Authority. (3) 'Director' means the executive director of the Georgia Environmental Facilities Authority. (4) 'Energy conservation measure' means a program, or facility alteration, or technology upgrade designed to reduce energy, water, waste-water, or other consumption or operating costs. The term may include, without limitation:
(A) Insulation of the building structure or systems within the building; (B) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door

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systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (C) Automated or computerized energy control systems; (D) Heating, ventilating, or air-conditioning system modifications or replacements; (E) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to applicable state or local building codes for the lighting system after the proposed modifications are made; (F) Energy recovery ventilation systems; (G) A training program or facility alteration that reduces energy consumption or reduces operating costs, including allowable costs, based on future reductions in costs for contracted services; (H) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures; (I) A program to reduce energy costs through rate adjustments, load shifting to reduce peak demand, or use of alternative suppliers as otherwise provided by law, such as, but not limited to:
(i) Changes to more favorable rate schedules; (ii) Negotiation of lower rates, where applicable; and (iii) Auditing of energy service billing and meters; (J) The installation of energy information and control systems that monitor consumption, redirect systems to optimal energy sources, and manage energy using equipment; (K) Indoor air quality improvements; (L) Daylighting systems; (M) Renewable generation systems owned by the governmental unit, such as solar photovoltaic, solar thermal, wind, and other technologies as identified in the project, provided that all metered distribution and deliveries of electric energy are made by an electric supplier authorized under the 'Georgia Territorial Electric Service Act'; (N) Geothermal HVAC systems; (O) Water and sewer conservation measures, including, without limitation, plumbing fixtures and infrastructure; (P) Equipment upgrades that improve accuracy of billable revenue generating systems; and (Q) Automated, electronic, or remotely controlled systems or measures that reduce direct and other operating costs. (5) 'Guaranteed energy savings performance contract' means a contract between the governmental unit and a qualified energy service provider for evaluation, recommendation, and implementation of one or more energy conservation measures which shall include, at a minimum, the design and installation of equipment and, if applicable, operation and maintenance of any of the measures implemented, and guaranteed annual savings which must meet or exceed the total annual contract

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payments made by the governmental unit for such contract, including financing charges to be incurred by the governmental unit over the life of the contract. (6) 'Governmental unit' means any officer, employee, authority, board, bureau, commission, department, agency, or institution of a government agency, including, but not limited to, any state agency, state-aided institution, or any county, city, district, municipal corporation, municipality, municipal authority, political subdivision, school district, educational institution, incorporated town, county institution district, other incorporated district, or other public instrumentality which has the authority to contract for the construction, reconstruction, alteration, or repair of any public building or other public work. (7) 'Industry engineering standards' means:
(A) Life cycle costing; (B) The R.S. Means-estimated costing method developed by the R.S. Means Company; (C) Historical data; (D) Manufacturer's data; (E) American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) standards; (F) International Performance Measurement and Verification Protocol; and (G) Other applicable technical performance standards established by nationally recognized standards authorities. (8) 'Investment grade energy audit' means a study by the qualified energy services provider selected for a particular guaranteed energy savings performance contract project which includes detailed descriptions of the improvements recommended for the project, the estimated costs of the improvements, and the utility and operation and maintenance cost savings projected to result from the recommended improvements. The investment grade energy audit shall also include a detailed economic analysis of the project's performance over the life of the contract term. (9) 'Operational cost savings' means a measurable decrease in operation and maintenance costs that is a direct result of the implementation of one or more energy conservation measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs. (10) 'Qualified energy services provider' means a person or business with a record of documented guaranteed energy savings performance contract projects that is experienced in the design, implementation, and installation of energy conservation measures; has the technical capabilities to verify that such measures generate guaranteed energy and operational cost savings or enhanced revenues; has the ability to secure or arrange the financing necessary to support energy savings guarantees; and is approved by the authority for inclusion on the prequalifications list. (11) 'State agency' means every state agency, authority, board, bureau, commission, and department, including, without limitation, the Board of Regents of the University System of Georgia.

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50-37-3. (a) A governmental unit may enter into a guaranteed energy savings performance contract with a qualified provider in accordance with the provisions of this chapter or in accordance with another statutorily authorized procurement process. (b) If in accordance with applicable law the award of a contract by a governmental unit requires action at a public meeting, a governmental unit may award a guaranteed energy savings performance contract at a public meeting, if it has provided public notice in the manner prescribed under applicable law relating to open meetings, and the notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit may award a guaranteed energy savings performance contract in accordance with the procedures adopted by the governmental unit and the requirements of all applicable laws. (c) Selection of qualified energy services provider. The process of implementing guaranteed energy savings performance contracts for governmental units shall include:
(1) Prequalification of qualified energy services providers. The authority shall be authorized to assemble a list of prequalified energy services providers. The director shall attempt to use objective criteria in the selection process. The criteria for evaluation shall include the following factors to assess the capability of the qualified energy services provider in the areas of design, engineering, installation, maintenance, and repairs associated with guaranteed energy savings performance contracts; postinstallation project monitoring, data collection, and verification of and reporting of savings; overall project experience and qualifications; management capability; ability to access long-term sources of project financing; experience with projects of similar size and scope; and other factors determined by the director to be relevant and appropriate and relate to the ability to perform the project. The prequalification term of the established list of qualified energy service providers shall be three years. The director shall again assemble a list of prequalified energy service providers every three years from the commencement of each prequalification term. A qualified energy services provider may be removed from the list upon a determination by the director that said provider fails to meet the criteria for continued inclusion; and (2) Request for proposals. Before entering into a guaranteed energy savings performance contract under this chapter, a governmental unit may and a state agency shall issue a request for proposals from at least three qualified energy services providers on the prequalifications list prepared and maintained by the director. A governmental unit may thereafter award the guaranteed energy savings performance contract to the qualified energy services provider that best meets the needs of the governmental unit, which need not be the lowest cost provided. A preliminary technical proposal shall be prepared by the qualified energy services provider in response to the request for proposals. Factors to be included in selecting the most qualified energy services provider for award of the guaranteed energy savings performance contract shall include, but not be limited to, the comprehensiveness of the proposal, comprehensiveness of cost-saving measures, experience, quality of

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technical approach, overall benefits to the governmental unit, and other factors determined by the governmental unit to be relevant to the implementation of the project. (d) The governmental unit shall select the qualified energy services provider that best meets the needs of the governmental unit in accordance with criteria established by the governmental unit. For governmental units that are not required to take actions on contracts at public meetings, the governmental unit shall provide public notice of the award of the guaranteed energy savings performance contract within 30 days. The notice shall include the names of the parties to the contract and the purpose of the contract. For governmental units that are required to take actions on contracts at public meetings, the public notice shall be made at least ten days prior to the meeting. After reviewing the proposals pursuant to subsection (e) of this Code section, a governmental unit may enter into an investment grade energy audit agreement with the selected qualified energy services provider for the provision of the energy audit report described in subsection (e) of this Code section. (e) Before executing the guaranteed energy savings performance contract, the qualified energy services provider shall provide the governmental unit with an energy audit report summarizing recommendations for energy conservation measures based on anticipated energy, operational water, or waste-water cost savings or revenue increases resulting from the energy conservation measures. The energy audit report shall include estimates of all costs of installation, maintenance, repairs, and debt service and estimates of the amounts by which energy or operating costs will be reduced. (f) Notwithstanding any other provision of law governing the letting of public contracts, a governmental unit may enter into guaranteed energy savings performance contracts with each qualified energy services provider selected in accordance with the provisions of this chapter. The governmental unit may elect to implement the energy conservation measures in one or more phases with the selected qualified energy services provider.
50-37-4. (a) A guaranteed energy savings performance contract may provide that all payments, except obligations on termination of the contract before its scheduled expiration, shall be made over a period of time. The contract shall require the energy performance contractor to provide to the governmental unit an annual reconciliation of the guaranteed energy cost savings. The energy performance contractor shall be liable for any annual savings shortfall which may occur. In the event that such reconciliation reveals an excess in annual energy cost savings, such excess savings shall not be used to cover potential energy cost savings shortages in subsequent contract years. The guaranteed energy savings performance contract shall be for a firm fixed price. The governmental unit may require the qualified energy services provider to provide a payment and performance bond relating to the installation of energy conservation measures in the amount equal to 100 percent of the guaranteed energy savings performance contract.

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(b) A guaranteed energy savings performance contract shall include a written guarantee that energy, water, waste-water, or operating cost savings or revenue increases will meet or exceed the cost of the energy conservation measures to be evaluated, recommended, designed, implemented, or installed under the contract within a 20 year period from the date of final acceptance of installation or implementation. Calculation of the energy, water, waste-water, or operating cost savings or revenue increases may take into account rebates, grants, incentives, or similar payments available under published programs which are reasonably anticipated to be received by the governmental unit as a direct result of the work performed by the qualified energy services provider even though such payments are not included in the qualified energy services provider's contractual guarantee. Escalations and other financial considerations assumed in savings calculations shall be defined in the contract if they are included in the savings calculations and are required to meet the payback criteria and life cycle analysis. Performance guarantees with stipulated savings that have been measured in accordance with the International Performance Measurement and Verification Protocol or other recognized and documented industry engineering standard are allowable and shall be explicitly stated in the contract. (c) A governmental unit may enter into a third-party installment payment or lease purchase agreement to finance the costs associated with the guaranteed energy savings performance contract and any related hazardous materials abatement. The installment payment or lease purchase agreement may provide for payments over a period of time not to exceed 20 years. (d) An improvement that is not causally connected to an energy conservation measure may be included in a guaranteed energy savings performance contract if:
(1) The total value of the improvement does not exceed 15 percent of the total value of the guaranteed energy savings performance contract; and (2) Either:
(A) The improvement is necessary to conform to a law, a rule, or an ordinance; or (B) An analysis within the guaranteed energy savings performance contract demonstrates that there is an economic advantage to the governmental unit implementing an improvement as part of the guaranteed energy savings performance contract, and the savings justification for the improvement is documented by industry engineering standards. (e) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures may be included as part of a guaranteed energy savings performance contract without being included in the savings guarantee. In such case, notwithstanding any other provision of law, the installation of these additional measures may be supervised by the contractor performing the guaranteed energy savings performance contract. (f) The guaranteed energy savings performance contract shall include an agreement for the provision of measurement and verification services to be paid for from the energy and operational cost savings generated by the project for the term of the contract. It may include maintenance services for the measures installed under the contract. The

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measurement and verification services shall be performed in accordance with industry standard methods for measuring and verifying savings and equipment performance. Savings which are stipulated shall be specifically noted as such in the guaranteed energy savings performance contract. (g) Reporting. Upon execution of a guaranteed energy savings performance contract, the governmental unit shall provide written notice to its utility providers describing the energy conservation measures to be installed. Additionally, the authority shall make publicly available an annual list of all guaranteed energy savings performance contracts that are signed in each calendar year.
50-37-5. (a) A governmental unit may use funds designated for operating, utilities, or capital expenditures for any guaranteed energy savings performance contract, including, without limitation, for purchases on an installment payment or lease purchase basis. (b) During the life of the contract, grants, subsidies, or other payments from the state to a governmental unit shall not be reduced as a result of energy savings obtained as a result of a guaranteed energy savings performance contract.
50-37-6. Every governmental unit shall periodically review all proposed capital improvement projects for potential applicability of this chapter and shall first consider proceeding with a guaranteed energy savings performance contract under this chapter where appropriate.
50-37-7. Requirements for state agencies:
(1) The director shall be authorized to promulgate any rules, regulations, stipulations, and policies necessary to carry out the terms and provisions of this Code section regarding contracting and procurement procedures for state agencies. Any rules, regulations, and policies as prescribed by the director shall be published, and state agencies shall be furnished with copies of the same. The director may fix, charge, and collect reasonable fees for any administrative support and technical assistance or other services provided by the director under this paragraph; (2) The authority shall provide technical assistance to state agencies contracting for energy conservation measures and engage in other activities considered appropriate by the department for promoting and facilitating guaranteed energy savings performance contracts by state agencies. The director shall develop model contractual and related documents for use by state agencies. Prior to entering into a guaranteed energy savings performance contract, any contract or lease for third-party financing, or any combination of such contracts, a state agency shall submit such proposed contract or lease to the director for review and approval; (3) With regard to the authority's procedures for awarding multiyear guaranteed energy savings performance contracts, the Georgia State Financing and Investment

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Commission may establish a total multiyear contract value based upon the Governor's revenue estimate for subsequent fiscal years and other information as the Georgia State Financing and Investment Commission may require. In setting the multiyear guaranteed energy savings performance contract authority, the Georgia State Financing and Investment Commission shall take into consideration the known and anticipated obligations of the state agencies proposing to enter into multiyear guaranteed energy savings performance contracts, including, but not limited to, any multiyear guaranteed energy savings performance contracts the state agencies have entered into previously. The Georgia State Financing and Investment Commission may set a total multiyear contract value authority for the authority each fiscal year and may, during the fiscal year, revise such contract value authority as necessary as determined by the Georgia State Financing and Investment Commission. Any multiyear guaranteed energy savings performance contract entered into by state agencies that is not in compliance with the multiyear contract value authority set by the Georgia State Financing and Investment Commission shall be void and of no effect; (4) At the beginning of each fiscal year, a governmental unit's appropriations shall be encumbered for the estimated payments for multiyear guaranteed energy savings performance contract work to be performed in the appropriation fiscal year. Payment for multiyear guaranteed energy savings performance contract work performed pursuant to contract in any fiscal year other than the current fiscal year shall be subject to appropriations by the General Assembly. Multiyear guaranteed energy savings performance contracts shall contain a schedule of estimated completion progress, and any acceleration of this progress shall be subject to the approval of the authority, provided funds are available. State agencies shall have the right to terminate without further obligation any multiyear guaranteed energy savings performance contract, provided that the cancellation is subject to the termination provisions of the multiyear guaranteed energy savings performance contract, if the state agency determines that adequate funds will not be available for all of the payment obligations of the state agency. The state agency's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the contract. In the event of termination of any contract, the contractor shall be given a written notice of termination at least 60 days before completion of scheduled work for which funds are available. In the event of termination, the contractor shall be paid for the work already performed in accordance with the contract specifications; (5) The provisions of paragraph (6) of this Code section shall be incorporated verbatim in all multiyear guaranteed energy savings performance contracts; (6) The provisions of this Code section shall not apply to energy efficiency contracts awarded by the authority prior to July 1, 2010. No multiyear guaranteed energy savings performance contracts shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the total multiyear contract value authority for the current and future fiscal years and

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adopted such fiscal policies regarding multiyear guaranteed energy savings performance contracts authorized under this Code section; and (7) The authority shall approve any guaranteed energy savings performance contract containing the provisions of subsection (d) of Code Section 50-37-4, regarding improvements not casually connected to an energy conservation measures, or subsection (e) of Code Section 50-37-4, regarding facility alterations required to properly implement other energy conservation measures.

50-37-8. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."

SECTION 3. Section 1 of this Act shall become effective on July 1, 2010. Section 2 of this Act shall become effective on January 1, 2011; provided, however, that Section 2 of this Act shall only become effective on January 1, 2011, upon the ratification of a resolution at the November, 2010, state-wide general election, which resolution amends the Constitution so as to authorize 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. If such resolution is not so ratified, Section 2 of this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative May of the 111th moved that the House adopt the report of the Committee of Conference on SB 194.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam 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 Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England
Epps, C Y Epps, J

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
Jerguson Y Johnson Y Jones, J

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

Y Scott, M Y Sellier
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

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

Y Everson Y Floyd E 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

Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas
Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham Y Manning

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 Stephens, R Y Stephenson Y Stout Y Talton
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

On the motion, the ayes were 148, nays 2.

The motion prevailed.

Representatives Abrams of the 84th, Cooper of the 41st, 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.

House of Representatives Atlanta, Georgia 30334

This version of SB 194 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 194.

/s/ Bobby Franklin Representative, District 43

The Speaker assumed the Chair.

HB 169. By Representatives Carter of the 159th, England of the 108th, Manning of the 32nd and Morgan of the 39th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 169

The Committee of Conference on HB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 169 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Earl L. Carter Senator, 1st District

/s/ David Knight Representative, 126th District

/s/ Ross Tolleson Senator, 20th District

/s/ Billy Maddox Representative, 127th District

/s/ Rene S. Unterman Senator, 45th District

A BILL

To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Georgia Geospatial Advisory Council; to provide for its members and purposes; to provide for reports; 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:

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SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding a new Code section to read as follows:
"12-5-9. (a) As used in this Code section, the term:
(1) 'Director' means the director of the division. (2) 'Division' means the Environmental Protection Division of the department. (b) It is the intent of the General Assembly to provide the general public with access to reliable geospatial data, including but not limited to flood map modernization. Currently, Georgia lacks many of the components which would provide for reliable data such as geospatial coordination and collaboration, policies, standards, state-wide geospatial datasets, current inventory, state-wide license agreements, business and strategic plans, trained work force, data life cycle support, and contract and program management support. (b)(1) In order to provide reliable geospatial data to the public, there shall be created the Georgia Geospatial Advisory Council. The division shall coordinate the creation of such council. The division shall coordinate with state executive branch departments and agencies to appoint members of the council, which may consist of representatives from state departments and agencies, local governments, universities, regional commissions, or any other entity the division determines to be a stakeholder active in the development or consumption of reliable geospatial resources. (2) The council shall meet initially upon the call of the director and shall elect a chairperson at the initial meeting. Subsequent meetings shall be called by the chairperson. The members of the council shall serve at the pleasure of the director. Councilmembers shall receive no compensation for their services as members of the council, but their travel expenses, if any, related to the performance of their official duties may be covered by the departments, agencies, or organizations they represent. (3) The council shall audit Georgia's geospatial capabilities at county, regional, and state levels. The audit shall contain a complete status update and recommendations for utilizing the geospatial capabilities in Georgia to meet Federal Emergency Management Agency notification requirements, recommendations for moving forward to achieve governmental data interoperability and enhanced delivery of services to Georgia citizens through the geospatial approach, and any other information determined by the council to be necessary for the advancement of geospatial technology. (4) The council shall closely coordinate its efforts with the Georgia Technology Authority to ensure compliance with all state and federal standards, contracts, and procedures. (5) The reports generated by the council shall be made available on an annual basis by the department to the members of the General Assembly, all departments and agencies of state government, and all county and municipal governments and shall be posted on the Internet website of the department.

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(c) The Board of Natural Resources shall promulgate such rules and regulations as may be reasonable and necessary for the administration of this Code section. (d) This Code section shall stand repealed on June 30, 2012."

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.

Representative Knight of the 126th moved that the House adopt the report of the Committee of Conference on HB 169.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison
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 Y Buckner
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 E 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
Drenner Y Dukes E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard Y Heckstall

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

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E 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 N 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 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 Stout Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
VACANT Y Walker N Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Ralston, Speaker

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On the motion, the ayes were 155, nays 4.

The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 308

The Committee of Conference on SB 308 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 308 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mitch Seabaugh Senator, 20th District

/s/ Horne Representative, 71st District

/s/ Chip Rogers Senator, 21st District

/s/ Golick Representative, 34th District

/s/ Preston W. Smith Senator, 52nd District

/s/ Ed Setzler Representative, 35th District

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A BILL
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to clarify and change provisions regarding the carrying and possession of weapons; to provide for definitions; to provide for the offense of carrying a weapon without a license; to prohibit carrying weapons in unauthorized locations; to change provisions relating to carrying weapons within school safety zones, at school functions, or on school property; to change provisions relating to carrying a pistol without a license; to change provisions relating to the license to carry a pistol or revolver and the licensing exceptions; to conform cross-references with definitions; to provide for a weapons carry license; to amend various titles of the Official Code of Georgia Annotated so as to conform and correct cross-references; to provide for effective dates and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I CARRYING A WEAPON IN GEORGIA
SECTION 1-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Part 3 of Article 4 of Chapter 11, relating to carrying and possession of firearms, by adding a new Code section to read as follows:
"16-11-125.1. As used in this part, the term:
(1) 'Handgun' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged by an action of an explosive where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term 'handgun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (2) 'Knife' means a cutting instrument designed for the purpose of offense and defense consisting of a blade that is greater than five inches in length which is fastened to a handle. (3) 'License holder' means a person who holds a valid weapons carry license. (4) 'Long gun' means a firearm with a barrel length of at least 18 inches and overall length of at least 26 inches designed or made and intended to be fired from the shoulder and designed or made to use the energy of the explosive in a fixed:
(A) Shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger or from which any shot, bullet, or other missile can be discharged; or (B) Metallic cartridge to fire only a single projectile through a rifle bore for each single pull of the trigger;

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provided, however, that the term 'long gun' shall not include a gun which discharges a single shot of .46 centimeters or less in diameter. (5) 'Weapon' means a knife or handgun. (6) 'Weapons carry license' or 'license' means a license issued pursuant to Code Section 16-11-129."
SECTION 1-2. Said title is further amended by revising Code Section 16-11-126, relating to carrying a concealed weapon, as follows:
"16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, knuckles, whether made from metal, thermoplastic, wood, or other similar material, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Any person having been issued a license to carry a concealed weapon pursuant to Code Section 16-11-129 shall be permitted to carry such weapon, subject to the limitations of this part, in all parks, historic sites, or recreational areas as defined by Code Section 12-3-10 and in all wildlife management areas. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 1611-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. (e) This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle. (f) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to

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this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. (a) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a weapon or long gun on his or her property or inside his or her home, motor vehicle, or place of business without a valid weapons carry license. (b) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry on his or her person a long gun without a valid weapons carry license, provided that if the long gun is loaded, it shall only be carried in an open and fully exposed manner. (c) Any person who is not prohibited by law from possessing a handgun or long gun may have or carry any handgun provided that it is enclosed in a case and unloaded. (d) Any person who is not prohibited by law from possessing a handgun or long gun who is eligible for a weapons carry license may transport a handgun or long gun in any private passenger motor vehicle; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. (e) Any person licensed to carry a handgun or weapon in any other state whose laws recognize and give effect to a license issued pursuant to this part shall be authorized to carry a weapon in this state, but only while the licensee is not a resident of this state; provided, however, that such licensee shall carry the weapon in compliance with the laws of this state. (f) Any person with a valid hunting or fishing license on his or her person, or any person not required by law to have a hunting or fishing license, who is engaged in legal hunting, fishing, or sport shooting when the person has the permission of the owner of the land on which the activities are being conducted may have or carry on his or her person a handgun or long gun without a valid weapons carry license while hunting, fishing, or engaging in sport shooting. (g) Notwithstanding Code Sections 12-3-10, 27-3-1.1, 27-3-6, and 16-12-122 through 16-12-127, any person with a valid weapons carry license may carry a weapon in all parks, historic sites, or recreational areas, as such term is defined in Code Section 12-310, including all publicly owned buildings located in such parks, historic sites, and recreational areas, in wildlife management areas, and on public transportation; provided, however, that a person shall not carry a handgun into a place where it is prohibited by federal law.
(h)(1) No person shall carry a weapon without a valid weapons carry license unless he or she meets one of the exceptions to having such license as provided in subsections (a) through (g) of this Code section. (2) A person commits the offense of carrying a weapon without a license when he or she violates the provisions of paragraph (1) of this subsection.

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(i) Upon conviction of the offense of carrying weapon without a valid weapons carry license, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than two years and not more than five years."
SECTION 1-3. Said title is further is amended by revising Code Section 16-11-127, relating to the offense of carrying a deadly weapon to or at public gatherings and affirmative defenses, as follows:
"16-11-127. (a) Except as provided in Code Section 16-11-127.1, a person shall be guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises and which derive less than 50 percent of their total annual gross food and beverage sales from the sale of prepared meals or food. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part.
(c)(1) This Code section shall not apply to competitors participating in organized sport shooting events. (2) Law enforcement officers, peace officers retired from state, local, or federal law enforcement agencies, judges, magistrates, constables, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings; provided, however, that a courthouse security plan adopted in accordance with paragraph (10) of subsection (a) of Code Section 15-16-10 may prohibit the carrying of a pistol. (d) It shall be an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by such law enforcement officer or other person employed to provide security for such public gathering. (e) A person licensed or permitted to carry a firearm by this part shall be permitted to carry such firearm, subject to the limitations of this part, in all parks, historic sites, and recreational areas, including all publicly owned buildings located in such parks, historic sites, and recreational areas and in wildlife management areas, notwithstanding Code Section 12-3-10, in wildlife management areas notwithstanding Code Section 27-3-1.1 and 27-3-6, and in public transportation notwithstanding Code Sections 16-12-122

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through 16-12-127; provided, however, that a person shall not carry a firearm into a place prohibited by federal law. (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. (a) As used in this Code section, the term:
(1) 'Bar' means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. (2) 'Courthouse' means a building occupied by judicial courts and containing rooms in which judicial proceedings are held. (3) 'Government building' means:
(A) The building in which a government entity is housed; (B) The building where a government entity meets in its official capacity; provided, however, that if such building is not a publicly owned building, such building shall be considered a government building for the purposes of this Code section only during the time such government entity is meeting at such building; or (C) The portion of any building that is not a publicly owned building that is occupied by a government entity. (4) 'Government entity' means an office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any county, municipal corporation, consolidated government, or local board of education within this state. (5) 'Parking facility' means real property owned or leased by a government entity, courthouse, jail, prison, place of worship, or bar that has been designated by such government entity, courthouse, jail, prison, place of worship, or bar for the parking of motor vehicles at a government building or at such courthouse, jail, prison, place of worship, or bar. (b) A person shall be guilty of carrying a weapon or long gun in an unauthorized location and punished as for a misdemeanor when he or she carries a weapon or long gun while: (1) In a government building; (2) In a courthouse; (3) In a jail or prison; (4) In a place of worship; (5) In a state mental health facility as defined in Code Section 37-1-1 which admits individuals on an involuntary basis for treatment of mental illness, developmental disability, or addictive disease; provided, however, that carrying a weapon or long gun in such location in a manner in compliance with paragraph (3) of subsection (d) of this Code section shall not constitute a violation of this subsection; (6) In a bar, unless the owner of the bar permits the carrying of weapons or long guns by license holders;

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(7) On the premises of a nuclear power facility, except as provided in Code Section 16-11-127.2, and the punishment provisions of Code Section 16-11-127.2 shall supersede the punishment provisions of this Code section; or (8) Within 150 feet of any polling place, except as provided in subsection (i) of Code Section 21-2-413. (c) Except as provided in Code Section 16-11-127.1, a license holder or person recognized under subsection (e) of Code Section 16-11-126 shall be authorized to carry a weapon as provided in Code Section 16-11-135 and in every location in this state not listed in subsection (b) of this Code section; provided, however, that private property owners or persons in legal control of property through a lease, rental agreement, licensing agreement, contract, or any other agreement to control access to such property shall have the right to forbid possession of a weapon or long gun on their property, except as provided in Code Section 16-11-135. A violation of subsection (b) of this Code section shall not create or give rise to a civil action for damages. (d) Subsection (b) of this Code section shall not apply: (1) To the use of weapons or long guns as exhibits in a legal proceeding, provided such weapons or long guns are secured and handled as directed by the personnel providing courtroom security or the judge hearing the case; (2) To a license holder who approaches security or management personnel upon arrival at a location described in subsection (b) of this Code section and notifies such security or management personnel of the presence of the weapon or long gun and explicitly follows the security or management personnel's direction for removing, securing, storing, or temporarily surrendering such weapon or long gun; and (3) To a weapon or long gun possessed by a license holder which is under the possessor's control in a motor vehicle or is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle and such vehicle is parked in a parking facility."
SECTION 1-4. Said title is further amended by revising subsections (a) and (b), paragraphs (7) and (8) of subsection (c), and subsections (f) and (g) of Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, as follows:
"(a) As used in this Code section, the term: (1) 'School safety zone' means in, or on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, or on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education. (2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, knuckles, whether made from metal, thermoplastic,

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wood, or other similar material, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher. (b)(1) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. (2) Any license holder who violates this subsection shall be guilty of a misdemeanor. Any person who is not a license holder who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (3) Any person convicted of a violation of this subsection involving a dangerous weapon or machine gun, as such terms are defined in Code Section 16-11-121, shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. (4) A child who violates this subsection shall be subject to the provisions of Code Section 15-11-63." "(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or a person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10 when he or she has any weapon legally kept within a vehicle when such vehicle is parked at such school property or is in transit through a designated school zone by any person other than a student; (8) A weapon possessed by a license holder which is under the possessor's control in a motor vehicle or which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation

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furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;" "(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet the area of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county. (g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 16-11-127.2, relating to firearm or weapon on premises of a nuclear power facility, as follows:
"(a) Except as provided in subsection (c) of this Code section, it shall be unlawful for any person to carry, possess, or have under such person's control while on the premises of a nuclear power facility a firearm or weapon or long gun. Any person who violates this subsection shall be guilty of a misdemeanor."
SECTION 1-6. Said title is further amended by revising Code Section 16-11-128, relating to carrying a pistol without a license, as follows:
"16-11-128. (a) A person commits the offense of carrying a pistol without a license when he has or carries on or about his person, outside of his home, motor vehicle, or place of business, any pistol or revolver without having on his person a valid license issued by the judge of the probate court of the county in which he resides, provided that no permit shall be

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required for persons with a valid hunting or fishing license on their person or for persons not required by law to have hunting licenses who are engaged in legal hunting, fishing, or sport shooting when the persons have the permission of the owner of the land on which the activities are being conducted; provided, further, that the pistol or revolver, whenever loaded, shall be carried only in an open and fully exposed manner. (b) Upon conviction of the offense of carrying a pistol without a license, a person shall be punished as follows:
(1) For the first offense, he shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he is guilty of a felony, and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such license holder shall carry the handgun in compliance with the laws of this state. Reserved."
SECTION 1-7. Said title is further amended by revising Code Section 16-11-129, relating to license to carry pistol or revolver, as follows:
"16-11-129. (a) Application for weapons carry license or renewal license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00 $30.00, issue a weapons carry license or renewal license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which. Such license or renewal license shall authorize that person to carry any pistol or revolver weapon in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a weapons carry license or renewal license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license or renewal license. An applicant who is not a United States citizen shall provide sufficient personal identifying data, including without limitation his or her place of birth and United States issued alien or admission number, as the Georgia Bureau of Investigation may prescribe by rule or regulation. An applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section, including citizenship, but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license

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forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. (b) Licensing exceptions. No license or renewal license shall be granted to:
(1) Any person who is prohibited from possessing firearms pursuant to 18 U.S.C. Section 922; (1.1) Any person under 21 years of age; (2) Any person who is a fugitive from justice or against whom proceedings are pending for any felony, forcible misdemeanor, or violation of Code Section 16-11126, 16-11-127, or 16-11-128 until such time as the proceedings are adjudicated; (3) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation or any person who has been convicted of a forcible misdemeanor and has not been free of all restraint or supervision in connection therewith for at least five years or any person who has been convicted of a violation of Code Section 1611-126, 16-11-127, or 16-11-128 and has not been free of all restraint or supervision in connection therewith for at least three years, immediately preceding the date of the application; (4) Any individual who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within five years of the date of his or her application. The probate judge may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether a license to carry a pistol or revolver should be issued. When such a waiver is required by the probate judge, the applicant shall pay to the probate judge a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the probate judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the probate judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the license or renewal license;
(5)(A) Any person, the provisions of paragraph (3) of this subsection notwithstanding, who has been convicted of an offense arising out of the unlawful manufacture, distribution, possession, or use of a controlled substance or other dangerous drug. (B) As used in this paragraph, the term:

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(i) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (ii) 'Convicted' means a plea of guilty, a finding of guilt by a court of competent jurisdiction, the acceptance of a plea of nolo contendere, or the affording of first offender treatment by a court of competent jurisdiction irrespective of the pendency or availability of an appeal or an application for collateral relief. (iii) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71; or (6) Any person not lawfully present in the United States. (b) Licensing exceptions. (1) As used in this subsection, the term: (A) 'Controlled substance' means any drug, substance, or immediate precursor included in the definition of controlled substances in paragraph (4) of Code Section 16-13-21. (B) 'Convicted' means a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief. (C) 'Dangerous drug' means any drug defined as such in Code Section 16-13-71. (2) No weapons carry license shall be issued to: (A) Any person under 21 years of age; (B) Any person who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and has not been pardoned for such felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of such state or nation; (C) Any person against whom proceedings are pending for any felony; (D) Any person who is a fugitive from justice; (E) Any person who is prohibited from possessing or shipping a firearm in interstate commerce pursuant to subsections (g) and (n) of 18 U.S.C. Section 922; (F) Any person who has been convicted of an offense arising out of the unlawful manufacture or distribution of a controlled substance or other dangerous drug; (G) Any person who has had his or her weapons carry license revoked pursuant to subsection (e) of this Code section; (H) Any person who has been convicted of any of the following: (i) Pointing a gun or a pistol at another in violation of Code Section 16-11-102; (ii) Carrying a weapon without a weapons carry license in violation of Code Section 16-11-126; or (iii) Carrying a weapon or long gun in an unauthorized location in violation of Code Section 16-11-127

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and has not been free of all restraint or supervision in connection therewith and free of any other conviction for at least five years immediately preceding the date of the application; (I) Any person who has been convicted of any misdemeanor involving the use or possession of a controlled substance and has not been free of all restraint or supervision in connection therewith or free of:
(i) A second conviction of any misdemeanor involving the use or possession of a controlled substance; or (ii) Any conviction under subparagraphs (E) through (G) of this paragraph for at least five years immediately preceding the date of the application; or (J) Any person who has been hospitalized as an inpatient in any mental hospital or alcohol or drug treatment center within the five years immediately preceding the application. The judge of the probate court may require any applicant to sign a waiver authorizing any mental hospital or treatment center to inform the judge whether or not the applicant has been an inpatient in any such facility in the last five years and authorizing the superintendent of such facility to make to the judge a recommendation regarding whether the applicant is a threat to the safety of others and whether a license to carry a weapon should be issued. When such a waiver is required by the judge, the applicant shall pay a fee of $3.00 for reimbursement of the cost of making such a report by the mental health hospital, alcohol or drug treatment center, or the Department of Behavioral Health and Developmental Disabilities, which the judge shall remit to the hospital, center, or department. The judge shall keep any such hospitalization or treatment information confidential. It shall be at the discretion of the judge, considering the circumstances surrounding the hospitalization and the recommendation of the superintendent of the hospital or treatment center where the individual was a patient, to issue the weapons carry license or renewal license. (3) If first offender treatment without adjudication of guilt for a conviction contained in subparagraph (F) or (I) of paragraph (2) of this subsection was entered and such sentence was successfully completed and such person has not had any other conviction since the completion of such sentence and for at least five years immediately preceding the date of the application, he or she shall be eligible for a weapons carry license provided that no other license exception applies. (c) Fingerprinting. Following completion of the application for a weapons carry license or the renewal of a license, the judge of the probate court shall require the applicant to proceed to an appropriate law enforcement agency in the county with the completed application. The appropriate local law enforcement agency in each county shall then capture the fingerprints of the applicant for a weapons carry license or renewal license to carry a pistol or revolver, place the fingerprint required by subsection (f) of this Code section on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court, and place the name of the applicant on the blank license form. The appropriate local law enforcement agency shall place the

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fingerprint on a blank license form which has been furnished to the law enforcement agency by the judge of the probate court if a fingerprint is required to be furnished by subsection (f) of this Code section. The law enforcement agency shall be entitled to a fee of $5.00 from the applicant for its services in connection with the application. (d) Investigation of applicant; issuance of weapons carry license; renewal. (1) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business five days following the receipt of the application or request direct the law enforcement agency to request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate report to the judge of the probate court. Fingerprints shall be in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation. The Georgia Bureau of Investigation may charge such fee as is necessary to cover the cost of the records search. (2) For both weapons carry license applications and requests for license renewals, the judge of the probate court shall within two business five days following the receipt of the application or request also direct the law enforcement agency to conduct a background check using the Federal Bureau of Investigation's National Instant Criminal Background Check System and return an appropriate report to the probate judge. (3) When a person who is not a United States citizen applies for a weapons carry license or renewal of a license under this Code section, the judge of the probate court shall direct the law enforcement agency to conduct a search of the records maintained by the United States Bureau of Immigration and Customs Enforcement and return an appropriate report to the probate judge. As a condition to the issuance of a license or the renewal of a license, an applicant who is in nonimmigrant status shall provide proof of his or her qualifications for an exception to the federal firearm prohibition pursuant to 18 U.S.C. Section 922(y). (4) The law enforcement agency shall report to the judge of the probate court within 30 days, by telephone and in writing, of any findings relating to the applicant which may bear on his or her eligibility for a weapons carry license or renewal license under the terms of this Code section. When no derogatory information is found on the applicant bearing on his or her eligibility to obtain a license or renewal license, a report shall not be required. The law enforcement agency shall return the application and the blank license form with the fingerprint thereon directly to the judge of the probate court within such time period. Not later than ten days after the judge of the probate court receives the report from the law enforcement agency concerning the suitability of the applicant for a firearms license, the judge of the probate court shall issue such applicant a license or renewal license to carry any pistol or revolver weapon unless facts establishing ineligibility have been reported or unless the judge determines such applicant has not met all the qualifications, is not of good moral character, or has failed to comply with any of the requirements contained in this Code

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section. The judge of the probate court shall date stamp the report from the law enforcement agency to show the date on which the report was received by the judge of the probate court. (e) Revocation, loss, or damage to license. If, at any time during the period for which the weapons carry license was issued, the judge of the probate court of the county in which the license was issued shall learn or have brought to his or her attention in any manner any reasonable ground to believe the licensee is not eligible to retain the license, the judge may, after notice and hearing, revoke the license of the person upon a finding that such person is not eligible for a weapons carry license pursuant to subsection (b) of this Code section or an adjudication of falsification of application, mental incompetency, or chronic alcohol or narcotic usage, conviction of any felony or forcible misdemeanor, or for violation of Code Section 16-11-126, 16-11-127, or 1611-128. It shall be unlawful for any person to possess a license which has been revoked, and any person found in possession of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver weapon under the authority granted by this Code section, and his or her failure to do so shall be primafacie evidence of a violation of Code Section 16-11-128 16-11-126. Loss of any license issued in accordance with this Code section or damage to the license in any manner which shall render it illegible shall be reported to the judge of the probate court of the county in which it was issued within 48 hours of the time the loss or damage becomes known to the license holder. The judge of the probate court shall thereupon issue a replacement for and shall take custody of and destroy a damaged license; and in any case in which a license has been lost, he or she shall issue a cancellation order and notify by telephone and in writing each of the law enforcement agencies whose records were checked before issuance of the original license. The judge shall charge the fee specified in subsection (k) of Code Section 15-9-60 for such services. (f)(1) Weapons carry license License specifications. Weapons carry licenses Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, and sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. Licenses issued on and before December 31, 2011, shall bear a clear print of the licensee's right index finger;

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however, if the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken.
(2)(A) On and after January 1, 2012, newly issued or renewal weapons carry licenses shall incorporate overt and covert security features which shall be blended with the personal data printed on the license to form a significant barrier to imitation, replication, and duplication. There shall be a minimum of three different ultraviolet colors used to enhance the security of the license incorporating variable data, color shifting characteristics, and front edge only perimeter visibility. The weapons carry license shall have a color photograph viewable under ambient light on both the front and back of the license. The license shall incorporate custom optical variable devices featuring the great seal of the State of Georgia as well as matching demetalized optical variable devices viewable under ambient light from the front and back of the license incorporating microtext and unique alphanumeric serialization specific to the license holder. The license shall be of similar material, size, and thickness of a credit card and have a holographic laminate to secure and protect the license for the duration of the license period. (B) Using the physical characteristics of the license set forth in subparagraph (A) of this paragraph, The Council of Probate Court Judges of Georgia shall create specifications for the probate courts so that all weapons carry licenses in this state shall be uniform and so that probate courts can petition the Department of Administrative Services to purchase the equipment and supplies necessary for producing such licenses. The department shall follow the competitive bidding procedure set forth in Code Section 50-5-102. (g) Alteration or counterfeiting of license; penalty. A person who deliberately alters or counterfeits such a license card commits a weapons carry license or who possesses an altered or counterfeit weapons carry license with the intent to misrepresent any information contained in such license shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years. (h) Licenses for former law enforcement officers. Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a weapons carry license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must shall comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include conservation rangers.

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(i) Temporary renewal licenses. (1) Any person who holds a weapons carry license under this Code section to carry a pistol or revolver may, at the time he or she applies for a renewal of the license, also apply for a temporary renewal license if less than 90 days remain before expiration of the license he or she then holds or if his the previous license has expired within the last 30 days. (2) Unless the judge of the probate court knows or is made aware of any fact which would make the applicant ineligible for a five-year renewal license, the judge shall at the time of application issue a temporary renewal license to the applicant. (3) Such a temporary renewal license shall be in the form of a paper receipt indicating the date on which the court received the renewal application and shall show the name, address, sex, age, and race of the applicant and that the temporary renewal license expires 90 days from the date of issue. (4) During its period of validity the temporary renewal permit, if carried on or about the holder's person together with the holder's previous license, shall be valid in the same manner and for the same purposes as a five-year license. (5) A $1.00 fee shall be charged by the probate court for issuance of a temporary renewal license. (6) A temporary renewal license may be revoked in the same manner as a five-year license.
(j) When an eligible applicant who is a United States citizen fails to receive a license, temporary permit, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary license, or renewal license, and such. If such applicant is the prevailing party, he or she shall be entitled to recover his or her costs in such action, including reasonable attorney's fees."
SECTION 1-8. Said title is further amended by revising Code Section 16-11-132, relating to possession of a pistol or revolver by a person under the age of 18 years, as follows:
"16-11-132. (a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.
(2) For the purposes of this Code section, a pistol or revolver handgun is considered loaded if:
(A) There there is a cartridge in the chamber or cylinder of the pistol or revolver; handgun.

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(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or (C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver. (b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver handgun. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine of $5,000.00 or by imprisonment for a period of three years, or both. (c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to: (1) Any person under the age of 18 years who is: (A) Attending a hunter education course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located; (C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance; (D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver handgun, whenever loaded, is carried only in an open and fully exposed manner; or (E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver handgun in such person's possession is not loaded; (2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver handgun; or (3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver handgun for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23. (d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute

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a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."
SECTION 1-9. Said title is further amended by revising subsection (b) of Code Section 16-11-135, relating to public or private employer's parking lots, as follows:
"(b) Except as provided in this Code section, no private or public employer, including the state and its political subdivisions, shall condition employment upon any agreement by a prospective employee that prohibits an employee from entering the parking lot and access thereto when the employee's privately owned motor vehicle contains a firearm that is locked out of sight within the trunk, glove box, or other enclosed compartment or area within such privately owned motor vehicle, provided that any applicable employees possess a Georgia firearms weapons carry license."
PART II CROSS-REFERENCES
SECTION 2-1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by revising subsection (e) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair, as follows:
"(e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, including but not limited to the power to obtain, serve, and execute search warrants. Such 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. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this article."
SECTION 2-2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (o) of Code Section 12-3-10, relating to what persons may be in parks, historic sites, or recreational areas, as follows:
"(o)(1) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his or her authorized representative.

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(2) It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, other than a handgun, as such term is defined in Code Section 16-11-125.1. (3) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any handgun without a valid weapons carry license issued pursuant to Code Section 16-11-129. (4) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his or her authorized representative."
SECTION 2-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (1) of subsection (i) and paragraphs (12) and (13) of subsection (k) of Code Section 15-9-60, relating to costs for hearings in contested matters in probate courts, as follows:
"(1) For conducting trials of contested matters or for formal hearing on the denial of an application for a firearms weapons carry license before the probate court, the cost shall be $25.00 per one-half day or portion thereof;" "(12) Application for firearms weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records) ..................................................................................15.00 30.00 (13) For issuance of a replacement firearms weapons carry license ...........5.00"
SECTION 2-4. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (c)(2)(C) of Code Section 16-10-51, relating to bail jumping, as follows:
"(C) Carrying a deadly weapon or long gun to public gathering in an unauthorized location, as provided in Code Section 16-11-127;"
SECTION 2-5. Said title is further amended by revising subsection (b) of Code Section 16-11-34.1, relating to unlawful activities within the state capitol or certain Capitol Square buildings, as follows:
"(b) It shall be unlawful for any person, other than those persons who are exempt from the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2, to enter, occupy, or remain within the state capitol building or any building housing committee offices, committee rooms, or offices of members, officials, or employees of the General Assembly or either house thereof while in the possession of any firearm,; knife designed for the purpose of offense and defense, as such term is defined in Code

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Section 16-11-125.1; explosive or incendiary device or compound,; bludgeon,; knuckles, whether made from metal, thermoplastic, wood, or other similar material,; or any other dangerous or deadly weapon, instrument, or device."
SECTION 2-6. Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 16-11-101.1, relating to furnishing a pistol or revolver to a person under the age of 18 years, as follows:
"(2) 'Pistol or revolver' means a pistol or revolver handgun as defined in subsection (a) of Code Section 16-11-132 16-11-125.1."
SECTION 2-7. Said title is further amended by revising Code Section 16-11-130, relating to exemptions from Code Sections 16-11-126 through 16-11-128, as follows:
"16-11-130. (a) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order:
(1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon or long gun is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys or investigators employed by the Prosecuting Attorneys' Council of the State of Georgia, and any retired district attorney, assistant district attorney, district attorneys attorney's investigator, or attorney or investigator retired from the Prosecuting Attorneys' Council of the State of Georgia, if such employee is retired in good standing and is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system; (6) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the

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Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon or long gun; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon or long gun; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance 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; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties; (12) State and federal trial and appellate judges, full-time and permanent part-time judges of municipal and city courts, and former state trial and appellate judges retired from their respective offices under state retirement; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and (15) Clerks of the superior courts. (b) Code Sections 16-11-126 through 16-11-128 16-11-127.2 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 officers, when specifically designated and authorized in writing by the director of the Division of Probation. (c) Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired sheriff or deputy sheriff is eligible to receive or is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47, the Sheriffs' Retirement Fund of Georgia provided under Chapter 16 of Title 47, or any other public retirement system established under the laws of this state for service as a law enforcement officer; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive

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that is registered or certified by the Georgia Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Georgia Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Georgia Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver handgun on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 16-11-127.2 shall not apply to the carrying of such firearms. (d) A prosecution based upon a violation of Code Section 16-11-126, or 16-11-127, or 16-11-128 need not negative any exemptions."
SECTION 2-8. Said title is further amended by revising subsection (b) of Code Section 16-12-123,
relating to bus or rail vehicle hijacking and boarding with concealed weapon, as follows: "(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any law enforcement officer, peace officer retired from a state or federal law enforcement agency, person in the military service of the state or of the United States,

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or commercial security personnel employed by the transportation company who is in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers if the presence of such weapons has been declared to the transportation company and such weapons have been secured in a manner prescribed by state or federal law or regulation for the purpose of transportation or shipment. The provisions of this subsection shall not apply to any privately owned aircraft, bus, or rail vehicle if the owner of such aircraft or vehicle has given his or her express permission to board the aircraft or vehicle with the item."
SECTION 2-9. Said title is further amended by revising subsection (a) of Code Section 16-12-127, relating to prohibition on firearms, hazardous substances, knives, or other devices, as follows:
"(a) It shall be unlawful for any person, with the intention of avoiding or interfering with a security measure or of introducing into a terminal any explosive, destructive device, or hoax device as defined in Code Section 16-7-80; firearm for which such person does not have on his or her person a valid weapons carry license issued pursuant to Code Section 16-11-129 unless possessing such firearm is prohibited by federal law; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense, to:
(1) Have any such item on or about his or her person, or (2) Place or cause to be placed or attempt to place or cause to be placed any such item:
(A) In a container or freight of a transportation company; (B) In the baggage or possessions of any person or any transportation company without the knowledge of the passenger or transportation company; or (C) Aboard such aircraft, bus, or rail vehicle."
SECTION 2-10. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, as follows:
"17-5-51. Any device which is used as a weapon in the commission of any crime against any person or any attempt to commit any crime against any person, any weapon the possession or carrying of which constitutes a crime or delinquent act, and any weapon for which a person has been convicted of the crime of carrying a concealed weapon, as provided for by violating Code Section 16-11-126, are declared to be contraband and are forfeited. For the purposes of this article, a motor vehicle shall not be deemed to be a weapon or device and shall not be contraband or forfeited under this article; provided, however, this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages."

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SECTION 2-11. Said title is further amended by revising subsection (b) of Code Section 17-7-23, relating to preclusion of certain courts from trying charges involving Code Section 16-11-126 or 16-11-128, as follows:
"(b) Any court, other than a superior court or a state court, to which any charge of a violation of Code Section 16-11-126 or Code Section 16-11-128 is referred for the determination required by this Code section shall thereafter have and exercise only the jurisdiction of a court of inquiry with respect to the charge and with respect to any other criminal violation arising from the transaction on which the charge was based and shall not thereafter be competent to try the accused for the charge or for any other criminal violation arising from the transaction on which the charge was based, irrespective of the jurisdiction that the court otherwise would have under any other law."
SECTION 2-12. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraphs (4) and (6) of subsection (a) of Code Section 20-2-1184, relating to reporting of students committing prohibited acts, as follows:
"(4) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location;" "(6) Code Section 16-11-132, relating to the illegal possession of a pistol or revolver handgun by a person under 18 years of age; or"
SECTION 2-13. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising paragraphs (1) and (2) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, as follows:
"(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129;"
SECTION 2-14. Said title is further amended by revising Code Section 27-3-6, relating to the possession of a firearm while hunting with bow and arrow, as follows:
"27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, while hunting

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with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer or to possess a loaded handgun while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during primitive weapons season for deer unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129."
SECTION 2-15. Said title is further amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, as follows:
"(1) To possess a firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible or to possess a handgun during a closed hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; (2) To possess a loaded firearm other than a handgun, as such term is defined in Code Section 16-11-125.1, in a motor vehicle during a legal open hunting season for that area or to possess a loaded handgun in a motor vehicle during a legal open hunting season for that area unless such person possesses a valid weapons carry license issued pursuant to Code Section 16-11-129; or"
SECTION 2-16. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising paragraph (4) of subsection (b) of Code Section 40-6-228, relating to enforcement of parking for persons with disabilities, as follows:
"(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the parking laws for persons with disabilities; provided, however, that a person who possesses a valid weapons carry license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or"
SECTION 2-17. Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising subsection (a) of Code Section 43-1-5, relating to investigators for professional licensing boards and office of division director, as follows:
"(a) Persons hired for the purpose of conducting investigations for the professional licensing boards shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the professional licensing boards. Such investigators shall be authorized, upon the written approval of the division

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director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun."
SECTION 2-18. Said title is further amended by revising subsection (e) of Code Section 43-34-6, relating to investigations by medical board, as follows:
"(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11-126, 16-11128, and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties."
SECTION 2-19. Said title is further amended by revising subsection (f) of Code Section 43-38-10, relating to permits to carry firearms for private detectives and private security, as follows:
"(f) An individual issued a permit in accordance with this Code section shall be exempt from the following laws of this state:
(1) Code Section 16-11-126, relating to carrying a concealed weapon; (2) Code Section 16-11-127, relating to carrying deadly weapons at public gatherings a weapon or long gun in an unauthorized location; and (3) Code Section 16-11-128, relating to carrying a pistol without a license; and (4) Code Section 16-11-129, relating to licenses to carry pistols and revolvers weapons generally."
SECTION 2-20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (2) of subsection (i) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, as follows:
"(2) The commissioner may designate as a peace officer who is authorized to exercise the power of arrest any employee of the department whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or any employee who is a line supervisor of any such employee. The commissioner also may designate as a peace officer who is authorized to exercise the power of arrest any employee of a person or organization which contracts with the department pertaining to the management, custody, care, and control of delinquent children retained by the person or organization, if that employee's full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs, or any employee who is a line supervisor of such employee. The commissioner may designate one or more

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employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate, to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval of the commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. The commissioner shall also be authorized to designate any person or organization with whom the department contracts for services pertaining to the management, custody, care, and control of delinquent and unruly children detained by the person or organization as a law enforcement unit under paragraph (7) of Code Section 35-8-2. Any employee or person designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter."
SECTION 2-21. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-18-72, relating to when public disclosure of public records is not required, as follows:
"(d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to weapons carry licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law."
PART III EFFECTIVE DATE, APPLICABILITY, AND REPEALER
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date. The enactment of this Act shall not affect any prosecutions for acts occurring

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before the effective date of this Act and shall not act as an abatement of any such prosecutions.

SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed.

Representative Horne of the 71st moved that the House adopt the report of the Committee of Conference on SB 308.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dodson N Dollar N Dooley N Drenner N Dukes E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd E 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 N Heckstall

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

Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris
Mosby Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake Y 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 Y Scott, A

Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C E Sinkfield Y 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 Y Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson
VACANT Y Walker Y Weldon N Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Ralston, Speaker

On the motion, the ayes were 118, nays 44.

The motion prevailed.

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The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

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:

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.

The following Senate amendment was read:

The Senate moves to amend the House amendment to SB 520 (AM 34 0447) by striking lines 7 through 10 and inserting in their place the following: to the special district sales and use tax for transportation; to provide for related matters; to provide for an effective date; to repeal

By deleting lines 157 through 175.

By substituting "5" for "6" on line 178.

Representative Roberts of the 154th moved that the House agree to the Senate amendment to the House amendment to SB 520.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison
Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks
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 E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd

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 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, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Sims, B
Sims, C E 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
Stephenson

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Y Bryant 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

E 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 Kaiser Y Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

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 N Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 motion the ayes were 156, nays 2.

The motion prevailed.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:

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 Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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:

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A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1195

The Committee of Conference on HB 1195 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1195 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Pearson Senator, 51st District

/s/ England Representative, 108th District

/s/ Rogers Senator, 21st District

/s/ Coan Representative, 101st District

/s/ Heath Senator, 31st District

/s/ Clay Cox Representative, 102nd District

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:

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SECTION 1. Title 34 of the Official Code of Georgia Annotated, related 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 1998, 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 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

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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.
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 1998, 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."

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative England of the 108th moved that the House adopt the report of the Committee of Conference on HB 1195.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Davis Y Dawkins-Haigler Y Day
Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon
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 N Holt Y Horne Y Houston Y Howard Y Hudson N 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 E Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows 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 N Reese
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 E 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
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 motion, the ayes were 150, nays 7.

THURSDAY, APRIL 29, 2010

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The motion prevailed.

HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 540

The Committee of Conference on HB 540 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 540 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ John D. Crosby Senator, 13th District

/s/ James Austin Scott Representative, 153rd District

/s/ Bill Hamrick Senator, 30th District

/s/ Mark Hamilton Representative, 23rd District

/s/ Dan Moody Senator, 56th District

/s/ Battles Representative, 15th District

A BILL

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove references to ballot cards; to provide for the conduct of elections in polling places by a board consisting of a chief manager and assistant managers; to provide certain qualifications for poll officers; to provide that poll officers may be compensated or volunteers; to provide for certain mandatory training of election and registration officials; to provide that a candidate who submits an improper nomination petition shall not be qualified; to provide for staggered terms for boards of registrars; to provide that registration applications may be mailed to the board of

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registrars; to change the time prior to a municipal primary or election when the electors list shall be submitted to the municipality; to provide for the contents of the electors list; to provide for the confidentiality of certain information; to provide for the procedure for voting a challenged ballot; to provide that a valid signature on a petition shall be sufficient to remove an elector from the inactive list regardless of the validity of the petition as a whole; to provide that no election shall be held in a precinct in which there are no opposed candidates unless there is a qualified write-in candidate; to provide that DRE units shall be demonstrated on request and do not have to be on display during the month preceding a primary or election; to delete the reasons for voting by absentee ballot; to repeal the requirement that counties having a population of between 88,000 and 90,000 according to the 1990 census or any future census shall designate any branch of the courthouse or courthouse annex as an additional registrar's office; to require jurisdictions using DRE units for voting on election day to use such units for in-person absentee voting; to provide that an absentee ballot may be issued for immediate voting to a person who applies in person at the registrar's or absentee ballot clerk's office when the ballots are ready; to revise the prohibitions concerning campaigning and exit and public opinion polling in close proximity to a polling place on an election day; to extend the period for verifying provisional ballots; to extend the deadline for special elections to be placed on a state-wide general primary or general election ballot; to provide an exception to the prohibition against prematurely counting votes for the counting of absentee votes; to provide for the coordination of dates for certain runoffs; to provide for related matters; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that lists of death certificates shall be submitted by the state registrar to the Secretary of State by the tenth day of each month; to amend Article 2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Law, so as to provide that the Governor shall have the power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (20) of Code Section 21-2-2, relating to definitions, as follows:
"(20) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card."
SECTION 2. Said chapter is further amended by revising Code Section 21-2-90, relating to appointment of chief manager and assistant managers, as follows:

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"21-2-90. All elections and primaries shall be conducted in each precinct polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct polling place shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-92, relating to qualifications of poll officers, as follows:
"21-2-92. (a) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of or otherwise employed by the county in which they are appointed or, in the case of municipal elections, residents of or otherwise employed by the municipality in which the election is to be held or of the county in which that municipality is located, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination for public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-inlaw, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality."

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SECTION 4. Said chapter is further amended by revising Code Section 21-2-98, relating to compensation of poll officers, by adding a new subsection to read as follows:
"(c) It shall not be necessary to compensate volunteers who are appointed to serve as poll officers and who agree to perform the duties of manager or clerk without compensation."
SECTION 5. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2101, relating to certification program for county and municipal election superintendents or election board designee, as follows:
"(a) All county and municipal election superintendents, chief registrars, and absentee ballot clerks or, in the case of a board of elections or a board of elections and registration, the designee of such board charged with the daily operations of such board shall become certified by completing a certification program approved by the Secretary of State by no later than December 31 of the year in which they are appointed. Such program may include instruction on, and may require the superintendent to demonstrate proficiency in, the operation of the state's direct recording electronic voting equipment, the operation of the voting equipment used in such superintendent's jurisdiction, and in state and federal law and procedures related to elections. The local government employing the superintendent or designee shall cover the costs, if any, incurred by such superintendent's or designee's participation in the certification program. Such certification programs shall be offered by the Secretary of State on multiple occasions before December 31 of the year in which such superintendents or designees are appointed and shall not exceed 64 hours of classroom, online, and practical instruction as authorized and approved by the Secretary of State. (b) Any county chief registrar or municipal election superintendent absentee ballot clerk appointed prior to January 1, 2008 2010, who has not met the certification requirement shall complete a certification program approved by the Secretary of State by no later than December 31, 2008 2011."
SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 21-2-171, relating to examination of nomination petitions, as follows:
"(a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No candidate shall be qualified if such nomination petition shall be permitted to be filed if:
(1) It contains Contains material errors or defects apparent on the face thereof; (2) It contains Contains material alterations made after signing without the consent of the signers; or

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(3) It does Does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet."
SECTION 7. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2212, relating to county registrars, as follows:
"(a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially in accordance with this Code section, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors a number of electors equal to twice the number of persons to be appointed and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments when appropriate, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section.
(b)(1) Appointees Except as otherwise provided in this subsection, appointees under this article shall serve for a term of four years and until their successors are appointed

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and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years thereafter. (2) The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, 2013 shall submit to the judge the list of names as provided in subsection (a) of this Code section. From this list, the judge shall appoint two registrars to serve two-year terms of office and until their respective successors are appointed and qualified and not more than three registrars to serve four-year terms of office and until their respective successors are appointed and qualified. Thereafter, the first new grand jury which convenes in each county in each odd-numbered year shall submit to the judge a list of names equal to twice the number of registrars whose terms are to expire that year. From this list, the judge shall appoint successors to the registrars whose terms are expiring that year who shall then serve terms of office of four years and until their respective successors are selected and qualified. (3) Such list of names shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar, as needed, prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a registrar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office."
SECTION 8. Said chapter is further amended by revising subsection (d) of Code Section 21-2-219, relating to registration cards, as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2381.1, as appropriate. Such card, subject to the limitations of subsection (c) of this Code section, shall constitute a request for an absentee ballot for the period beginning upon the receipt of such card and extending through the second regularly scheduled general election in which federal candidates are on the ballot for all elections for federal offices held during such period."
SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-223, relating to mail voter registration application forms, as follows:
"(a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State or to the board of registrars of the person's county of residence. The Secretary of State shall forward the applications that he or she

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receives to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts."
SECTION 10. Said chapter is further amended by revising subsections (e) and (g) of Code Section 21-2224, relating to official list of electors, as follows:
"(e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 not earlier than the fifth Monday prior to a primary or election and not later than 21 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election, stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election." "(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state and is required to comply with Code Section 21-2-216, a designation of whether the elector registered for the first time in this state by mail and is required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place."

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SECTION 11. Said chapter is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, as follows:
"(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417, the date month and day of birth, the social security numbers, and driver's license numbers of the electors, and the locations at which the electors applied to register to vote, which shall remain confidential and shall be used only for voter registration purposes; provided, however, that any and all information relating to the dates of birth, social security numbers, and driver's license numbers of electors may be made available to other agencies of this state, agencies of other states and territories of the United States, and to agencies of the federal government if the agency is authorized to maintain such information and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. Information regarding an elector's year of birth shall be available for public inspection."
SECTION 12. Said chapter is further amended by revising subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, as follows:
"(i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for mail-in absentee ballots. Such challenged ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and, after having the word 'Challenged' and the elector's name written across the back of the elector's ballot outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not

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counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."
SECTION 13. Said chapter is further amended by revising subsection (a) of Code Section 21-2-235, relating to inactive list of electors, as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid and regardless of the validity of the petition as a whole, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records."
SECTION 14. Said chapter is further amended by revising subsection (f) of Code Section 21-2-284, relating to the form of the official primary ballot, as follows:
"(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 15. Said chapter is further amended by revising Code Section 21-2-291, relating to procedure as to unopposed candidates, as follows:
"21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless more than one a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Except as provided in Code Section 21-2-158, each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493."

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SECTION 16. Said chapter is further amended by revising Code Section 21-2-379.8, relating to public exhibition of voting system and sample ballot, as follows:
"21-2-379.8. (a) The superintendent or his or her designee shall, upon request, make available for demonstration place on public exhibition and demonstrate the use of the direct recording electronic (DRE) units throughout the county or municipality during the month preceding each primary and election. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electors in the use thereof, and, at least during the initial year in which DRE equipment is used in a county or municipality, all superintendents shall offer a series of demonstrations and organized voter education initiatives to equip electors for using such equipment in voting. (b) At least 30 45 days before a general primary or election or during the ten days before a special primary or election and at least 21 days before a municipal general primary or election or during the ten days before a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as the superintendent shall deem most suitable for the information and instruction of the electors, a sample ballot to be used in such election. The sample ballot shall show the offices and questions to be voted upon, the names and arrangements of the political parties and bodies, and the names and arrangements of the candidates to be voted for. Such sample ballots shall be under the charge and care of a person who is, in the opinion of the superintendent, competent and qualified as an instructor concerning such ballots and voting procedures."
SECTION 17. Said chapter is further amended by revising Code Section 21-2-380, relating to definition of absentee elector, as follows:
"21-2-380. (a) As used in this article, the term 'absentee elector' means an elector of this state or a municipality thereof who casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff:
(1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election;

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(5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. (b) An elector who requests an votes by absentee ballot by mail or who casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall not be required to provide a reason in order to cast an absentee ballot in any primary, election, or run-off primary or election runoff."
SECTION 18. Said chapter is further amended by revising subsection (a) of Code Section 21-2-381, relating to making of application for an absentee ballot, as follows:
"(a)(1)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, 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. (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

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person filling in the rest of the application shall sign such person's name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector Reserved. (4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the

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same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election."
SECTION 19. Said chapter is further amended by revising subsection (b) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, as follows:
"(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385."
SECTION 20. Said chapter is further amended by revising subsection (b) of Code Section 21-2-383, relating to absentee ballots and casting absentee ballot in person using DRE unit, as follows:
"(b) Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems may are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved."
SECTION 21. Said chapter is further amended by revising subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, as follows:
"(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall may be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office or may be mailed to the elector, depending upon the elector's request. If the ballot is issued to the elector at the time of application,; and the elector shall then and there within the confines of the registrar's or absentee ballot clerk's office vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section.

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The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot."
SECTION 22. Said chapter is further amended by revising Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, as follows:
"21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, paraphernalia, or any other written or printed matter of any kind, nor shall any person solicit signatures for any petition or conduct any exit poll or public opinion poll with voters on any primary or election day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors. (d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.1) (b) Rooms under the control or supervision of the board of registrars or absentee ballot clerk in which absentee ballots are being cast shall be considered polling places. (e) (c) No person shall use a cellular telephone or other electronic communication device once such person has been issued a ballot or, in the case of precincts using voting machines or electronic recording voting systems, once the person has entered the

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voting machine or voting enclosure or booth. This subsection shall not prohibit the use of cellular telephones by poll officials. (f) (d) No person whose name appears as a candidate on the ballot being voted upon at a primary, election, special primary, or special election, except a judge of the probate court serving as the election superintendent, shall physically enter any polling place other than the polling place at which that person is authorized to cast his or her ballot for that primary, election, special primary, or special election and, after casting his or her ballot, the candidate shall not return to such polling place until after the poll has closed and voting has ceased or other than to transact business with the board of registrars, so long as the person does not violate any other provision of this Code section. Judges of the probate court serving as election superintendents shall enter polling places only as necessary to fulfill their duties as election superintendents and shall not engage in any practice prohibited by this Code section. (g) (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (h) (f) Any person who violates this Code section shall be guilty of a misdemeanor."
SECTION 23. Said chapter is further amended by revising subsection (c) of Code Section 21-2-419, relating to validation of provisional ballots, as follows:
"(c)(1) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county county's or municipality's certified election results. (2) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person voting the provisional ballot timely registered and was eligible and entitled to vote in the primary or election but voted in the wrong precinct, then the board of registrars shall notify the election superintendent. The superintendent shall count such person's votes which were cast for candidates in those races for which the person was entitled to vote but shall not count the votes cast for candidates in those races in which such person was not entitled to vote. The superintendent shall order the proper election official at the tabulating center or precinct to prepare an accurate duplicate ballot containing only those votes cast by such person in those races in which such person was entitled to vote for processing at the tabulating center or precinct, which shall be verified in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the original ballot. The original ballot shall be retained.

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(3) If the registrars determine that the person casting the provisional ballot did not timely register to vote or was not eligible or entitled to vote in such primary or election or shall be unable to determine within two three days following such primary or election whether such person timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall so notify the election superintendent and such ballot shall not be counted. The election superintendent shall mark or otherwise document that such ballot was not counted and shall deliver and store such ballots with all other ballots and election materials as provided in Code Section 21-2-500."
SECTION 24. Said chapter is further amended by revising subsection (a) of Code Section 21-2-501, relating to number of votes required for election, as follows:
"(a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special primary runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary, provided that, unless postponed by court order, a runoff in the case of an election or special election shall be held on the twenty-eighth day after the day of holding the preceding election or special election; provided, however, that, in the event that a special election is held at the time of a general primary, any special election runoff shall be held at the time of the general primary runoff. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a runoff primary or special primary runoff in violation of Code Section 21-2-224."

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SECTION 25. Said chapter is further amended by revising subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with a statewide general primary or state-wide general election shall be called at least 60 90 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or statewide general election using different ballots or voting equipment, facilities, poll workers, and paperwork."
SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 21-2-562, relating to fraudulent entries, as follows:
"(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 27. Said chapter is further amended by revising Code Section 21-2-568, relating to entry into voting compartment or booth while another is voting, as follows:
"21-2-568. (a) Any person who knowingly:

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(1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; or (4) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding shall be guilty of a felony. (b) Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter he or she is assisting shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 28. Said chapter is further amended by revising Code Section 21-2-574, relating to unlawful possession of ballots, as follows:
"21-2-574. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot or ballot card shall be guilty of a felony."
SECTION 29. Said chapter is further amended by revising subsection (a) of Code Section 21-2-575, relating to counterfeit ballots, ballot cards, or ballot labels, as follows:
"(a) Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony."
SECTION 30. Said chapter is further amended by revising Code Section 21-2-576, relating to destroying, defacing, or delaying delivery of ballots or ballot cards, as follows:
"21-2-576. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor."
SECTION 31. Said chapter is further amended by revising Code Section 21-2-578, relating to unfolding, opening, or prying into ballots and ballot cards, as follows:

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"21-2-578. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor."
SECTION 32. Said chapter is further amended by revising Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, as follows:
"21-2-579. Any voter at any primary or election who:
(1) Allows his or her ballot, ballot card, or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote; (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him or her by the proper poll officer, or advises or procures another to do so; (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or (4) States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or ballot card or operate the voting machine without assistance shall be guilty of a misdemeanor."
SECTION 33. Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll officers, as follows:
"21-2-587. Any poll officer who willfully:
(1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device;

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(7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 34. Said chapter is further amended by revising Code Section 21-2-588, relating to premature counting of votes by poll officer, as follows:
"21-2-588. Any Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor."
SECTION 35. Said chapter is further amended by revising Code Section 21-2-594, relating to offenses by printers of ballots, as follows:
"21-2-594. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who:
(1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony."
SECTION 36. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising subsection (g) of Code Section 31-10-15, relating to death certificates, as follows:
"(g) By the twentieth On or before the tenth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's office, a list of those persons for whom death certificates have been filed during the

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preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county."

SECTION 37. Article 2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to the Department of Law, is amended by adding a new Code section to read as follows:
"45-15-35.1. Notwithstanding any other provision of law to the contrary, at his discretion, the Governor shall have the power to seek preclearance of any change affecting voting pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42 U.S.C. Section 1973c, including the authority to institute litigation in the name of the state and to designate legal counsel for the state in such case."

SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

Representative Scott of the 153rd moved that the House adopt the report of the Committee of Conference on HB 540.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter Y Casas
Chambers

N Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dodson Y Dollar N Dooley N Drenner N Dukes E Ehrhart Y England
Epps, C N Epps, J Y Everson N Floyd E Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton
Golick N Gordon

Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs 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 E Lane, R N Levitas

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
Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Purcell

Y Scott, M Y Sellier
Setzler N Shaw Y Sheldon Y Sims, B Y Sims, C E 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 N Stout N Talton N Taylor N Teilhet N Thomas N Thompson
VACANT Y Walker
Weldon

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Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard N Heckstall

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

Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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 91, nays 72.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 540 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 540.

/s/ Bobby Franklin Representative, District 43

Representative Porter of the 143rd moved that the House reconsider its action in adopting the report of the Committee of Conference on HB 540.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison
Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Bell Y Benfield Y Benton Y Black Y Brooks

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

N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs E James N Jerguson Y Johnson N Jones, J Y Jones, S

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

N Scott, M N Sellier
Setzler Y Shaw N Sheldon N Sims, B N Sims, C E 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

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

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

Y Jordan Y Kaiser N Keen N Keown N Kidd N Knight N Knox N Lane, B E Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham
Manning

Y Oliver N O'Neal Y 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 N Rice N Roberts N Rogers N Rynders N Scott, A

Y Stephenson N Stout
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 N Williams, R Y Wix N Yates
Ralston, Speaker

On the motion, the ayes were 71, nays 89.

The motion was lost.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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.

The following Senate amendment was read:

The Senate moves to amend the substitute to SB 305 by deleting "To" on line 1 and inserting in its place the following:

To amend Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation, so as to establish an Intermodal Division in the department; to

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By adding between lines 7 and 8 the following:

SECTION .1. Code Section 32-2-41 of the Official Code of Georgia Annotated, relating to the powers of the commissioner of transportation, is amended by revising paragraph (5) of subsection (b) as follows: "(5) There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, an Intermodal Division to be supervised by an appointee serving at the pleasure of the commissioner, and a Local Grants Division to be supervised by an appointee serving at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner."

Representative Sheldon of the 105th moved that the House agree to the Senate amendment to the House substitute to SB 305.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole

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

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 E James Y Jerguson Y Johnson Y Jones, J
Jones, S Y Jordan
Kaiser Keen Y Keown Y Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas

Y 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
Mosby Y Murphy Y Neal Y Nix N 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 Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Sims, B Y Sims, C E 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 Y Teilhet N Thomas Y Thompson
VACANT Walker Weldon Y Wilkinson Willard Y Williams, A N Williams, E

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Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard Y Heckstall

Lunsford Y Maddox, B Y Maddox, G
Mangham Manning

Y Rice Y Roberts Y Rogers Y Rynders Y Scott, A

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

On the motion the ayes were 130, nays 25.

The motion prevailed.

HB 305. By Representative Knox of the 24th:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove a participation requirement before the extension of group life policy coverage to dependents of employees or members; to provide cash surrender values of annuities are exempt from claims of creditors; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Knox of the 24th moved that the House recede from its position in disagreeing to the Senate substitute to HB 305.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams N Allison
Amerson Anderson Ashe N Austin N Baker Y Barnard Battles N Bearden N Beasley-Teague N Bell N Benfield N Benton Black N Brooks N Bruce N Bryant N Buckner Burkhalter N Burns N Butler N Byrd N Carter N Casas

Crawford Y Davis N Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs
Dodson N Dollar N Dooley N Drenner Y Dukes E Ehrhart N England Y Epps, C N Epps, J N Everson N Floyd E Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton
Golick

Y Hembree N Henson N Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs E James N Jerguson Y Johnson
Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown N Kidd Y Knight Y Knox Y Lane, B E Lane, R

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

N Scott, M N Sellier
Setzler N Shaw
Sheldon Y Sims, B N Sims, C E Sinkfield N Smith, B N Smith, E N Smith, K N Smith, L Y Smith, R N Smith, T N Smyre N Stephens, M
Stephens, R N Stephenson N Stout Y Talton N Taylor N Teilhet Y Thomas N Thompson
VACANT Walker

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Chambers Channell Cheokas Y Coan Y Cole N Coleman N Collins, D E Collins, T Y Cooper N Cox

N Gordon N Greene Y Hamilton N Hanner Y Harbin N Harden, B N Harden, M N Hatfield Y Heard N Heckstall

N Levitas Y Lindsey N Long Y Loudermilk N Lucas
Lunsford N Maddox, B N Maddox, G N Mangham Y Manning

N Purcell N Ramsey N Randall Y Reece N Reese
Rice Roberts Y Rogers N Rynders N Scott, A

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 41, nays 105.

The motion was lost.

The House has insisted.

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.

Representatives Reece of the 11th and Williams of the 178th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1069

The Committee of Conference on HB 1069 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1069 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Jerry Keen Representative, 179th District

/s/ Ronnie Chance Senator, 16th District

/s/ Larry O'Neal Representative, 146th District

/s/ Don Balfour Senator, 9th District

/s/ Wilkinson Representative, 52nd District

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for income tax credits for certain qualified equipment that reduces business or domestic energy or water usage; 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 change certain provisions regarding allocation and prioritization of certain income tax credits for certain clean energy property; to revise and change certain provisions regarding income tax credits for lowincome residents, to repeal certain provisions regarding legislative findings and purposes; to change certain provisions regarding the claiming and allowing of such tax credits; to change certain procedures regarding reimposition of the municipal water and sewer projects and costs sales and use tax; to provide effective dates and a contingency; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-7-40.29. (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. (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

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energy usage. Such certifications may include, by way of example and not limitation, any dishwasher, clothes washer, furnace, air conditioner, central heating and air conditioning system, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, energy efficient water heater, skylighting system, whole house fan, energy use meter, light-emitting diode lighting system, geothermal heating system, door, window, or window film 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 shall include, by way of example and not limitation, water conservation systems capable of storing rain water or gray water for future use and reusing the collected water for the same residential or commercial property and other products used for the conservation or efficient use of water which have been designated by the United States Environmental Protection Agency as meeting or exceeding such agency's water saving efficiency requirements or which have 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.

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(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. Said title is further amended by adding a new Code section to read as follows:
"48-7-40.30. (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;

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(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; (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;

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(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. (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.

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(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 35 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 35 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 $50,000.00; (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 (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

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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 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;

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(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 $10 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 $10 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 $10 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 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."

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SECTION 3. Said title is further amended in Code Section 48-7-29.14, relating to the income tax credit for certain clean energy property, by revising subparagraph (b)(4)(B) as follows:
"(B) The commissioner shall allow the tax credits on a first come, first served basis. In no event shall the aggregate amount of tax credits approved by the commissioner for all taxpayers under this Code section in a calendar year exceed the limitations specified in paragraph (3) of this subsection. In the event a taxpayer filed a timely application for such credit but is not allowed all or part of the credit amount to which such taxpayer would be authorized to receive because the limitations specified in paragraph (3) of this subsection have reached, such taxpayer may reapply in the following taxable year for a tax credit for those same eligible costs, and in such event, that taxpayer shall have priority over other taxpayers for credit allocation in the year of such reapplication;"
SECTION 4. Said title is further amended by repealing and reserving Code Section 48-7A-1, relating to legislative findings and purposes regarding income tax credits for low-income residents.
SECTION 5. Said title is further amended in Code Section 48-7A-3, relating to claiming and allowing low-income tax credits, by revising subsections (a) and (c) as follows:
"(a) Except as otherwise provided in subsection (e) of this Code section, each resident taxpayer who files an individual income tax return for a taxable year and who is not claimed or is not otherwise eligible to be claimed as a dependent by another taxpayer for federal or Georgia individual income tax purposes may claim a tax credit against the resident taxpayer's individual income tax liability for the taxable year for which the individual income tax return is being filed; provided that:
(1) A husband and wife filing a joint return shall each be deemed a dependent for purposes of such joint return; and (2) A husband and wife filing separate returns for a taxable year for which a joint return could have been filed by them shall claim only the tax credit to which they would have been entitled had a joint return been filed.; and (3) A resident individual who has no income or no income taxable under Chapter 7 of this title and who is not claimed or is not otherwise eligible to be claimed as a dependent by a taxpayer for federal or Georgia individual income tax purposes may also claim a tax credit as set forth in this Code section." "(c) The tax credit claimed by a resident taxpayer pursuant to this Code section shall be deductible from the resident taxpayer's individual income tax liability, if any, for the tax year in which it is properly claimed. In the event the tax credit claimed by a resident taxpayer exceeds the amount of income tax payment due from the resident taxpayer, the excess of the credit over payments due shall be refunded to the resident taxpayer, provided that a tax credit properly claimed by a resident individual who has no income

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tax liability shall be paid to the resident individual; provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00.; provided, however, that in no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused credit amount shall not be allowed to be carried forward to the taxpayer's succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability."
SECTION 6. Said title is further amended in Code Section 48-8-203, relating to discontinuance of the water and sewer projects and costs tax and limitations on its reimposition, by revising paragraphs (2) and (3) of subsection (c) as follows:
"(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 three 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 three 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 7. (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 3, 4, and 5 of this Act shall be applicable to all taxable years beginning on or after January 1, 2010. (b) Section 2 of this Act shall become effective on January 1, 2011. (c) Section 1 of 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 Section 1 of 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

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have been received, have been deposited in the general fund, and are available for purposes of Section 1 of this Act.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Wilkinson of the 52nd moved that the House adopt the report of the Committee of Conference on HB 1069.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson
Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Bell N Benfield Y Benton
Black N Brooks N Bruce N Bryant N Buckner
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 E 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 N Drenner N Dukes E Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd E Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard
Heckstall

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 E Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y 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
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 Y Scott, A

Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Sims, B
Sims, C E Sinkfield Y Smith, B N Smith, E Y Smith, K Y Smith, L Y Smith, R
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 97, nays 62.

The motion prevailed.

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Representative Porter of the 143rd moved that the House reconsider its action in adopting the report of the Committee of Conference on HB 1069.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison
Amerson 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
Bruce Bryant Y Buckner Burkhalter N Burns N Butler N Byrd Carter N Casas N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins, D E Collins, T N Cooper N Cox

Y Crawford N Davis Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs
Dodson N Dollar Y Dooley Y Drenner Y Dukes E Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon Y Greene N Hamilton Y Hanner N Harbin N 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 N Houston Y Howard
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 Y Kidd N Knight N Knox N Lane, B E Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham 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 Y 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 N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers N Rynders N Scott, A

N Scott, M Sellier
N Setzler Y Shaw N Sheldon N Sims, B N Sims, C E 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 Y Walker
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 63, nays 99.

The motion was lost.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:
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.
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
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.
The Senate has agreed to the House substitute to the following bill 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:
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'

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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.
Mr. Speaker:
The Senate has adopted the report #2 of the Committee of Conference on the following bill of the House:
HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.

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Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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 following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
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.
The following Senate amendment was read:
The Senate moves to amend SB 374 (LC 38 1015), as amended by AM 38 0133 and AM 38 0134, by striking lines 80 through 83 and inserting in lieu thereof the following:

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(10) The chairperson of the House Committee on Higher Education; and (11) A member of the House of Representatives appointed by the minority leader of the House of Representatives.

Representative Stephens of the 164th moved that the House agree to the Senate amendment to the House amendments to SB 374.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison
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
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler N Byrd
Carter N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper N Cox

Y Crawford N Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd E 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
Harden, B N Harden, M N Hatfield Y Heard Y Heckstall

Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne N 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 N Kidd Y Knight Y Knox Y Lane, B E Lane, R Y Levitas
Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham Y Manning

Y Marin N Martin Y Maxwell
May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver 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 N Roberts Y Rogers N Rynders Y Scott, A

N Scott, M Y Sellier Y 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 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
Yates Ralston, Speaker

On the motion the ayes were 137, nays 24.

The motion prevailed.

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House of Representatives Atlanta, Georgia 30334

This version of SB 374 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 374.

/s/ Bobby Franklin Representative, District 43

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 238. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 238

The Committee of Conference on SB 238 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 238 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Seth Harp Senator, 29th District

/s/ Jimmy Pruett Representative, 144th District

/s/ Cecil Staton Senator, 18th District

/s/ Bill Hembree Representative, 67th District

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/s/ Bill Cowsert Senator, 46th District

/s/ Jim Cole Representative, 125th District

A BILL

To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to allow the Governor or any former Governor of this state to perform marriage ceremonies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended by revising subsection (c) of Code Section 19-3-30, relating to issuance, return, and recording of license, as follows:
"(c) The license shall be directed to the Governor or any former Governor of this state, any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the Governor or any former Governor of this state, judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose."

SECTION 2. Said article is further amended by revising Code Section 19-3-39, relating to certification and recordation of marriage after publication of banns, as follows:
"19-3-39. If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other authorized person joins in marriage persons whose banns have been published, the person shall certify the fact to the judge of the probate court of the county where the banns were published, who shall record the same in the same book in which marriage licenses are recorded."

SECTION 3. Said article is further amended by revising Code Section 19-3-42, relating to the effect on marriage of want of authority in person officiating, as follows:
"19-3-42. A marriage which is valid in other respects and supposed by the parties to be valid shall not be affected by want of authority in the minister, Governor or any former Governor

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of this state, judge, city recorder, magistrate, or other person to solemnize the same; nor shall such objection be heard from one party who has fraudulently induced the other to believe that the marriage was legal."

SECTION 4. Said title is further amended by revising Code Section 19-3-46, relating to forfeiture for officiating at marriage without license or banns, as follows:
"19-3-46. The Governor or any former Governor of this state, any Any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony who joins in marriage any couple without a license or the publication of banns shall forfeit the sum of $500.00, to be recovered and appropriated as set forth in Code Section 19-345."

SECTION 5. Said title is further amended by revising Code Section 19-3-48, relating to the penalty for officiating at an illegal marriage ceremony, as follows:
"19-3-48. If the Governor or any former Governor of this state, any judge, city recorder, magistrate, minister, or other person authorized to perform the marriage ceremony joins together in matrimony any man and woman without a license or the publication of banns or if the person performing the marriage ceremony knows of any disability of either of the parties which would render a contract of marriage improper and illegal, that person shall be guilty of a misdemeanor."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Pruett of the 144th moved that the House adopt the report of the Committee of Conference on SB 238.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Davis N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar N Dooley N Drenner Y Dukes E Ehrhart

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

N Marin Y Martin Y Maxwell Y May N Mayo Y McCall Y McKillip
Meadows N Millar Y Mills N Mitchell
Morgan Y Morris

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

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Y Benfield Y Benton Y Black Y Brooks N Bruce Y Bryant N Buckner
Burkhalter Y Burns
Butler N Byrd
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

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

Y Jerguson Y Johnson
Jones, J Jones, S Y Jordan Y Kaiser Y Keen N Keown Kidd Y Knight Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Lucas Lunsford N Maddox, B Y Maddox, G Mangham Y Manning

N Mosby N Murphy N Neal N Nix N Oliver Y O'Neal Y Parrish Y Parsons Y Peake
Porter N Powell, A Y Powell, J Y Pruett Y Purcell Y Ramsey N Randall Y Reece N Reese Y Rice Y Roberts Y Rogers Y Rynders N Scott, A

Y Smith, T Smyre Stephens, M
Y Stephens, R N Stephenson N Stout Y Talton N Taylor Y Teilhet N Thomas N Thompson
VACANT N Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Ralston, Speaker

On the motion, the ayes were 100, nays 43.

The motion prevailed.

Representatives Abrams of the 84th and Jones of the 44th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

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

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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.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1198

The Committee of Conference on HB 1198 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1198 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Tommie Williams Senator, 19th District

/s/ Judy Manning Representative, 32nd District

/s/ Chip Rogers Senator, 21st District

/s/ O'Neal Representative, 146th District

/s/ Ronnie Chance Senator, 16th District

/s/ Knight Representative, 126th District

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of taxable nonresident for income tax purposes; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-1, relating to definitions regarding income taxes, 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 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 and not 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."
SECTION 2. This Act shall become effective on January 1, 2011, and shall be applicable to all taxable years beginning on or after January 1, 2011.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Manning of the 32nd moved that the House adopt the report of the Committee of Conference on HB 1198.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Davis Dawkins-Haigler
Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin
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 N Hatfield Y Heard Y Heckstall

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

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

N Scott, M Y Sellier
Setzler Y Shaw
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
Smyre Y Stephens, M Y Stephens, R
Stephenson N Stout Y Talton Y Taylor Y Teilhet
Thomas Y Thompson
VACANT Walker Weldon Y Wilkinson Y Willard Y Williams, A Williams, E Williams, M Williams, R Y Wix Y Yates Ralston, Speaker

On the motion, the ayes were 123, nays 12.

The motion prevailed.

HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:

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

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 335

The Committee of Conference on HB 335 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 335 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Wiles Senator, 37th District

/s/ David Knight Representative, 126th District

/s/ Rogers Senator, 21st District

/s/ Chance Senator, 16th District

/s/ O'Neal Representative, 146th District

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a sales and use tax for local community support of economic development and quality of life; to establish special districts; to provide for legislative findings and intent; 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 change certain

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provisions regarding applicability of sales and use tax exemptions; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8 by adding a new article to read as follows:
"ARTICLE 5
48-8-240. The General Assembly finds that:
(1) There exist different and critically important needs and opportunities for economic and community development in local communities throughout Georgia using local community cultural assets, programs, and projects; (2) Strong and sustainable local cultural institutions are significant community assets serving important public functions by encouraging local economic development, providing resources for improvement of student performance and achievement, and encouraging the growth of a creative local economy and quality of life, all of which contribute to the overall economic development of the State of Georgia; (3) Support of existing local cultural and community specific assets and qualified local projects are best identified and regulated by local communities who may best determine through a local referendum the amount, term, and scope of such support as might be provided by each local community; (4) Cultural organizations exist in a variety of forms and sizes throughout the State of Georgia, and flexibility is required in funding support to meet the significant differences in the needs of such cultural organizations based on their size; and (5) Local governments in Georgia should have the opportunity to present to their citizens for referendum approval a resolution creating special local community support districts for economic development and quality of life and imposing an incremental sales tax of less than 1 percent in support of projects tailored to local needs and priorities in order to sustain existing qualified local cultural institutions and other qualified local projects within such district.
48-8-241. As used in this article, the term:
(1) 'Allocation plan' means the formula for the division of funds raised by the tax under this article. (2) 'Artist and support organization' means an organization which is a qualified local cultural organization that has average annual gross revenues of less than $75,000.00 for its past three fiscal years.

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(3) '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. (4) 'Dealer' means a dealer as defined in Code Section 48-8-2. (5) 'District' means a special district for community support of local economic development and quality of life created pursuant to Code Section 48-8-242. (6) 'Gross revenues' means the not for profit operating revenues from all sources earned by or funds paid or contributed to a qualified local cultural organization for performances, exhibitions, or activities within a district, except for capital construction fund income, designated funds raised for specific capital needs, or endowment corpus as shown by financial statements prepared in accordance with uniform accounting principles. (7) 'Intergovernmental agreement' means a contract relating solely to the selection of qualified local initiatives to be funded under the tax authorized under this article and entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. (8) 'Qualified local cultural organization' means a private not for profit arts and cultural organization having as its primary purpose the advancement of art, music, theater, dance, history, natural history, animal sciences, or botanical research or the advancement and preservation of plant sciences through horticultural display that is serving the public and advancing local economic and cultural development and strengthening local education and that:
(A) Has been continuously producing or presenting seasons of cultural programs within the district for a period of not less than five years, and if operating in more than one district shall be deemed for the purposes of this article to operate in each such district pro rata on the basis of the service activity and budgets for operations in each district; (B) Is qualified under Section 501(c)(3) of the Internal Revenue Code; (C) Is open to the general public with or without fee, excluding projects, events, or organizations that are extensions of academic programs for which more than 50 percent of the participants receive academic credits; (D) Provides publicly available periodic financial information and, if the organization has annual gross revenues greater than $250,000.00, provides an audit; and (E) Is neither an agency of the state nor a political subdivision of the state, nor an organization with average annual gross revenues for its past three fiscal years greater than $300,000.00 which receives more than 30 percent of its annual gross revenues or total capital funding from governmental funding excluding funds provided for re-granting to other qualified local cultural organizations.

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Qualified local cultural organizations may include, without limitation, museums, visual and performing arts centers and visual and performing arts organizations, zoos, aquariums, botanical gardens, and natural history organizations. (9) 'Qualified local initiative' means a public authority, governmental entity, or private not for profit organization qualified under Section 501(c)(3) of the Internal Revenue Code, each of which has operated within the district for a period of not less than three years providing a public service or function by advancing local community development and improvement through the creation or operation of sports or recreational facilities or activities; after school or out of school programs to improve student performance, achievement, and graduation; improvements in public safety; crime prevention; the acquisition, development, and maintenance of public parks, trails, and bikeways; the maintenance and improvement of public roads or transportation; or the creation of jobs within the district. (10) 'Qualified municipality' means only those incorporated municipalities which provide at least three of the following services, either directly or by contract:
(A) Law enforcement; (B) Fire protection, which may be furnished by a volunteer fire force, and fire safety; (C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; (K) Recreational facilities; or (L) Libraries. (11) 'Supervising organization' means the administrative entity established pursuant to Code Section 48-8-249 to manage, supervise, and distribute funds of a district.
48-8-242. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution, a special district for local community support of economic development and quality of life is created in each county. The geographical boundary of a special district shall be conterminous with the boundary of the county. (b) When the imposition of a special district sales and use tax for the purpose of funding either or both operating support and capital improvements of qualified local cultural organizations and either or both operating support and capital improvements of other specifically identified qualified local initiatives is authorized in accordance with the criteria and procedures provided in this article within a special district, the governing authority of the county on behalf of the special district may, subject to the

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requirement of referendum approval and the other requirements of this article, impose within the special district for a limited period of time a special sales and use tax under this article. (c) Any tax imposed under this article shall be at the rate of up to 1 percent in increments of one-tenth of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3.
48-8-243. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article, such governing authority shall enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any county that desires to have a tax under this article levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss the possible capital projects and the public services, function, and uses of such proposed tax moneys to be obtained in the event of approval of the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 120 days prior to the issuance of the call for the referendum. The intergovernmental agreement shall be adopted at least 30 days prior to the issuance of the call for the referendum. (b) After the adoption of the intergovernmental agreement required by subsection (a) of this Code section, the governing authority of the county shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution calling for the imposition of the tax. Such resolution shall specify the criteria consistent with the provisions of this article by which qualified local cultural organizations shall be determined to be funded under the tax and shall include a copy of the intergovernmental agreement that shall specify any qualified local initiatives for which the proceeds of the tax are to be used and may be expended and:
(1)(A) Specify a 15 year duration of the tax in counties in which are located qualified local cultural organizations that have combined annual gross revenues in excess of $100 million; or (B) Specify a specified maximum duration of the tax, to be stated in calendar years or calendar quarters and not to exceed 15 years, in counties in which are located qualified local cultural organizations that have combined annual gross revenues equal to or less than $100 million;

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(2) Identify any capital projects and the public services, function, and uses of such proposed tax moneys for any qualified local initiative selected by the governing authorities that would be supported by such tax and the expected public benefits to be received; and (3) Specify the proposed allocation plan for distribution of net proceeds of the tax which shall specifically identify the portion of the net proceeds of the tax allocated to qualified cultural organizations and the portion allocated to qualified local initiatives. (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. (c) If a sales tax for local community support of economic development and quality of life is to be imposed, the ballot shall have written or printed thereon the following:
'( ) YES Shall a sales and use tax for community support of local economic development and quality of life purposes in this special district of
( ) NO ____________ County be imposed at the rate of __________ percent (or _____ for each $10.00) for a period of time not to exceed __________?'
(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided in this article; otherwise, the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the 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 the funds of the county within the special district.
48-8-244. (a) If the imposition of the tax authorized by this article 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 article shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax.

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(c) At any time, no more than a single tax authorized by this article may be imposed within a special district. (d) The governing authority of the county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution calling for the reimposition of a tax authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect. (e) Following the expiration of a tax authorized by this article, the governing authority of the county within the special district may initiate proceedings for the reimposition of such tax in the same manner as provided in this article for initial imposition of such tax.
48-8-245. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the special district and the supervising organization 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 governing authority of the county within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-246. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-247. The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:

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(1) One and one-half percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution as provided in Code Section 48-8248.
48-8-248. (a) The remaining proceeds of the tax imposed under this article shall be distributed by the governing authority of the county on behalf of the special district to the supervising organization of the district. The supervising organization shall distribute such proceeds quarterly pursuant to the allocation plan as follows:
(1) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues in excess of $100 million:
(A) A sum equal to 1 percent of the first three-tenths of 1 percent levied shall be distributed to the supervising organization for competitive awards of project funding to artist and support organizations on the basis of criteria and guidelines issued by the supervising organization; and (B) A sum equal to 55 percent of the first three-tenths of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations within such district as follows:
(i) To the largest 10 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 15 percent of their combined average annual gross revenues for their past three fiscal years; (ii) To the next largest 30 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 17 percent of their combined average annual gross revenues for their past three fiscal years; and (iii) To the remaining 60 percent of qualified local cultural organizations, excluding artist and support organizations, a total annual sum equal to 19 percent of their combined average annual gross revenues for their past three fiscal years; (2) In special districts in which are located one or more qualified local cultural organizations having combined annual gross revenues equal to or less than $100 million, a sum equal to 55 percent of the first one-tenth of 1 percent levied shall be distributed by the supervising organization to qualified local cultural organizations in accordance with locally created and uniformly applied rules and guidelines; (3) A sum equal to 1 percent of the sums received by the supervising organization shall be retained by the supervising organization to carry out the functions of the supervising organization; and (4) The balance of such remaining proceeds shall be distributed to qualified local initiatives to perform the specified public service and public functions and projects pursuant to paragraph (2) of subsection (b) of Code Section 48-8-243.

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(b) Each such qualified local cultural organization funded under this Code section shall receive a sum equal to 80 percent of the specified percentage of their average annual gross revenues for their past three fiscal years subject only to meeting uniform guidelines for financial reporting and stability established by the supervising organization. Each such qualified local cultural organization may compete with other such organizations in their size group for single or multiyear grants of the remaining 20 percent allocated to their group on the basis of criteria and guidelines issued by the supervising organization. If the collected amounts of incremental sales tax revenues available for distribution are insufficient to fund the total amount each qualified local cultural organization would receive under this article, then each qualified local cultural organization shall receive a pro-rata share of the funds each would have received if sufficient funding were available.
48-8-249. The management, supervision, and distribution of funds of a district under Code Section 48-2-248 shall be vested in a supervising organization created by, appointed by, or contracted with by the governing authority of the county within the special district. Each supervising organization shall have a governing board or committee empowered to exercise the responsibilities of the supervising organization under this article, and the mayor of each of the qualified municipalities party to the intergovernmental agreement shall make an appointment. Fifty percent of the governing board or committee shall be composed of representatives of qualified local cultural organizations, and all members of the governing board or committee shall recuse themselves from participating in issues presenting a direct conflict of personal interests. The supervising organization shall elect its own chairperson and establish its own bylaws in conformance with the obligations imposed by this article and shall report annually on all expenditures and distributions to the governing authority of the county within the special district. Supervising organizations shall have the following duties and responsibilities:
(1) To administer the funding of qualified local cultural organizations and qualified local initiatives in accordance with this article and as approved by the voters; (2) To receive in trust and administer the distribution of all funds received from the tax imposed under this article; (3) To properly determine and uniformly calculate the amounts to be received by each qualified local cultural organization under this article; (4) To institute and administer competitive grant programs for the support of cultural organizations and artists in accordance with this article; (5) To determine and distribute the portion of the funds received from the tax imposed under this article to the qualified local initiatives as provided under this article; (6) To ensure that determinations on funding of any recipients shall be based not on political expediency but rather on the organization's contribution to the general welfare of its intended audience and the demonstration of its relative ability to provide benefits to the citizens of the district and the state;

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(7) To receive and review annual financial information from each qualified local cultural organization and qualified local initiative and prepare an annual report to the public and the governing authority of the county within the special district on all expenditures and distributions; and (8) To employ such staff and consultants as deemed necessary to fulfill its responsibilities under this article and to perform such other tasks as may be appropriate to fulfill its purposes under this article which are not inconsistent with this article.
48-8-250. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or municipality or in a special district which includes the county or municipality.
48-8-251. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-252. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-253. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.

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48-8-254. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of the governing authority of the county on behalf of the special district to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.
48-8-255. (a) The proceeds received from the tax authorized by this article shall be used by the authorized recipients within the special district exclusively for the purposes specified in the resolution calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds and shall not in any manner be commingled with other funds prior to the expenditure. (b) The authorized recipient 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 of any capital item, 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.
48-8-256. (a) The governing authority of the county within the special district receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of the county within the special district receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such special district, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost for any capital item, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. (b) The county within the special district shall not be held liable for an artist and support organization, qualified local cultural organization, qualified local cultural initiative, or supervising organization that fails to meet or comply with any of the requirements of this article. The county within the special district shall not be held liable if an artist and support organization, qualified local cultural organization,

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qualified local cultural initiative, or supervising organization is not qualified to receive funds under this article."
SECTION 2. Said title is further amended in Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, by revising division (57)(D)(i) to read as follows:
"(D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 or 5 of this chapter."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Stephens of the 164th moved that the House adopt the report of the Committee of Conference on HB 335.
Representative Franklin of the 43rd made a parliamentary inquiry noting that the report of the Committee of Conference on HB 335 had not laid on the desks for one hour as required by the Rules.
The Chair ruled a vote on the adoption of the report of the Committee of Conference on HB 335 out of order pursuant to Rule 146.6 which requires Conference Committee reports to lay on the desks for one hour.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 323. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which the death penalty is sought; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to extend the period of review for the Supreme Court's consideration of applications for pretrial proceedings in cases in which

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the death penalty is sought; to clarify provisions relating to the assistant to the Supreme Court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by revising subsection (d) of Code Section 1710-35.1, relating to review of pretrial proceedings in cases in which the death penalty is sought, as follows:
"(d) The Supreme Court shall issue an order granting review of the pretrial proceedings, or portions thereof, or denying review within 20 45 days of the date on which the case was received. The order of the Supreme Court shall identify the matters which shall be subject to review, and such matters may include, but need not be limited to, any matters called to the court's attention in any of the reports or in any application for appeal. No notice of appeal shall be required to be filed if review of the pretrial proceedings is granted. An order granting review of pretrial proceedings shall specify the period of time within which each party shall file briefs and reply briefs with respect to the matters identified in the Supreme Court's order granting review. The Supreme Court may order oral argument or may render a decision on the record and the briefs."
SECTION 2. Said article is further amended by revising Code Section 17-10-37, relating to the review of death sentences and the assistant to the Supreme Court, as follows:
"17-10-37. (a) There shall be an assistant to the Supreme Court who shall be an attorney appointed by the Chief Justice and who shall serve at the pleasure of the court. The court shall accumulate the records of all capital felony cases in which sentence was imposed after January 1, 1970, or such earlier date as the court may deem appropriate. The assistant shall provide the court with whatever extracted information it desires with respect thereto, including, but not limited to, a synopsis or brief of the facts in the record concerning the crime and the defendant. The assistant shall assist the Supreme Court in the review of all death sentences. (b) The court shall be authorized to employ an appropriate staff and such methods to compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence reviewed in accordance with Code Section 17-10-35. (c) The office of the assistant shall be attached for administrative purposes to the office of the clerk of the Supreme Court of Georgia."

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SECTION 3. This Act shall become effective on July 1, 2010, and shall apply to any case docketed on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Willard of the 49th moved that the House agree to the Senate substitute to HB 323.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison
Amerson Y Anderson Y Ashe Y Austin
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
Burkhalter 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

Y Crawford Y Davis Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dodson Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y 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
Jerguson Y Johnson Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Kidd Knight Y Knox Y Lane, B E Lane, R Y Levitas 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 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
Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Purcell
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 E 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 Y Talton Y Taylor Y Teilhet
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 motion, the ayes were 152, nays 1.

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The motion prevailed.
Representative Burns of the 157th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following communication was received:
Upon further reflection it appears that when the House of Representatives continued to meet into the morning of Saturday, March 27, AD 2010, to vote on HR 1087, that the House was in fact meeting on its 31st Legislative Day. Therefore, in my opinion, every matter taken up today has been in violation of Article III, Section IV, Paragraph I, of the Constitution of the State of Georgia, which says in part that the "General Assembly ... may continue in session for a period of no longer than 40 days in the aggregate each year."
Respectfully
/s/ Bobby Franklin Representative, District 43
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
HB 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 Senate has adopted the report #2 of the Committee of Conference on the following bill of the House:
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:

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A BILL to be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to 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.
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following communications were received:
House of Representatives Mark Burkhalter Speaker Emeritus
April 29, 2010
The Honorable Sonny Perdue Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Perdue:

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Pursuant to O.C.G.A. 45-5-5(a), effective May 2, 2010 at twelve o'clock pm, I am resigning from my position as the State Representative from House District 50.
It has been an honor serving the people of the great State of Georgia. In addition, I am particularly proud to have served as your Administrative Floor Leader.
Sincerely,
/s/ Mark Burkhalter
cc: David Ralston, Speaker of the House Robbie Rivers, Clerk of the House Brian Kemp, Secretary of State Robyn Underwood, Legislative Fiscal Officer
House of Representatives Coverdell Legislative Office Building, Room 512
Atlanta, Georgia 30334
April 29, 2010
The Honorable Sonny Perdue Governor, State of Georgia State Capitol Atlanta, GA 30334
Dear Governor Perdue:
Pursuant to O.C.G.A. 45-5-5(a), effective April 30, 2010 at twelve o'clock midnight, I am resigning from my position as the State Representative from House District 176.
On May 4, 2010 I will be sworn in as the new First Congressional District member of the Department of Transportation Board.
Sincerely,
/s/ Jay Shaw
cc: David Ralston, Speaker of the House Robbie Rivers, Clerk of the House Robyn Underwood, Fiscal Officer

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The Speaker announced the following Committee assignments which became effective January 15, 2010:

Agriculture and Consumer Affairs

McCall, Tom

Chairman

England, Terry Vice-Chairman

Maddox, Gene Secretary

Anderson, Lee

Black, Ellis

Burns, Jon

Dooley, Pat

Dukes, Winfred

Epps, Carl Von

Harden, Michael

Harden, Buddy

Houston, Penny

James, Lynmore

Levitas, Kevin

Maddox, Billy

Porter, DuBose

Roberts, Jay

Sellier, Tony

Smith, Tommy

Appropriations Harbin, Ben Channell, Mickey Ehrhart, Earl England, Terry Hill, Calvin Houston, Penny Martin, Chuck Parrish, Butch Rogers, Carl Collins, Doug O'Neal, Larry Sims, Chuck Amerson, Amos Ashe, Kathy Austin, Rick Barnard, Terry Black, Ellis Burkhalter, Mark

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

Burns, Jon Butler, Mark Carter, Amy Casas, David Chambers, Jill Cheokas, Mike Coan, Mike Cole, Jim Davis, Steve Day, Burke Dickson, Tom Dollar, Matt Gardner, Pat Golick, Rich Greene, Gerald Hanner, Bob Heard, Keith Hembree, Bill Henson, Michele Hill, Cecily Hugley, Carolyn James, Lynmore Jones, Sheila Keen, Jerry Knox, Tom Lane, Bob Lindsey, Edward Lucas, David Lunsford, John Manning, Judy Maxwell, Howard May, Jeff McKillip, Doug Mills, James Morris, Greg Neal, Jay Oliver, Mary Margaret Parsons, Don Peake, Allen Porter, DuBose

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Powell, Alan Powell, Jay Pruett, Jimmy Purcell, Ann Reese, Bobby Roberts, Jay Rynders, Ed Scott, Austin Setzler, Ed Shaw, Jay Sheldon, Donna Sims, Barbara Smith, Bob Smith, Richard Smith, Tommy Smith, Lynn Smyre, Calvin Stephens, Ron Walker, Len Willard, Wendell Williams, Roger Yates, John

Banks and Banking

Mills, James

Chairman

Hill, Calvin

Vice-Chairman

Hill, Cecily

Secretary

Allison, Stephen

Coan, Mike

Collins, Toney

Cox, Clay

Dawkins-Haigler, Dee

Ehrhart, Earl

Fludd, Virgil

Franklin, Bobby

Frazier, Gloria

Harden, Buddy

Houston, Penny

Jordan, Darryl

Kaiser, Margaret

Knight, David

Marin, Pedro "Pete"

Mayo, Rahn

Morris, Greg Nix, Randy Parrish, Butch Peake, Allen Reese, Bobby Rice, Tom Scott, Martin Shaw, Jay Sheldon, Donna Sinkfield, Georganna Smith, Earnest Stuckey Benfield, Stephanie Talton, Willie Weldon, Tom Williams, Mark

Budget and Fiscal Affairs Oversight

Smith, Richard Chairman

Reese, Bobby

Vice-Chairman

Dempsey, Katie Secretary

Dooley, Pat

Epps, Bubber

Hill, Calvin

Houston, Penny

Martin, Chuck

Children and Youth Manning, Judy Chairman Byrd, Charlice Vice-Chairman Harden, Buddy Secretary Allison, Stephen Ashe, Kathy Austin, Rick Battles, Paul Bell, Simone Cole, Jim Dodson, Ron Geisinger, Harry Glanton, Mike Hamilton, Mark Harden, Michael Howard, Wayne Johnson, Terry

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Mangham, Randal Morgan, Alisha Peake, Allen Pruett, Jimmy Purcell, Ann Sinkfield, Georganna Smith, Earnest

Code Revision

Morris, Greg

Chairman

Setzler, Ed

Vice-Chairman

Lane, Roger

Secretary

Abrams, Stacey

Crawford, Rick

Stuckey Benfield, Stephanie

Weldon, Tom

Defense and Veterans Affairs

Yates, John

Chairman

Everson, Melvin Vice-Chairman

Sellier, Tony

Secretary

Abrams, Stacey

Collins, Doug

Day, Burke

Glanton, Mike

Heckstall, Joe

Ramsey, Matt

Smith, Tommy

Thomas, Brian

Education Coleman, Brooks Millar, Fran Benton, Tommy England, Terry Ashe, Kathy Austin, Rick Battles, Paul Carter, Amy Casas, David Dickson, Tom Everson, Melvin Floyd, Hugh

Chairman Vice-Chairman Secretary Ex-Officio

Holt, Doug Jordan, Darryl Kaiser, Margaret Keown, Mike Lindsey, Edward Massey Reece, Barbara Maxwell, Howard Mayo, Rahn Morgan, Alisha Nix, Randy Peake, Allen Purcell, Ann Reese, Bobby Sellier, Tony Setzler, Ed Smith, Kip Talton, Willie Taylor, Rashad Teilhet, Rob Thomas, Brian Williams, "Coach"

Economic Development and Tourism

Stephens, Ron Chairman

Casas, David

Vice-Chairman

Neal, Jay

Secretary

Abdul-Salaam, Roberta

Brooks, Tyrone

Bryant, Bob

Byrd, Charlice

Dempsey, Katie

Dickson, Tom

Dukes, Winfred

Floyd, Hugh

Fullerton, Carol

Gordon, J. Craig

Greene, Gerald

Henson, Michele

Hill, Cecily

Hudson, Sistie

Jackson, Mack

Johnson, Terry

Maddox, Gene

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Marin, Pedro "Pete" Millar, Fran Nix, Randy Parrish, Butch Pruett, Jimmy Purcell, Ann Sheldon, Donna Sims, Barbara Smith, Kip Wilkinson, Joe Williams, Al

Energy, Utilities, and

Telecommunications

Parsons, Don

Chairman

Geisinger, Harry Vice-Chairman

Loudermilk, Barry Secretary

Amerson, Amos

Baker, Glenn

Burkhalter, Mark

Cox, Clay

Dempsey, Katie

Drenner, Karla

Fullerton, Carol

Harbin, Ben

Holt, Doug

Horne, Billy

Hudson, Sistie

Lucas, David

Mangham, Randal

Martin, Chuck

May, Jeff

Scott, Martin

Smith, Earnest

Smith, Bob

Williams, "Coach"

Williams, Mark

Wix, Don

Ethics Wilkinson, Joe Benton, Tommy Hugley, Carolyn

Chairman

Jones, Jan Keen, Jerry Lindsey, Edward May, Jeff Porter, DuBose Randall, Nikki Sheldon, Donna Smyre, Calvin Willard, Wendell

Governmental Affairs

Hamilton, Mark Chairman

Bearden, Tim

Vice-Chairman

O'Neal, Larry

Secretary

Brooks, Tyrone

Butler, Mark

Chambers, Jill

Floyd, Hugh

Hatfield, Mark

Kidd, Rusty

Meadows, John

Morgan, Alisha

Mosby, Howard

Oliver, Mary Margaret

Powell, Alan

Powell, Jay

Scott, Austin

Game, Fish, and Parks

Lane, Bob

Chairman

Williams, Mark Vice-Chairman

Hill, Cecily

Secretary

Baker, Glenn

Beasley-Teague, Sharon

Bruce, Roger

Dobbs, Elly

Jerguson, Sean

Knight, David

McCall, Tom

Scott, Martin

Williams, Al

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Health and Human Services

Cooper, Sharon Chairman

Rynders, Ed

Vice-Chairman

Holt, Doug Secretary

Butler, Mark

Byrd, Charlice

Cheokas, Mike

Collins, Doug

Dempsey, Katie

Dobbs, Elly

Dodson, Ron

Drenner, Karla

Fullerton, Carol

Gordon, J. Craig

Graves, Tom

Harden, Buddy

Hembree, Bill

Henson, Michele

Howard, Wayne

Hudson, Sistie

Jones, Sheila

Kaiser, Margaret

Keown, Mike

Kidd, Rusty

Loudermilk, Barry

Lunsford, John

Maddox, Gene

Millar, Fran

Mitchell, Billy

Morgan, Alisha

Mosby, Howard

Parsons, Don

Purcell, Ann

Randall, Nikki

Rogers, Carl

Sellier, Tony

Sims, Barbara

Stephens, Mickey

Stephenson, Pam

Wilkinson, Joe

Higher Education

Walker, Len

Chairman

Dempsey, Katie Vice-Chairman

Carter, Amy

Secretary

Knight, David Secretary

Allison, Stephen

Amerson, Amos

Ashe, Kathy

Fullerton, Carol

Gardner, Pat

Harden, Michael

Hatfield, Mark

Hembree, Bill

Knight, David

Long, Ralph

Murphy, Quincy

Sims, Chuck

Smyre, Calvin

Human Relations and Aging

Cox, Clay

Chairman

Dickson, Tom Vice-Chairman

Ramsey, Matt

Secretary

Bell, Simone

Butler, Mark

Channell, Mickey

Dawkins-Haigler, Dee

Frazier, Gloria

Heckstall, Joe

Howard, Wayne

Johnson, Terry

Maddox, Gene

Walker, Len

Information and Audits

Sims, Chuck

Chairman

Franklin, Bobby Vice-Chairman

Maddox, Billy Secretary

Cheokas, Mike

Thompson, Lee

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Interstate Cooperation

Dollar, Matt

Chairman

Reese, Bobby

Vice-Chairman

Manning, Judy Secretary

Burns, Jon

Collins, Toney

Insurance Meadows, John Chairman Neal, Jay Vice-Chairman Coan, Mike Secretary Cheokas, Mike Collins, Toney Davis, Steve Dodson, Ron Dollar, Matt Epps, Carl Von Everson, Melvin Golick, Rich Harbin, Ben Heard, Keith Hembree, Bill Holt, Doug Hugley, Carolyn Jacobs, Mike Keen, Jerry Knox, Tom Lucas, David Maxwell, Howard Murphy, Quincy Rogers, Carl Sinkfield, Georganna Smith, Richard Stephens, Mickey Wilkinson, Joe

Intragovernmental Coordination

Rynders, Ed

Chairman

Lane, Bob

Vice-Chairman

Scott, Martin

Secretary

Anderson, Lee

Coleman, Brooks

Crawford, Rick

Harbin, Ben Heard, Keith McKillip, Doug Stephenson, Pam Wix, Don

Industrial Relations

Coan, Mike

Chairman

England, Terry Vice-Chairman

Horne, Billy Secretary

Cox, Clay

Dawkins-Haigler, Dee

Dooley, Pat

Floyd, Hugh

Hamilton, Mark

Howard, Wayne

Kaiser, Margaret

Knox, Tom

Lindsey, Edward

Marin, Pedro "Pete"

May, Jeff

McKillip, Doug

Pruett, Jimmy

Smith, Kip

Teilhet, Rob

Williams, Roger

Judiciary

Willard, Wendell Chairman

Jacobs, Mike

Vice-Chairman

Allison, Stephen Secretary

Golick, Rich

Ex-Officio

Wilkinson, Joe Ex-Officio

Bruce, Roger

Crawford, Rick

Dobbs, Elly

Hatfield, Mark

Lane, Roger

Lindsey, Edward

Maddox, Billy

McKillip, Doug

Nix, Randy

Oliver, Mary Margaret

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O'Neal, Larry Powell, Jay Stephenson, Pam Teilhet, Rob Weldon, Tom

Judiciary - Non-Civil

Golick, Rich

Chairman

Hatfield, Mark Vice-Chairman

Levitas, Kevin Secretary

Abdul-Salaam, Roberta

Abrams, Stacey

Bearden, Tim

Byrd, Charlice

Cole, Jim

Collins, Doug

Cooper, Sharon

Everson, Melvin

Franklin, Bobby

Knox, Tom

Lunsford, John

Mangham, Randal

Ramsey, Matt

Randall, Nikki

Setzler, Ed

Stuckey Benfield, Stephanie

Thompson, Lee

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

Chairman

Motor Vehicles Rice, Tom Graves, Tom Bearden, Tim Austin, Rick Battles, Paul

Chairman Vice-Chairman Secretary

Bruce, Roger Harden, Michael Johnson, Terry Powell, Alan Yates, John

Natural Resources and Environment

Smith, Lynn

Chairman

Morris, Greg

Vice-Chairman

Nix, Randy

Secretary

Anderson, Lee

Barnard, Terry

Buckner, Debbie

Burkhalter, Mark

Coleman, Brooks

Drenner, Karla

England, Terry

Fullerton, Carol

Gardner, Pat

Geisinger, Harry

Hanner, Bob

Harden, Buddy

Keown, Mike

Lane, Roger

Long, Ralph

Manning, Judy

McCall, Tom

McKillip, Doug

Meadows, John

Smith, Richard

Smith, Kip

Stuckey Benfield, Stephanie

Thomas, Brian

Thompson, Lee

Wilkinson, Joe

Williams, Mark

Public Safety and Homeland Security

Day, Burke

Chairman

Talton, Willie

Vice-Chairman

Maddox, Billy Secretary

Black, Ellis

Collins, Doug

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Frazier, Gloria Hanner, Bob Horne, Billy Jackson, Mack Neal, Jay

Reapportionment

Lane, Roger

Chairman

Franklin, Bobby Vice-Chairman

Smith, Richard Vice-Chairman

Cox, Clay

Secretary

Jones, Jan

Ex-Officio

Beasley-Teague, Sharon

Bryant, Bob

Dollar, Matt

Jerguson, Sean

Massey Reece, Barbara

Mayo, Rahn

Smith, Bob

Smith, Lynn

Talton, Willie

Yates, John

Retirement

Maxwell, Howard Chairman

Benton, Tommy Vice-Chairman

Weldon, Tom

Secretary

Brooks, Tyrone

Buckner, Debbie

Coleman, Brooks

Day, Burke

Golick, Rich

Gordon, J. Craig

James, Lynmore

Maddox, Gene

Meadows, John

Williams, "Coach"

Regulated Industries

Williams, Roger Chairman

Jerguson, Sean Vice-Chairman

Shaw, Jay

Secretary

Bearden, Tim

Cooper, Sharon Dickson, Tom Epps, Carl Von Fludd, Virgil James, Lynmore Maddox, Billy Mitchell, Billy Powell, Alan Ramsey, Matt

Rules Hembree, Bill Willard, Wendell Mills, James Hugley, Carolyn Porter, DuBose Barnard, Terry Bearden, Tim Benton, Tommy Burkhalter, Mark Casas, David Chambers, Jill Channell, Mickey Coan, Mike Cole, Jim Cooper, Sharon Dempsey, Katie Drenner, Karla Ehrhart, Earl Greene, Gerald Hanner, Bob Jacobs, Mike Jones, Jan Keen, Jerry Lane, Bob Lunsford, John Manning, Judy Millar, Fran Morris, Greg Mosby, Howard Parrish, Butch Randall, Nikki Rice, Tom

Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio

THURSDAY, APRIL 29, 2010

6137

Roberts, Jay Scott, Austin Shaw, Jay Smith, Lynn Smith, Bob Smyre, Calvin Stephens, Ron Walker, Len

Science and Technology

Amerson, Amos Chairman

Keown, Mike

Vice-Chairman

Byrd, Charlice Secretary

Battles, Paul

Kidd, Rusty

Levitas, Kevin

Loudermilk, Barry

Martin, Chuck

Massey Reece, Barbara

Oliver, Mary Margaret

Special Committee on Small Business

Development

Lunsford, John Chairman

Horne, Billy

Vice-Chairman

Smith, Bob

Secretary

Carter, Amy

Drenner, Karla

Graves, Tom

Hamilton, Mark

Jerguson, Sean

Loudermilk, Barry

Millar, Fran

Mosby, Howard

Peake, Allen

Powell, Alan

Sims, Barbara

State Institutions and Property

Barnard, Terry Chairman

Horne, Billy

Vice-Chairman

Jerguson, Sean Secretary

Bryant, Bob

Buckner, Debbie Cheokas, Mike Davis, Steve Ehrhart, Earl Greene, Gerald Hill, Calvin Kidd, Rusty Lane, Roger Massey Reece, Barbara Williams, Al

State Planning and Community

Affairs

Smith, Tommy Chairman

Davis, Steve

Vice-Chairman

Sims, Barbara

Secretary

Bell, Simone

Cole, Jim

Crawford, Rick

Dukes, Winfred

Epps, Bubber

Heckstall, Joe

Jackson, Mack

Mitchell, Billy

Sims, Chuck

Walker, Len

Willard, Wendell

Special Rules Burns, Jon Keown, Mike Holt, Doug Fullerton, Carol Gordon, J. Craig Hill, Calvin

Chairman Vice-Chairman Secretary

Transportation

Roberts, Jay

Chairman

Sheldon, Donna Vice-Chairman

Loudermilk, Barry Secretary

Abdul-Salaam, Roberta

Allison, Stephen

Anderson, Lee

6138

JOURNAL OF THE HOUSE

Baker, Glenn Benton, Tommy Bryant, Bob Burns, Jon Channell, Mickey Davis, Steve Dollar, Matt Epps, Bubber Everson, Melvin Gardner, Pat Geisinger, Harry Glanton, Mike Graves, Tom Hamilton, Mark Hill, Cecily Holt, Doug Jones, Sheila Jordan, Darryl Levitas, Kevin Long, Ralph Lucas, David McCall, Tom Murphy, Quincy Rice, Tom Rogers, Carl Rynders, Ed Setzler, Ed Sims, Barbara Williams, Mark Wix, Don

Ways and Means

O'Neal, Larry

Chairman

Sims, Chuck

Vice-Chairman

Knight, David Secretary

Harbin, Ben

Ex-Officio

Abrams, Stacey

Austin, Rick

Battles, Paul

Beasley-Teague, Sharon

Black, Ellis

Bryant, Bob

Fludd, Virgil

Glanton, Mike

Graves, Tom

Houston, Penny

Martin, Chuck

May, Jeff

Meadows, John

Mills, James

Mosby, Howard

Parsons, Don

Peake, Allen

Rice, Tom

Roberts, Jay

Scott, Austin

Scott, Martin

Stephens, Ron

Stephens, Mickey

Talton, Willie

Taylor, Rashad

Williams, Roger

Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed.

Pursuant to HR 1995, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2010

PART I PART II PART III PART IV PART V -

ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
NUMERICAL TABULATION (House Bills)
NUMERICAL TABULATION (House Resolutions)
NUMERICAL TABULATION (Senate Bills in House)
NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
A
ABORTION Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Crimes and offenses; specify certain acts that constitute criminal abortion .......... SB 529 Insurance; no state health care plan offer abortion coverage; provide.................HB 1527
ACCOUNTANTS; provide reduced required hours for state employees................ SB 351
AD VALOREM TAX Ad valorem tax exemption of property; provide new owner with application; provisions.................................................................................HB 967 Ad valorem tax exemption; businesses providing new jobs; provisions..............HB 1249 Ad valorem tax exemption; certain charitable institutions; revise and change ...........................................................................................................HB 462 Ad valorem tax exemption; certain public-private transportation projects; provisions ............................................................................................HB 1186 Ad valorem tax exemption; full value of certain new construction; provisions.............................................................................................................HB 975 Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax exemptions; freeport exemptions; revise provisions ..................HB 1082 Ad valorem tax; annual notice of changes in tax returns; provide .......................HB 1190 Ad valorem tax; bona fide conservation use property; revise certain provisions...................................................................................................HB 75 Ad valorem tax; certain historical information; change certain provisions ...........HB 240 Ad valorem tax; certification of assessed taxable property value; change provisions ..............................................................................................HB 1332 Ad valorem tax; change certain definitions..........................................................HB 1222 Ad valorem tax; collection of levy administration fees; change provisions .........HB 1158 Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions..........................................................................................HB 106 Ad valorem tax; foreclosure sales; determination of fair market value; provide .................................................................................................................HB 498
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6142

INDEX

Ad valorem tax; forest land conservation use property; revise provisions ..........HB 1028 Ad valorem tax; freeport exemption; change a definition......................................HB 409 Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; heavy-duty equipment motor vehicles; no tax
except during year purchased; provide ................................................................HB 348 Ad valorem tax; heavy-duty equipment vehicles; change partial
exemption to tax credit; provide ..........................................................................HB 996 Ad valorem tax; homestead exemption; disabled veterans; provisions..................HB 247 Ad valorem tax; homestead exemption; provisions ...............................................HB 461 Ad valorem tax; modernization and revisions of certain provisions;
provide .................................................................................................................HB 483 Ad valorem tax; motor vehicles; certain disabled veterans; provide
partial exemption .................................................................................................HB 520 Ad valorem tax; notice of changes in taxpayers' returns; change
provisions...........................................................................................................HB 1139 Ad valorem tax; notice of changes made; require ....................................................HB 95 Ad valorem tax; property; change certain provisions.............................................HB 241 Ad Valorem Tax; provide conditions; charitable institutions receiving
exemption; rent for a fee without invalidating such exemption .......................... SB 513 Ad valorem tax; returns of taxable real property; change certain
provisions.............................................................................................................HB 963 Ad valorem tax; United States servicemembers killed in action;
surviving spouses; increase homestead exemption..............................................HB 407 Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Ad Valorem Taxes; manner and time of making the state ad
valorem tax levy; revise and change provisions .................................................. SB 517 Ad Valorem Taxes; revise comprehensive provisions ........................................... SB 346 Appraisers; prohibit persons who are serving/have served a member of
county board of tax assessors from serving as employee of the board................ SB 118 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 County boards of equalization; property overvalued for tax purposes;
provide remedy ...................................................................................................HB 399 County boards of tax assessors; appeal of assessments; comprehensive
revision.................................................................................................................HB 587 County or municipality; ad valorem tax; homestead exemption;
authorize - CA......................................................................................................HR 369 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 Homestead exemption; disabled veterans; surviving spouses or minors;
provide .................................................................................................................HB 222 Landowners Protection Act of 2009; permit persons to hunt/fish or allow
persons on property for agritourism; limit liability .............................................. SB 75 Local ad valorem tax; reduce or eliminate with 1 percent sales tax;
authorize - CA....................................................................................................HR 1432

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INDEX

6143

Property value moratorium; additional nonapplicability; provisions...................HB 1148 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund;
provide .................................................................................................................HB 192 Revenue and taxation; method of assessing real property; comprehensive
revision.................................................................................................................HB 517 Small Business and Jobs Protection Act of 2010; enact...........................................HB 18 Tax digests; not approved by commissioner under certain conditions;
eliminate.............................................................................................................HB 1041 Tax executions; collection of costs; change certain provisions..............................HB 645 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Watercraft held in inventory; exempt from taxation; provide..............................HB 1105
ADJOURNMENT Adjournment; relative to....................................................................................... SR 1120 Adjournment; relative to....................................................................................... SR 1322 Adjournment; relative to....................................................................................... SR 1423 Adjournment; relative to.......................................................................................HR 1091 Adjournment; relative to.......................................................................................HR 1262 Adjournment; relative to.......................................................................................HR 1514 Adjournment; relative to.......................................................................................HR 1995
ADMINISTRATIVE PROCEDURE Conservation and natural resources; certain environmental protection permits; revise provisions ..................................................................................HB 1370 Georgia Administrative Procedures Act; change certain procedures; provide proposed rules...........................................................................................HB 15 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose ............................................................ SB 427 Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current regulations............................................................................................................ SB 148 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .........................................................................................HB 20 Local Boards of Education; election; revise provisions ........................................... SB 84 Revenue and taxation; administrative garnishment; comprehensive revisions ...............................................................................................................HB 982 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................ SB 315

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6144

INDEX

ADMINISTRATIVE SERVICES, DEPARTMENT OF Administrative Services, Department of; mandatory purchase agreements; provisions ........................................................................................HB 934 Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose ............................................................ SB 427 Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact .....................................................................................................................HB 196 Law enforcement vehicles; painted solid color; authorize .....................................HB 981 Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions............................................................................HB 1324 State Accounting Office; direct the officer to contract with a third party to audit state contracts for purpose of recovering certain funds.............................. SB 478 State and Local Public-Private Partnership Act of 2010; enact ...........................HB 1134 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................. SB 194 State purchasing; free market competition; provide...............................................HB 382 State purchasing; goods and services from correctional industries; revise certain provisions ......................................................................................HB 205 State purchasing; price paid by state not exceed price offered to others; require ................................................................................................................HB 1358
ADOPTION Adoption records; nonidentifying medical information open to certain persons; provide.................................................................................HB 1159
AGENCIES (See Named Agency or State Government)
AGRICULTURE Agriculture Commissioner; trademark; create .......................................................HB 232 Agriculture; farm to school program to promote Georgia-grown products; provide .................................................................................................HB 847 Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions .................................................................................................HB 842 Building codes; certain farm buildings; provide exemption ................................HB 1439 Fees; change amount; provisions..........................................................................HB 1055 Hambone Jam; official Georgia State BBQ Championship competition; recognize..............................................................................................................HR 778 Joint Equine Industry Study Committee; create .......................................................HR 78 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws .............................................................................. SB 388 Official Code of Georgia Annotated; amend several titles ..................................HB 1356

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INDEX

6145

State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296
United States Congress; support Georgia chicken growers; encourage.................HR 581
AGRICULTURE, DEPARTMENT OF Agriculture Commissioner; trademark; create .......................................................HB 232
AIRLINES AND AIRPORTS (See Aviation)
AIR POLLUTION Air quality; emitting pentachlorophenol near schools; limitations; provisions...........................................................................................................HB 1087 Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions.............................................................................................................HB 531 Conservation and natural resources; certain environmental protection permits; revise provisions ..................................................................................HB 1370 Conservation and natural resources; level of registration required for Environmental Protection Division permits; specify ...................................HB 1368 Georgia Energy Freedom Act of 2010 ................................................................... SB 401
ALBANY, CITY OF Albany-Dougherty County; consolidated and unified government; create............HB 800 Dougherty County; create the consolidated government of AlbanyDougherty County; provide for status, boundaries, and powers ......................... SB 538
ALCOHOLIC BEVERAGES Alcoholic beverage sales; subject to regulation by counties; provisions .............HB 1091 Alcoholic beverages; brewpubs; change qualifications .......................................HB 1426 Alcoholic beverages; caffeinated alcoholic beverages; prohibit ..........................HB 1269 Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ............................................................................................................... SB 335 Alcoholic beverages; filing of bonds with license renewal applications; change provisions ..............................................................................................HB 1350 Alcoholic beverages; Georgia Alcoholic Beverages Code; change certain provisions.................................................................................................HB 353 Alcoholic beverages; issuance of licenses; revise certain provisions ....................HB 102 Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide......................................................................................HB 104 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 138 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 352

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6146

INDEX

Alcoholic beverages; Regional Economic Assistance Projects; retail license; provide...........................................................................................HB 661
Distilled spirits; 33 excise tax option; provide ...................................................HB 1488 Distilled spirits; state license requirements; identifying information;
provide .................................................................................................................HB 115 License requirements; craft brewers; provisions ..................................................HB 1313 Motor carriers; persons under 21; illegal to possess or consume
alcohol while being transported; provide information ........................................HB 389 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669 Sale of malt beverages; consumption on and off the premises; provisions............HB 604
ALCOVY JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change...........HB 1140
ALIMONY AND CHILD SUPPORT Alimony; determining amount; not consider certain events; provide ....................HB 954 Child Support Recovery Act; IV-D agency support orders; change provisions...........................................................................................................HB 1118 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Penal institutions; Department of Probation/Parole Community Based Supervision; create......................................................................................HB 78
ALMA, CITY OF; change certain charter provisions ...........................................HB 1362
AMERICUS, CITY OF State highway system; certain portions; dedicate.................................................HR 1513
ANIMAL PROTECTION Animal protection; gas chamber to euthanize dogs and cats; prohibit...................HB 788 Animal protection; methods for euthanasia; training; provide...............................HB 606 Animal protection; shelters scan for microchips prior to euthanasia; provisions...........................................................................................................HB 1106 Gambling; prohibit cockfighting; provisions .........................................................HB 987
ANIMALS Animal protection; gas chamber to euthanize dogs and cats; prohibit...................HB 788 Animal protection; methods for euthanasia; training; provide...............................HB 606 Animal protection; shelters scan for microchips prior to euthanasia; provisions...........................................................................................................HB 1106 Animals; dangerous and vicious dogs; revise provisions.....................................HB 1280 Cockfighting; punishments; provisions ..................................................................HB 109

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INDEX

6147

Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583
Criminal offenses; cruelty to animals; revise provisions .....................................HB 1146 Family violence situations; protection for family pets; provide.............................HB 429 Fees; change amount; provisions..........................................................................HB 1055 Gambling; prohibit cockfighting; provisions .........................................................HB 987 House Study Committee on Dangerous Dogs; create ............................................HR 625 Livestock; National Animal Identification System; no owner
required to participate; provide............................................................................HB 699 Motor vehicles; taxicab and limousine definitions; "In God We Trust"
license plate decal; Zoo Atlanta; provide ..........................................................HB 1005 Public health and morals; offense of cruelty to animals; change
provisions...........................................................................................................HB 1153 Stalking cases; protection orders; include animals; allow......................................HB 574 State government; pari-mutuel wagering or betting on horse racing;
provisions...........................................................................................................HB 1168 Uniform rules of the road; securing live animals in motor vehicles;
require ..................................................................................................................HB 692 United States Congress; support Georgia chicken growers; encourage.................HR 581
APPEAL AND ERROR Dismissal of appeals; may be dismissed if improperly filed; provide....................HB 956 Prosecuting attorneys; state's rights to appeal in criminal cases; provisions.............................................................................................................HB 600 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law............... SB 157 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 372 Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331
APPELLATE COURT (Also, see Courts) Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331
APPLING COUNTY Lake Chapel Primitive Baptist Church; Appling County; commend...................HR 1141

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6148

INDEX

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA .................................... SR 1 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 150 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 151 General Appropriations Act; State Fiscal Year 2009 - 2010; change certain appropriations ..............................................................................HB 949 General Appropriations; State Fiscal Year July 1, 2010 - June 30, 2011 ..............HB 948 Governor; require tax expenditure reviews as part of budget report; provide for definition ........................................................................................... SB 206 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations ......................................................................................................HB 152 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations ......................................................................................................HB 153 State Fiscal Year; July 1, 2010 - June 30, 2011; make and provide appropriations ......................................................................................................HB 950 Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 ................................................................................HB 947 Zero-Base Budgeting Act; provide for the application .............................................. SB 1
ARCADE, TOWN OF City council members; staggered terms of office; provide ....................................HB 959
ARCHITECTS Architects; practice of interior designers; clarify ...................................................HB 231 Professions and businesses; electronic signature for certain professions; provide ...............................................................................................................HB 1354 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195
ARREST OF PERSONS Criminal procedure; change the term victim to the term accuser; provide ..........HB 1181 Law enforcement officers; arrest; revise certain provisions.....................................HB 87 Warrants for arrest; persons who may issue warrants; provisions .........................HB 199
ARTS Capitol Art Standards Commission; sculpture replacement plaque; urge............HR 1786 Capitol Arts Standards Commission; hang portrait of Honorable Griffin Boyette Bell; request .............................................................................HR 1974 Murphy, Thomas B.; official portrait; provide ceremony; honor.........................HR 1481

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INDEX

6149

Rosa Parks and others; urging the placement of their portraits in the state capitol ..................................................................................................HR 28
Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ............................. SB 226
ATKINSON COUNTY James C. Moore Corridor; dedicate........................................................................HR 292
ATLANTA JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change...........HB 1140
ATLANTA, CITY OF Reed, Kasim; City of Atlanta Mayor; commend and invite to House..................HR 1190
ATTORNEY GENERAL Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct...........................................................................................HR 1824 Attorney General Thurbert Baker; challenge federal health care reform legislation; urge......................................................................................HR 1822 Attorney General; if fail to represent state in court; Governor designate counsel; provide.................................................................................HB 1477 Baker, Thurbert E.; impeachment charges; bring.................................................HR 1866 Baker, Thurbert; Attorney General for Georgia; commend .................................HR 1947 Elections; remove references to ballot cards; provisions .......................................HB 540 Governor and Attorney General; sue Environmental Protection Agency to prevent carbon emissions regulation; urge.......................................HR 1650 State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide .........................................................HB 1443 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75
ATTORNEYS Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ......................HR 72 Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331
AUDITS AND ACCOUNTS, DEPARTMENT OF State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects ........................................HB 831 State Auditor; website of Dept. of Audits and Accounts; applicable to public information; operation, maintenance; provisions ................................. SB 389 State government; revenue and taxation; educational purposes; change provisions ..............................................................................................HB 1013

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6150

INDEX

AUGUSTA, CITY OF Augusta-Richmond County; form youth advisory council; encourage................HR 1890
AVIATION Air facilities; procedure to acquire property for airport; provisions ......................HB 586 Georgia Services Administration; succeed Department of Administrative Services; create provisions ................................................................................HB 1431 Hartsfield-Jackson International Airport; world's most efficient; commend..............................................................................................................HR 676 Major Airport Operations Act; create.....................................................................HB 644 Motor fuel tax; jet and aviation gasoline; maintain public-use airports; provide - CA ........................................................................................HR 1681 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Special liens on personalty; eliminate aircraft liens; provisions ..........................HB 1147
AVONDALE ESTATES, CITY OF; corporate city limits; change.....................HB 1063

B
BACON COUNTY; advisory referendum election; provide.................................HB 1492
BAIL; BONDS AND RECOGNIZANCES Bonds for good behavior; application and notice for show cause hearing; provisions.............................................................................................HB 1171 Bonds; interest and dividends received on bond funds; provisions .........................HB 35 Criminal procedure; change the term victim to the term accuser; provide ..........HB 1181 Electronic pretrial release and monitoring; surety for a bond; clarify provisions ...............................................................................................HB 1052 Local government; bonds; clarify certain terms .....................................................HB 881 Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 Public officers and employees; school board members in bail bond business; modify provisions .......................................................................HB 980 Recognizance bonds; persons charged with certain crimes; limit .........................HB 889 Street gang terrorism and prevention; expand and change provisions .................HB 1015
BAKER COUNTY South Georgia Regional Information Technology Authority; change certain provisions...................................................................................HB 1010 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588

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INDEX

6151

BALDWIN COUNTY Baldwin County; ad valorem taxes for county purposes; reduce the age for qualifying for such homestead exemption from 65 to 60 years..................... SB 543 Public Property; conveyance; 11 counties............................................................ SR 1083
BANKING AND FINANCE Banking and finance; refund anticipation loans and checks; provide definitions ...............................................................................................HB 387 Constitutional Tender Act; enact ............................................................................HB 430 Currency transactions; fee for wire transmitted money received; provisions...........................................................................................................HB 1243 Financial institutions; protection of aged or incapacitated adults; provisions.............................................................................................................HB 636 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57 Income taxes; net capital gains excluded from state taxable income; provide .................................................................................................................HB 655 Mortgage lenders and brokers; escrow accounts; tax payments; provide method ....................................................................................................HB 398 Mortgage lenders and brokers; notice to customers of flood plain; provide........HB 1209 Obligations of a bank; certain renewals or restructuring of loans; exempt............HB 926 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts ....................................................................... SB 131
BARBERS Barbers; license to operate mobile barbershops; provide.....................................HB 1084 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195
BARTOW COUNTY Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92 LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate...................HR 1686 Levy an excise tax; authorize .................................................................................HB 750 Levy excise tax; authorize ....................................................................................HB 1430
BERRIEN COUNTY; office of elected county surveyor; abolish........................HB 1045
BIBB COUNTY Levy an excise tax; authorize .................................................................................HB 804 Levy excise tax; provide.......................................................................................HB 1285 Macon-Bibb, Georgia; provide unified government ............................................HB 1161

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6152

INDEX

BICYCLES Bicycles; operation on sidewalks; authorize local governments............................HB 965 Driving; safe distance between vehicle and bicycle; provide ................................HB 988 Uniform rules of the road; bicycles on sidewalks; local government; authorize...............................................................................................................HB 422
BINGO Bingo games; limits on amounts of prizes; remove ...............................................HB 674 Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance ........................................................... SB 454 Bingo; define certain terms; veterans organizations; provisions............................HB 166 Gambling; regulation and licensing of bingo; repeal provisions..........................HB 1003 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51
BLECKLEY COUNTY William Maud Bryant Memorial Highway; Bleckley County; dedicate..............HR 1202
BLIND PERSONS (See Handicapped Persons)
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia............................................................................................... SB 238 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ........................................................................ SR 464 Colleges of agriculture; Department of Agriculture jurisdiction; transfer - CA ......................................................................................................HR 1590 Public property; writing off small amounts due to state; University System of Georgia; provisions...........................................................................HB 1128 Secretary of State and Board of Regents; Georgia Capitol and State Museums; urge..........................................................................................HR 1736 State Properties Commission; Board of Regents; multiyear rental agreements - CA ........................................................................................ SR 510 University System Fiscal and Administrative Oversight Commission; provide ...............................................................................................................HB 1352 University System of Georgia; American Sign Language credit; require............HB 1432 University System of Georgia; report institutional profile information; require ..................................................................................................................HB 647
BOSTWICK, CITY OF State highway system; certain portions; dedicate.................................................HR 1513

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6153

BOXING Georgia Boxing Association; recognized as a governing body for amateur boxing, wrestling, and martial arts................................................... SB 336
BRANTLEY COUNTY SP-5 Harry E. Chesser Memorial Bridge; Brantley County; dedicate .................HR 1479 State highway system; certain portions; dedicate.................................................HR 1513
BREMEN, CITY OF; provide new charter.............................................................HB 164
BROXTON, CITY OF City attorney and municipal court judge qualifications; provide .........................HB 1157
BRUNSWICK, CITY OF Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628
BRUNSWICK JUDICIAL CIRCUIT Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change...........HB 1140
BRYAN COUNTY Board of Commissioners prescribe time, place, and dates for meetings; provide ...............................................................................................................HB 1210
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ............................................................................................................... SB 335 Building codes; certain farm buildings; provide exemption ................................HB 1439 Buildings and other structures; Section 8 Housing Choice Voucher Program; give notice; provide .............................................................................HB 460 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................ SB 369 Buildings; new slab-on-grade residential structures; accessibility; provide ........HB 1395 Buildings; no building code require fire sprinklers in single-family dwelling; provide ...............................................................................................HB 1196 Buildings; provide person who owns/has the right to use real property; install/occupy pre-owned manufactured homes; health/safety standards............ SB 384 Buildings; Section 8 Housing Choice Voucher Program; owner give notice; provide .............................................................................................HB 716 Fees; change amount; provisions..........................................................................HB 1055

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6154

INDEX

Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244
Housing Authorities Law; certain past offenses; not disqualify applicants; provide...............................................................................................HB 113
Industrialized buildings; comply with local ordinances and regulations; provisions.............................................................................................................HB 516
Natural Resources, Department of; develop water conservation incentives; require..............................................................................................HB 1094
Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Rosa Parks and others; urging the placement of their portraits
in the state capitol ..................................................................................................HR 28 Sales and use tax; certain manufactured single-family structures;
change manner and method .................................................................................HB 868 Standard codes; small businesses provide water cooler or bottled
water alternative; provisions..............................................................................HB 1115 Water; examine practices, programs, policies; develop programs
for voluntary water conservation; reports of measurable progress...................... SB 370
BUSINESS AND OCCUPATION TAXES County and municipal tax levies; fund domed stadium; revise provisions............HB 903 Occupation taxes; counties collect certain information with taxes; provisions...........................................................................................................HB 1137 Occupation taxes; county provide electronic information to Department of Revenue; provisions ..................................................................HB 1093 Public accommodations charges; certain levies; change procedures ...................HB 1441 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 Taxation; furnishings for accommodations; authorize ...........................................HB 993 Taxes; corporate net worth tax; repeal; provisions.................................................HB 998
BUTTS COUNTY Charles Thomas Edwards Memorial Bridge; Jasper County; dedicate ................HR 1434
BYRON, CITY OF; corporate city limits; change ................................................HB 1484

C CADWELL, TOWN OF; provide new charter.....................................................HB 1169

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CALHOUN COUNTY Joe Bryan Highway; dedicate .................................................................................HR 561 Lower Chattahoochee Regional Airport Authority; remove Calhoun County .................................................................................................HB 1330 South Georgia Regional Information Technology Authority; change certain provisions...................................................................................HB 1010
CAMDEN COUNTY Easterling, Colonel Charles; memorial marker; Camden County; dedicate ........HR 1892
CARTERSVILLE, CITY OF Cartersville High School varsity baseball team; commend and invite to House ...................................................................................................HR 1171 E.R. Bates Memorial Bridge; Cartersville; dedicate ............................................HR 1167 Levy an excise tax; authorize .................................................................................HB 748 Levy excise tax; authorize ....................................................................................HB 1429
CATOOSA COUNTY Board of utilities commissioners election; provide ..............................................HB 1080
CAVE SPRING, CITY OF Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564
CEDARTOWN, CITY OF; levy excise tax; authorize ........................................HB 1490
CELLULAR TELEPHONES Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ............................................................................................................HB 21 Education, Department of; inform students about dangers of explicit or graphic texts; urge ............................................................................HR 1950 Elections; conduct at polling places; text messaging or mobile devices; prohibit.................................................................................................................HB 548 Health and morals; wireless telephone sales to persons under 18; prohibit .........HB 1520 Minors; electronically furnishing obscene material; include prohibit cellular telephones................................................................................HB 1334 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ...................................................................... SB 360 Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor vehicles; wireless communication devices; provisions .................................HB 19 Rules of Road; wearing a device which impairs hearing/vision; exempt headsets connected to hands-free mobile communication devices ..................... SB 306 Uniform rules of the road; use of radios and mobile telephones; change certain provisions.....................................................................................HB 945

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CHAMBLEE, CITY OF; corporate city limits; change .......................................HB 1122
CHAPLAINS, HOUSE OF REPRESENTATIVES Adkins, Pastor Ken ................................................................................................. Page 98 Bandy, Reverend Christy.................................................................................... Page 3457 Bridger, Pastor Seth .............................................................................................. Page 189 Brown, Pastor Jeffery W....................................................................................... Page 290 Cooper, Doctor Edwin .......................................................................................... Page 703 Crumbliss, Doctor Reed........................................................................................ Page 135 Donovan, Doctor Jim.............................................................................................. Page 87 Drake, Reverend Judd........................................................................................... Page 123 Elder, Doctor James C. ....................................................................................... Page 2244 Gallaty, Pastor Robby........................................................................................... Page 151 Gray, Minister Tom ............................................................................................ Page 2277 Gregory, Most Reverend Wilton D. ....................................................................... Page 38 Hale, Doctor Wimbley, Junior.............................................................................. Page 209 Hayes, Doctor Thurman...................................................................................... Page 1436 Hodges, Doctor Judson....................................................................................... Page 1393 Hunt, Doctor Johnny........................................................................................... Page 1209 Ivey, Pastor Charles ............................................................................................ Page 4794 Johnson, Pastor Carl D. ...................................................................................... Page 2320 Johnson, Reverend Ferrun .................................................................................. Page 1511 Jolly, Doctor Bob.................................................................................................. Page 816 Jones, Pastor David............................................................................................... Page 170 Joyner, Doctor C. William, Junior........................................................................ Page 951 Keown, Representative Mike ............................................................................. Page 5171 King, Doctor Ron.................................................................................................. Page 589 Lee, Pastor Eric Wendel, Senior........................................................................... Page 266 Love, Pastor Steve .............................................................................................. Page 2853 Parkin, Pastor Chris ................................................................................................ Page 48 Peele, Doctor Jerry.............................................................................................. Page 3408 Peeples, Doctor Stephen ....................................................................................... Page 740 Phillips, Pastor Stanley ....................................................................................... Page 1073 Ridley, Reverend Benjamin................................................................................ Page 1135 Smith, Pastor E. Dewey, Junior.......................................................................... Page 3003 Stephen, Pastor Randy ............................................................................................ Page 66 Tate, Doctor Benny............................................................................................... Page 109 Trimm, Doctor Cindy ........................................................................................... Page 884 Walker, Doctor Richard........................................................................................ Page 231 Watson, Doctor Maurice..................................................................................... Page 1696 Whitaker, Pastor Randall .................................................................................... Page 2299 Williams, Bishop Rosa L...................................................................................... Page 320 Williams, Pastor Randall ...................................................................................... Page 251

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CHARITIES AND CHARITABLE SOLICITATIONS Charitable solicitations; accounting; revise certain provisions ..............................HB 863 Telephone service; unsolicited commercial facsimile messages; change certain provisions.....................................................................................HB 275
CHARLTON COUNTY Nonpartisan elections; provide ...............................................................................HB 731 Nonpartisan elections; provide ...............................................................................HB 733
CHATHAM COUNTY Chatham County Commission; Savannah Economic Development Authority; Imperial Sugar; commend................................................................HR 1365 Savannah, City of; Chatham County; board of education members; add qualifications...............................................................................................HB 1509 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
CHATTOOGA COUNTY; board of elections and registration; create................HB 1479
CHEROKEE COUNTY Joint Cherokee County Transportation Study and Planning Commission; create ..................................................................................................................HR 2039
CHICKAMAUGA, CITY OF State Highway System; dedicate certain portions ................................................ SR 1075
CHILD ABUSE Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions............................................................................HB 1324 Sexual offenses; minimum age to prosecute prostitution and masturbation for hire; mandate ..........................................................................HB 1256
CHILD CUSTODY (See Domestic Relations or Parent and Child)
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (See Minors)
CHILDREN AND YOUTH ACT Child abuse reports; access to records; solicitors-general; authorize.....................HB 303 Human Resources, Department of; adopting a special needs child; financial assistance; provide ................................................................................HB 428

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Medicaid and PeachCare for Kids Program; contract termination; provide requirements .........................................................................................HB 1317
PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Sexual offenses; minimum age to prosecute prostitution and
masturbation for hire; mandate ..........................................................................HB 1256 Social services; Department of Community Health; provide
health care benefits; authorize .............................................................................HB 955
CHIROPRACTORS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195
CIGAR AND CIGARETTE TAXES Black Market Cigarette Act; enact .........................................................................HB 585 Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................HB 39 Revenue and tax; revenue enhancement and tax relief; comprehensive provisions...........................................................................................................HB 1278 Tobacco products; excise tax; change certain provisions.......................................HB 355
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions ............................. SB 491 Civil practice; stay of discovery; provide...............................................................HB 414 Civil trials; appointment of special masters; provide ...............................................HB 73 Commencement and service of civil actions; service of process; revise provisions ..................................................................................................HB 545 Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions................ SB 108 Georgia Foreign Money Judgments Recognition Act; not recognize foreign judgments in defamation actions............................................................. SB 488 Habeas corpus procedure; filing a writ; change certain provisions........................HB 214 International education; Georgia colleges and universities; urge.............................HR 77 Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions............................................................................HB 1324 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 372 Tolling of limitations for tort actions; while prosecutions pending; change provisions ..............................................................................................HB 1410

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Transparency in Lawsuits Protection Act; provide legislative enactments do not create a private right of action unless expressly stated............................. SB 138
Venue; uniform venue provisions; provide ............................................................HB 580
CLARKSTON, CITY OF; election and powers of the mayor; provide ...............HB 1507
CLAY COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County .................................................................................................HB 1330
CLAYTON COUNTY Become participant in MARTA; hold nonbinding referendum .........................................................................................................HB 1446 Clayton County Civil Service Act; review and appeal decisions; change provisions ..............................................................................................HB 1503 Office of sheriff transition; provide........................................................................HB 445 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
CLAYTON, CITY OF; Lake Spivey Parkway; designate ......................................HR 641
CLEVELAND, CITY OF; levy excise tax; authorize ..........................................HB 1500
CLINCH COUNTY Composition and election of governing authority; change...................................HB 1480 Public Property; conveyance; 11 counties............................................................ SR 1083
COBB COUNTY Luke Dollar Highway; dedicate..............................................................................HR 739 Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
COCHRAN, CITY OF William Maud Bryant Memorial Highway; Bleckley County; dedicate..............HR 1202
COFFEE COUNTY Broxton, City of; city attorney and municipal court judge qualifications; provide ...............................................................................................................HB 1157 Coffee County Veterans Highway; Coffee County; dedicate ..............................HR 1684 James C. Moore Corridor; dedicate........................................................................HR 292

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COLBERT, CITY OF State highway system; certain portions; dedicate.................................................HR 1513
COLLEGE PARK, CITY OF Levy an excise tax; authorize .................................................................................HB 705 Water and Sewer Authority; create ......................................................................HB 1401 Water and Sewer Authority; create ......................................................................HB 1465
COLQUITT COUNTY Colquitt County Family Connection Collaborative on Children and Families; change membership.....................................................................HB 1292 Public Property; conveyance; 11 counties............................................................ SR 1083
COLUMBIA COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
COLUMBUS, CITY OF Municipal Court; change clerk and marshal compensation .................................HB 1391 Municipal Court; provide municipal court judges shall be elected on a nonpartisan basis.................................................................................................. SB 274
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Alpha Fowler, Junior, Memorial Bridge; Douglas County; dedicate...................HR 1385 Andy Quinney Overpass; Garden City; dedicate .................................................HR 1299 Aubrae Gunderson Memorial Highway; Rockdale County; dedicate..................HR 1769 Bill Cummings Highway; Polk County; dedicate ................................................HR 1949 Bobby Walden Highway; dedicate ...........................................................................HR 31 Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............HR 1893 Charles Thomas Edwards Memorial Bridge; Jasper County; dedicate ................HR 1434 Cody Warren Memorial Highway; dedicate.........................................................HR 1295 Coffee County Veterans Highway; Coffee County; dedicate ..............................HR 1684 Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Deputy Blake Gammill Memorial Highway; Douglas County; dedicate.............HR 1384 Dolph Fuller, Junior Memorial Bridge; Gordon County; dedicate ......................HR 1647 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317 Dual Broadrick Memorial Highway; Whitfield County; dedicate .......................HR 1350 E.R. Bates Memorial Bridge; Cartersville; dedicate ............................................HR 1167 Easterling, Colonel Charles; memorial marker; Camden County; dedicate ........HR 1892 Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163 Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92

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First Sergeant John David Blair Memorial Intersection; Gordon County; dedicate ..............................................................................................................HR 1687
George W. Ford, Junior Interchange; designate .....................................................HR 241 Glenn Brown Memorial Overpass; dedicate ..........................................................HR 607 Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564 Goswick Family Bridge; Murray County; dedicate .............................................HR 1296 H.G. "T" Fulcher Memorial Bridge; Richmond County; dedicate.......................HR 1301 Harry L. Portier Memorial Bridge; Irwin County; dedicate.................................HR 1482 Hinson Mosley Highway; dedicate.........................................................................HR 582 Honorable Hugh D. Sosebee Bridge; Monroe County; dedicate .........................HR 1349 James C. Moore Corridor; dedicate........................................................................HR 292 Joe Bryan Highway; dedicate .................................................................................HR 561 Joe Burton Memorial Highway; DeKalb County; dedicate .................................HR 1108 Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Lake Spivey Parkway; designate............................................................................HR 641 LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate...................HR 1686 Luke Dollar Highway; dedicate..............................................................................HR 739 Mark Burkhalter Parkway; Fulton County; dedicate............................................HR 1685 Millard Fuller Memorial Highway; City of LaGrange; dedicate .........................HR 1147 Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Reverend H.G. Jarrard Memorial Intersection; Hall County; dedicate ................HR 1483 Sergeant D.P. Land Memorial Bridge; dedicate.....................................................HR 441 Sergeant First Class John Beale Hero's Highway; Henry County; dedicate ........HR 1450 Sergeant Jeffery Jordan Memorial Intersection; Floyd County; dedicate ............HR 1712 Sheriff Charles W. Bryant Highway; Cook County; dedicate .............................HR 1996 Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472 SP-5 Harry E. Chesser Memorial Bridge; Brantley County; dedicate .................HR 1479 State highway system; certain portions; dedicate.................................................HR 1513 State Highway System; dedicate certain portions ................................................ SR 1075 T.C. Coogle Memorial Bridge; Oglethorpe County; dedicate .............................HR 1474 Tom Buck Parkway; dedicate.................................................................................HR 584 Trooper Tony M. Lumley Memorial Highway; dedicate.......................................HR 474 Veterans Boulevard; dedicate .................................................................................HR 440 Veterans Memorial Highway; Jenkins County; dedicate .....................................HR 1787 Veterans' Memorial Highway; Peach County; dedicate.......................................HR 1475 Veterans Memorial Highway; Screven County; dedicate ....................................HR 1788 W.F. Gay Memorial Connector; dedicate...............................................................HR 476 Walter Curtis Butler, Junior Memorial Bridge; Morgan County;
near US 278; dedicate ........................................................................................HR 1477 Walter Curtis Butler, Junior Memorial Bridge; Morgan County;
over I-20; dedicate .............................................................................................HR 1478 William Maud Bryant Memorial Highway; Bleckley County; dedicate..............HR 1202

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William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242 Willie Lee Duckworth Highway; Washington County; dedicate.........................HR 1717
COMMEND, ETC. 2008 Child Fatality Review Committee of the Year; commend and invite to House ............................................................................................HR 1345 2010 class of Leadership Sandy Springs; commend ............................................HR 1317 2010 Georgia Cotton Queens; commend..............................................................HR 1666 2010 inaugural class of Leadership Columbia County; commend.......................HR 2174 2012 United States Hispanic Chamber of Commerce National Convention/Business Expo; commend ..............................................................HR 1662 40th Biennial Clergy Laity Congress; commend .................................................HR 2221 4-H Day at the state capitol; February 8, 2010; recognize ...................................HR 1211 8th Global Mural Arts and Cultural Tourism Association Conference; commend............................................................................................................HR 1570 Abel, Emma; commend ........................................................................................HR 1376 Adams, Marquitis; commend ...............................................................................HR 2144 Adams, Reverend Doctor Joanna; retirement; recognize .....................................HR 1799 Addiction Recovery Awareness Day; January 14, 2010; declare ........................HR 1126 Africa Diaspora Day at the state capitol; March 18, 2010; recognize..................HR 1741 Africa Union Day at the state capitol; May 25, 2010; recognize .........................HR 2105 Ahrens, Wendy Michelle; commend ....................................................................HR 1278 Akande, Nicky; commend ....................................................................................HR 1322 Alderman, Honorable Barton; commend..............................................................HR 2155 Alexander High School wrestling team; commend..............................................HR 1875 Alexander, Sarah; commend.................................................................................HR 1698 Alexander; Eplan; Nunn; Hands On Atlanta founders; commend and invite to House ............................................................................................HR 1120 Allen, Regina; commend ......................................................................................HR 2094 Allstate Corporation; Mr. Thomas J. Wilson; commend .....................................HR 2127 Alpha Chi Lambda and the Eta Alpha Chapter of Alpha Phi Alpha Fraternity, Incorporated; commend ...................................................................HR 2073 Alpha Kappa Alpha Day; February 15, 2010; commend .....................................HR 1354 Alpha Phi Alpha Fraternity, Incorporated; commend and invite representatives to House ....................................................................................HR 1398 Alvarado, Doctor Toni; commend .......................................................................HR 1524 Alvarez, Mr. Francisco "Perry", Junior; Alfredo's Italian Restaurant; commend ...........................................................................................................HR 2266 American Diabetes Association Alert Day at the state capitol; May 20, 2010; recognize ...................................................................................HR 2031 American Legion Post 143; 75th anniversary; recognize.....................................HR 1500 American Red Cross Month in Georgia; March 2010; proclaim .........................HR 1510

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American Red Cross Month; March, 2009; recognize and invite representatives to House ......................................................................................HR 608 Amity Lodge #731 of the Free and Accepted Masons; commend ......................HR 2189
Anderson, Dinah; commend .................................................................................HR 1561 Anderson, Mr. Richard A.; commend ..................................................................HR 1567 Anderson, Paul W.; commend ..............................................................................HR 1612 Anderson, Trey; Anderson Construction Company; commend ...........................HR 2000 Andraszek, Robert; commend ..............................................................................HR 1547 Andrews, Rayna J.; commend ..............................................................................HR 1624 Angles, Eleanor; commend...................................................................................HR 1888 Armstrong Atlantic State University; 75th anniversary; commend .....................HR 1242 Armstrong Atlantic State University; 75th anniversary; president;
commend and invite ..........................................................................................HR 1258 Armstrong, Ms. Mia N.; commend.......................................................................HR 1163 Arneson, Mr. Mark E.; National Commander; Sons of the American
Legion; commend ..............................................................................................HR 1431 Arnold, Elana Eurelle; commend .........................................................................HR 1639 Ash, Mr. Robert L. "Bob", Junior; retirement; recognize ...................................HR 2111 Auditory-Verbal Center, Incorporated, The; Debbie Brilling;
commend and invite to House ...........................................................................HR 1119 Auditory-Verbal Center, Incorporated; Debbie Brilling; commend
and invite to House ................................................................................................HR 24 Austin Taylor, Senior, Day in Georgia; designate ...............................................HR 2338 Austin, Ms. Brittany; commend ...........................................................................HR 2197 Axmann, Sarah; commend....................................................................................HR 2138 Ayers, David C.; commend ..................................................................................HR 1637 Ayres, Michael Kenneth; commend .....................................................................HR 1137 Babb, Police Sergeant Robert Joel; retirement; recognize ...................................HR 1665 Bache, William; commend ...................................................................................HR 1887 Back to School Jam in South Fulton County; commend......................................HR 2337 Backus, Mrs. Denise; commend ...........................................................................HR 1370 Bailey, Doctor Susan McGee; retirement; recognize ...........................................HR 1762 Bainbridge-Decatur County Chamber of Commerce; commend .........................HR 2004 Baisden, Mr. Michael; commend .........................................................................HR 1798 Baker, Thurbert; Attorney General for Georgia; commend .................................HR 1947 Bandy, Mr. Ryan; commend.................................................................................HR 2163 Barber, Lynn; commend .......................................................................................HR 1542 Barber, Stacey; commend.....................................................................................HR 1264 Barker, Trevor Allan; commend...........................................................................HR 2116 Barnes, Mr. John; commend.................................................................................HR 2154 Barnett, Sylvester and Patricia; commend; 50th anniversary; recognize .............HR 1673 Barr, Sergeant Charles; commend ........................................................................HR 1506 Baxley, Mr. Ken; commend .................................................................................HR 2121

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Beasley, Cassie; commend ...................................................................................HR 1629 Beasley, Mr. Carl Porter; 30 years of service; commend.....................................HR 2334 Beasley, Mr. G. Duke; 88th birthday; commend..................................................HR 2335 Beasley, Mr. Joe; commend .................................................................................HR 2013 Beasley, Mrs. Ardena; commend .........................................................................HR 2207 Becker, Doctor Mark; commend and invite to House..........................................HR 1718 Beckham, Mr. Gordon; commend and invite to House........................................HR 1261 Benitez, Camilo; commend ..................................................................................HR 1661 Bennett, Andrew; commend .................................................................................HR 1886 Bennett, Mrs. Olivia; commend ...........................................................................HR 2169 Berger, Brittany; commend ..................................................................................HR 1732 Bethany United Methodist Church; 95th anniversary; commend ........................HR 1802 Betty, Kathy; Atlanta Dream owner; commend and invite to House...................HR 1592 Bevens, Stacie Elizabeth; commend.....................................................................HR 2050 Bevino, Mr. Billy L.; condolences .......................................................................HR 1658 Black Doll Affair Social Movement; commend and invite to House ..................HR 1454 Blackburn, Mr. Andy; 2010 STAR Teacher; commend.......................................HR 2329 Blackmon, Tonya J.; commend ............................................................................HR 1630 Blackwater Grill; Saint Simons Island, Georgia; recognize.................................HR 1969 Blairsville Scottish Festival and Highland Games; commend .............................HR 2012 Bleser, Carol; commend .......................................................................................HR 2021 Blum, Connie D.; commend .................................................................................HR 1641 Blumer, Frederick Tanner, Junior; commend.......................................................HR 2237 Bonner, Mrs. Deane; commend ............................................................................HR 2224 Borders, Mr. A. Christopher; commend ...............................................................HR 1961 Boy Scouts of America 100 Years of Scouting Day; February 8, 2010;
recognize............................................................................................................HR 1210 Boy Scouts of America Day at the state capitol; February 11, 2010;
recognize............................................................................................................HR 1409 Boy Scouts of America program; 100th anniversary; commend .........................HR 1362 Boyle, Doctor Stephen; commend and invite to House .......................................HR 1326 Boys and Girls Club Day at the state capitol; March 26, 2010; commend ..........HR 1813 Boys and Girls Clubs of Bartow County; 20th anniversary; commend ...............HR 1819 Boys and Girls Clubs of Georgia's 2010 Youth of the Year; commend ..............HR 1725 Bradshaw, Benjamin Tyler; commend .................................................................HR 2059 Bramblett, Mrs. Kelly; contributions to education; commend .............................HR 2300 Breedlove, Mr. Michael W.; commend and invite to House................................HR 1861 Brigadier General T.R.R. Cobb Camp #97; Sons of Confederate
Veterans; recognize............................................................................................HR 1836 Brock, Mrs. Dawn; commend...............................................................................HR 1389 Bronner, Pastor Nathaniel; commend...................................................................HR 1523 Brooks, Kelsey; commend....................................................................................HR 1874 Broome, Michelle; commend ...............................................................................HR 2080

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Brown Middle School cheerleading squad; commend .........................................HR 1919 Brown, Christian Hope; commend .......................................................................HR 1883 Brown, Mr. Anthony "T." Graham; commend and invite to House.....................HR 1951 Brown, Mr. Charles "Chucky"; commend ...........................................................HR 1859 Brown, Mr. Daryl; commend ...............................................................................HR 1853 Brown, Mr. Michael; commend ...........................................................................HR 1311 Brown, Mr. Michael; commend ...........................................................................HR 2136 Brown, Mr. Michael; Savannah City Manager; retirement; recognize ................HR 2066 Brown, Mr. Roman; commend .............................................................................HR 1936 Brown, Mr. Willie; commend and invite to House ..............................................HR 1862 Brown, Mrs. Mary Hines; 100th birthday; celebrate............................................HR 1232 Brown, Ralph; commend ......................................................................................HR 1562 Brown, Walker Reese; birth; honor......................................................................HR 1989 Broy, Mr. Andrew; commend...............................................................................HR 1605 Bryan, Mr. James H.; commend ...........................................................................HR 1310 Bryant, Ms. Dianne; commend ............................................................................HR 1193 Buckner, Olivia Georganna; 14th birthday; celebrate ..........................................HR 1094 Building Owners and Managers Association-Atlanta Day;
February 22, 2010; recognize ............................................................................HR 1439 Bullock, DeeDee; commend.................................................................................HR 1532 Burkhalter, Honorable Mark; appreciation; express ............................................HR 1204 Burks, Mr. Roy; commend ...................................................................................HR 1178 Burn Awareness Week; February 7-13, 2010; proclaim ......................................HR 1392 Burnham, Mrs. Leigha; 2010 STAR Teacher; commend.....................................HR 2293 Burroughs, Richard Bernard, IV; commend.........................................................HR 1130 Burrus, Ms. Kandi; commend...............................................................................HR 2107 Busbin, Brenna Leeann; commend.......................................................................HR 2079 Business Executives for National Security; Georgia Business Force;
commend and invite to House .............................................................................HR 652 Butler-McIntyre, Mrs. Cynthia M.A.; commend .................................................HR 1596 Byard, Ashley; commend .....................................................................................HR 2092 Cairer, Brittany; Miss Dacula Sweetheart 2009; commend .................................HR 1830 Callaway, Eric; Mr. South 2010; commend .........................................................HR 2323 Cameron, Mr. Joey; commend .............................................................................HR 1854 Camp, Donna; commend ......................................................................................HR 2097 Campbell, Doctor Wilburn A., Junior.; commend ...............................................HR 2278 Campbell, Mr. Larry; commend and invite to House...........................................HR 1656 Canalis, Ms. Janda Kaye; contributions to education; commend.........................HR 2325 Cano, David; commend and invite to the House ....................................................HR 887 Carl Vinson Institute of Government; commend .................................................HR 2173 Carlock, Cadet Jessica; commend ........................................................................HR 1104 Carlyle, Eric, PhD; commend...............................................................................HR 1282 Carpenter, Mr. G. David; commend .....................................................................HR 2129

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Carrollton High School debate team; commend and invite to House ..................HR 1997 Carson, Jerri R.; commend ...................................................................................HR 1614 Carter, Reverend C.L.; commend.........................................................................HR 2333 Cartersville High School varsity baseball team; commend and
invite to House ...................................................................................................HR 1171 Cartmill, Mary; commend ....................................................................................HR 2065 Casteel, Mikaila; commend ..................................................................................HR 1872 Cates, Mr. Paul; commend ...................................................................................HR 2120 Catholic Day at the state capitol; March 10, 2010; recognize..............................HR 1586 Cathy, Mr. Dan T.; commend...............................................................................HR 1927 Central-Carroll High School Marching Band; commend.....................................HR 2204 Csar E. Chvez Day at the state capitol; March 31, 2010; recognize.................HR 1820 Chambers, Methina; commend.............................................................................HR 2033 Chancy, Patrick; commend...................................................................................HR 1566 Chandler, Kathy; commend ..................................................................................HR 2035 Chandler, Mr. Todd; commend ............................................................................HR 1390 Chapman, David L.; commend.............................................................................HR 1619 Charles, Reverend Gary Wayne; outstanding ministry; commend ......................HR 2310 Chatham County Commission; Savannah Economic Development
Authority; Imperial Sugar; commend................................................................HR 1365 Chatham, Haley; commend ..................................................................................HR 1733 Chattahoochee United Methodist Church; 150th anniversary; recognize............HR 2003 Chemistry Section of the GBI's Division of Forensic Sciences; commend .........HR 1241 China Council; recognize .....................................................................................HR 1956 Christian Leadership Academy; Effingham YMCA; commend ..........................HR 1149 Chroeng, Amy; commend.....................................................................................HR 1871 Citizens Bank of Swainsboro 2009-2010 Student Advisory Board;
commend............................................................................................................HR 2168 City of Port Wentworth; named Purple Heart City; congratulate ........................HR 2316 Civil Air Patrol; commend and invite members to House ...................................HR 1765 Civil Air Patrol; service to Georgia; recognize ....................................................HR 1777 Clark, Mr. Wilson Burford, Junior; commend .....................................................HR 1366 Clarke Central High School football team; congratulate ....................................HR 1808 Clergy Day at the state capitol; March 9, 2010; recognize ..................................HR 1511 Clouatre, Symon Drew; commend .......................................................................HR 2053 Cochran, Mr. Tom; commend ..............................................................................HR 2229 Coker, James E. and Kaye Hames; 40th wedding anniversary; recognize ..........HR 1303 Colberg, Claire Mai; commend ............................................................................HR 1699 Colbert, Amanda Elizabeth; commend.................................................................HR 2048 Cole III, Honorable James "Jim" Malcolm; commend.........................................HR 2336 Collins Hill High School softball team; commend and invite to House ..............HR 1324 Collins Hill High School wrestling team; commend and invite to House ...........HR 1327 Collins Hill High School wrestling team; congratulate........................................HR 1968

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Collins, Lauren; 2010 STAR Student; commend.................................................HR 2292 Collins, Ms. Sharon D.; commend .......................................................................HR 1800 Columbia County 9-1-1 Center; employees; commend .......................................HR 2016 Columbia County Youth Leadership; commend and invite members
to House .............................................................................................................HR 1259 Columbia High School's boys and girls basketball teams; commend ..................HR 1801 Columbus Day at the state capitol; March 18, 2010; recognize...........................HR 1679 Community Clean-up to Green-up Day; commend..............................................HR 1907 Community Health Centers Day; February 11, 2010; recognize .........................HR 1363 Conine, Mr. James L.; commend..........................................................................HR 1568 Connelly, Robert Alexander; commend ...............................................................HR 2242 Conner, Miss Whitney Leah; 2010 Georgia Watermelon Queen;
commend............................................................................................................HR 1505 Consumer Advocacy Group; Customer Satisfaction Network; recognize ...........HR 1763 Cook, Heather Jones; commend ...........................................................................HR 1279 Cordele-Crisp County Fish Fry; recognize...........................................................HR 1229 Coronel, Jenny; commend ....................................................................................HR 1558 Correll, Mr. A.D. "Pete"; commend and invite to House.....................................HR 1764 Corrigan, Mrs. Marie; Georgia Mother of the Year; congratulate .......................HR 1749 Corry, Doctor Larry; commend and invite to House............................................HR 1323 Council on Aging; District 44 Senior Citizens Day; March 10, 2010;
recognize............................................................................................................HR 1587 Cowart, Mr. Travis; commend .............................................................................HR 2124 Cox, Bobby; commend and invite to House.........................................................HR 1518 Cox, Bobby; commend and invite to House.........................................................HR 1945 Cox, Devin Hawkins; commend...........................................................................HR 2239 Cox, Ms. Gwen Marie Martin; commend.............................................................HR 1965 Craft, Tommy; commend .....................................................................................HR 1280 Cramer, Rachel; commend ...................................................................................HR 1731 Crank, Connor Reed; commend ...........................................................................HR 1746 Crawford, Nichole; commend ..............................................................................HR 1560 Crime Victims' Rights Week at the state capitol; April 18-24, 2010;
recognize............................................................................................................HR 2149 Crudup, Alisa; commend ......................................................................................HR 1559 Cub Scout Pack 3052; commend..........................................................................HR 1602 Cuddy, Mr. Dave; commend ................................................................................HR 1314 Currington, Mr. Billy; commend..........................................................................HR 2283 Curry, McKennah; commend ...............................................................................HR 1373 Curtis, Ms. Eloise Kay; commend........................................................................HR 2233 Dacula High School; 100th anniversary; commend .............................................HR 1986 Dalton-Whitfield Chamber of Commerce; commend ..........................................HR 2085 Dancu, Eric Finlayson; commend ........................................................................HR 2240 Daughtry, William; commend ..............................................................................HR 2081

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6168

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Davis, Mr. Desse Ervin; commend.......................................................................HR 1503 Davis, Mr. Jessie; commend.................................................................................HR 1848 Davis, Mrs. Ruby Watson; 100th birthday; celebrate ..........................................HR 1668 Dawson, Mr. Wendell T.; commend ....................................................................HR 2258 Day, Dean Burke; birth; honor .............................................................................HR 1604 Day, Honorable Burke; Retirement; Georgia House of Representatives;
recognize............................................................................................................HR 2068 Day, Honorable Representative Burke; commend ...............................................HR 2043 Decell, Ms. Jacquelyn S.; retirement; commend .................................................HR 1804 DeCotis, Doctor John; commend..........................................................................HR 1579 DeGrandis, Mr. Joseph; commend .......................................................................HR 1885 DeJan, Talein; commend ......................................................................................HR 1535 DeKalb County Board of Education & DeKalb County Board
of Commissioners; commend ............................................................................HR 2253 Del Valle, Teresa; commend ................................................................................HR 2098 DeLargy, Doctor Paul; commend.........................................................................HR 2228 Delta Day at the state capitol; March 1, 2010; recognize.....................................HR 2262 Delta Team; Paulding County High School JROTC Raider Regiment;
commend and invite to House ...........................................................................HR 1123 Denmark, Doctor Leila; 112th birthday; celebrate...............................................HR 1678 Denson, Thornton John; commend.......................................................................HR 2241 Derochers, Luke; commend..................................................................................HR 1372 Desselle, Gwen; commend ...................................................................................HR 1495 Desselle, Mrs. Gwen; 2010 Georgia Teacher of the Year; commend
and invite to House ............................................................................................HR 1488 Destiny Academy of Excellence; commend.........................................................HR 1740 Devereux United Methodist Church; 100th anniversary of sanctuary;
commend............................................................................................................HR 2289 Dewberry, Mr. John K.; commend .......................................................................HR 1578 Dialysis Patient Citizens; Georgia Dialysis Day; March 3, 2010;
recognize............................................................................................................HR 1512 Dillon, Mr. Mike; commend and invite to House ................................................HR 1413 Do, Holy; commend..............................................................................................HR 2141 Donaldson, Dana Michelle; commend .................................................................HR 2055 Dooley; Mrs. Kelly; 2010 STAR Teacher; commend..........................................HR 2328 Dorner, Stephen Christopher; commend ..............................................................HR 1631 Downer-McKinney, Denise; commend................................................................HR 2270 Downs, Mr. John H., Junior; commend................................................................HR 1904 DuBose, Mr. Edward O.; commend .....................................................................HR 1426 Dugan, Mark; commend .......................................................................................HR 1555 Duke, Mr. Donald; commend ...............................................................................HR 2008 Duncan, First Sergeant Earl; commend................................................................HR 2152 Dunlap, Shelley; commend...................................................................................HR 2023

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6169

Dupree, Mr. David M.; commend and invite to House ..........................................HR 587 Dye, Mr. Jerry B.; commend ................................................................................HR 2074 Dyess, Robert M., Junior; honor...........................................................................HR 1959 Dyess, Robert M., Junior; honor and invite to House ..........................................HR 1772 Eagle Scouts of Troop 47 from Newnan, Georgia; commend
and invite to House ............................................................................................HR 1348 Early County 2055; Birdsong Peanut Company; commend.................................HR 1569 Earth Hour; Saturday, March 27, 2010, from 8:30 P.M. to 9:30 P.M.;
recognize............................................................................................................HR 1364 East Paulding High School Air Force Junior Reserve Officers
Training Corp Drill Team; commend ................................................................HR 1910 Easterwood, Reverend Ralph; retirement; recognize ...........................................HR 1906 Ebersole, W. Daniel; commend ............................................................................ SR 1339 Ebersole, W. Daniel; commend and invite to House............................................HR 1863 Eckert, Mr. Michael J.; commend ........................................................................HR 2332 Ector, Mrs. Claretha Smithers; commend ............................................................HR 2071 Edwards, John; commend.....................................................................................HR 1391 Edwards, Ms. Yvonne; commend.........................................................................HR 1851 Effingham County Day at the Capitol; January 25, 2010; recognize...................HR 1148 Effingham County Hussars Chapter 2285; 50th anniversary; recognize .............HR 1708 Efird, Betty and Mike; commend .........................................................................HR 1419 Ehlers, Preston William; commend ......................................................................HR 1745 Ehrhart, Earl "Quentin" Day, V; commend ..........................................................HR 1396 Eidson, Mandy; commend ....................................................................................HR 1697 Elliot, John Preston; commend .............................................................................HR 1135 Emergency Management Agencies of Georgia; commend and
invite to House ...................................................................................................HR 1189 Emergency Medical Services (EMS) Week; recognize ......................................HR 1428 Emergency Medical Services Recognition Day; February 18, 2010;
recognize............................................................................................................HR 1427 English, Doctor Carolyn McAdams; commend ...................................................HR 1337 Equine Youth Day at the state capitol; February 10, 2010; recognize.................HR 1161 Erassa, Kirubel; commend....................................................................................HR 2263 Ertzberger, Morgan Paige; commend...................................................................HR 2064 Erwin, R.L. & Helen; 70th wedding anniversary; recognize ...............................HR 1674 Esco, Terry; police chief of Braselton, Georgia; commend ................................HR 1461 European Union; Europe Day; May 9, 2010; recognize ......................................HR 2088 Evans, Mrs. Willie Mae; 100th birthday; recognize.............................................HR 1466 Evansdale Elementary School; commend ............................................................HR 1201 Everson, Ms. Danielle V.; commend....................................................................HR 2188 Exley, Preston G. and Mary Agnes Snooks; 50th wedding anniversary;
commend............................................................................................................HR 1199 Fagler, Captain Mike; commend ..........................................................................HR 1096

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6170

INDEX

Faith and Clergy Commission; Board of Directors; commend ............................HR 2339 Famodou-lo, Nsombe; commend .........................................................................HR 2022 Fannin County; Georgia; Trout Capital of Georgia; recognize ...........................HR 1773 Farley, Andrea; commend ....................................................................................HR 1556 Fearnow, Mrs. Kim; commend and invite to House ............................................HR 1895 Feng, Xie; Chinese Minister; commend and invite to House...............................HR 1291 Ferrell, Ms. Sandra; commend .............................................................................HR 2211 Ficklin, Reverend Henry Clay; 31st pastoral anniversary; recognize ..................HR 1185 Fielding, Candida; commend................................................................................HR 1884 Finch, Mrs. Kate; commend .................................................................................HR 2170 Finley, Deputy Chief Ernest; police service; commend and
invite to House ...................................................................................................HR 1118 Finley, Major Ernest; police service; commend and invite to House...................HR 1122 Finley, Mrs. Annette; retirement; recognize.........................................................HR 1811 Firefighters of Georgia; 38th annual Firefighters' Recognition Day;
commend............................................................................................................HR 1157 Floor, Kayla; commend ........................................................................................HR 1321 Food Service Industry Day; February 2, 2010; declare........................................HR 1223 Ford, D'aia; commend...........................................................................................HR 1618 Ford, Mr. Clifton; commend.................................................................................HR 1849 Fort Oglethorpe Fire and Rescue; commend .......................................................HR 1195 Frame, Jennifer; commend ...................................................................................HR 2142 Franklin County Middle School Technology Student Association;
commend............................................................................................................HR 1970 Fripp-Vincent; Doctor Vikisha; commend ...........................................................HR 1821 Fristoe, Jamie Stephen, Junior; commend ............................................................HR 2150 Frye, Zac; commend .............................................................................................HR 1269 Fulkerson, Thomas Bradley, IV; commend..........................................................HR 1138 Furtick, Henry; commend.....................................................................................HR 2187 Fussell, Jad Thomas; commend............................................................................HR 1184 Gabianelli, Eugene Joseph; commend..................................................................HR 2132 Gallego, Francis Bonnevie; commend..................................................................HR 2147 Gambrell, Allen; commend ..................................................................................HR 1266 Gambrell, Anna; commend...................................................................................HR 1285 Gandy, Winshanai; commend...............................................................................HR 2318 Gann, Brittany Sumner; commend .......................................................................HR 1633 Garcia, Mr. Rob; commend ..................................................................................HR 1338 Garner, Doctor Cyler D.; commend .....................................................................HR 1727 Gaskin, Lieutenant General Walter E.; commend................................................HR 1918 Gates, Mr. Reginald "Ray Ray"; commend..........................................................HR 1850 Gatewood Lady Gators basketball team; commend and invite to House.............HR 1491 Gay, Barbara & Richard; commend .....................................................................HR 1675 Gay, Hunter Evans; commend..............................................................................HR 1228

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6171

Gay, Ms. Pat; retirement; recognize .....................................................................HR 1429 Geiger, Laura & Walter; commend ......................................................................HR 1472 Generals; strong position on "don't ask, don't tell" policy; commend....................HR 580 George Walton Academy Band; commend ..........................................................HR 1929 George Walton Academy football team; commend and invite to House.............HR 1941 George Walton Academy wrestling team; commend and invite to House ..........HR 1937 Georgia Academy of Audiology Day; commend and invite
representatives to the House ..............................................................................HR 1343 Georgia Association of Educators; commend ......................................................HR 1791 Georgia Census Week; March 8 through 14; declare; urge residents
to participate ......................................................................................................HR 1234 Georgia Center for Child Advocacy; commend ...................................................HR 2113 Georgia Citizens' Coalition on Hunger; Up and Out of Poverty Now!;
commend............................................................................................................HR 1330 Georgia Commission on Family Violence; commend .........................................HR 1751 Georgia Council on Aging; District 44 Senior Citizens Day;
February 24, 2010; recognize ............................................................................HR 1467 Georgia Farm Bureau Federation; commend .......................................................HR 1159 Georgia farmers; challenge agriculture organizations to promote
sustainability; commend ....................................................................................HR 2115 Georgia Great Steak Cook-off; Jeff Davis County; recognize.............................HR 2264 Georgia Green Industry Association; commend ..................................................HR 1160 Georgia Hispanic Chamber of Commerce; commend..........................................HR 1095 Georgia Institute of Technology Day at the capitol; February 9, 2010;
recognize............................................................................................................HR 1287 Georgia Institute of Technology; commend.........................................................HR 1583 Georgia Law Enforcement Command College; founders; establishment;
recognize............................................................................................................HR 2201 Georgia Lions Lighthouse Foundation; recognize ...............................................HR 1991 Georgia Peach Festival; commend and invite 2010 Georgia
Peach Queens to the House................................................................................HR 1328 Georgia Perimeter College; Atlanta Center for Civic Engagement;
Service Learning; recognize ..............................................................................HR 1381 Georgia Rides to the Capitol Day; March 23, 2010; declare ...............................HR 1690 Georgia Southern University Center for Addiction and Recovery;
commend............................................................................................................HR 2206 Georgia State Defense Force; commend ..............................................................HR 1932 Georgia State Patrol Post 19; commend ...............................................................HR 1597 Georgia State University College of Law Moot Court Team; commend.............HR 2299 Georgia State University Day at the state capitol; March 30, 2010;
recognize............................................................................................................HR 1797 Georgia State University's Legislative Health Policy Certificate
Program; commend and invite to House ...........................................................HR 1939

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INDEX

Georgia Statewide Coalition on Blindness; January 13, 2010; Blindness Day; recognize ..................................................................................HR 1102
Georgia Tech Yellow Jackets football team; 2009; commend.............................HR 1207 Georgia USGA women's golf team; commend and invite to House....................HR 1218 Georgia Writers Hall of Fame; commend ............................................................HR 2257 Georgia Young Republican 2013 Committee for the Young
Republican National Convention; recognize ....................................................HR 1981 Georgia's Day of Remembrance of the Armenian Genocide;
April 24, 2010; recognize ..................................................................................HR 2254 Georgia's political bloggers; commend ................................................................HR 1924 Georgia's political bloggers; commend and invite to House ................................HR 1894 Georgia's power linemen; commend ....................................................................HR 1964 Georgia's public school psychologists; commend................................................HR 1722 Gerrald, Terry; 2009 Vidalia Onion Grower of the Year; commend ...................HR 1728 Geurin, Mrs. Irene; 100th birthday; celebrate ......................................................HR 1121 Gilbert, Ms. Andrea Allison; commend ...............................................................HR 1577 Gilmer High School wrestling team; Class AAA State Championship
title; congratulate ...............................................................................................HR 1689 Girl Scout Day at the state capitol; March 12, 2010; recognize...........................HR 1497 Girls and Women in Sports Day; February 3, 2010; recognize ..........................HR 1260 Gitgood, Sergeant Jordan; commend....................................................................HR 1196 Glanville, Evan Victor; commend ........................................................................HR 2245 Glenn, Mr. Mike; commend and invite to House .................................................HR 1898 Godfrey, Coach William "Buck"; commend ........................................................HR 1805 Goldman, Matthew David; commend ..................................................................HR 2148 Gordon United Methodist Church; commend ......................................................HR 1133 Gostin, Leslie; commend ......................................................................................HR 1734 Grady High School Mock Trial Team; 2010; commend......................................HR 1807 Grayson, Mrs. Helen; commend...........................................................................HR 1750 Greater Atlanta Christian School boys' basketball team; commend
and invite to House ............................................................................................HR 1719 Green, Brandy; commend.....................................................................................HR 2090 Green, Conner; commend.....................................................................................HR 1580 Green, Doctor Valeria Tate; commend.................................................................HR 1530 Green, Ms. Ivy J.; service to State of Georgia; commend....................................HR 2313 Greens, Lee & Gordon; commend........................................................................HR 2114 Gresham, Emma; Mayor of Keysville; commend and invite to House................HR 1867 Griffin Lodge #1207; Benevolent and Protective Order of Elks;
recognize............................................................................................................HR 1607 Griffin, Jerry R.; commend...................................................................................HR 1244 Grits Caf; commend............................................................................................HR 1335 Grizzle, Miss Erin; winning the Miss United States Pageant; commend.............HR 1209 Gross, Mrs. Sallie Mae; 80th birthday; celebrate .................................................HR 2171

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6173

Guest, Heather Kay; commend.............................................................................HR 2046 Gunby, Mr. Edward Cooper; commend ...............................................................HR 1752 Hadley, Walter Reed, Junior; commend and invite to House ..............................HR 1235 Hair Loss Summit Day in Georgia; February 20, 2010; recognize .....................HR 1417 Hale, Reverend Doctor Cynthia L.; commend .....................................................HR 1208 Hale, Reverend Doctor Wimbley, Junior; commend ...........................................HR 1509 Hall, Doctor David; president; University of the Virgin Islands;
commend............................................................................................................HR 1395 Hall, Mr. Johnny; commend .................................................................................HR 2015 Hambert, Lieutenant Mark; commend..................................................................HR 1221 Hambie, Chris; Mr. Sophomore South 2010; commend ......................................HR 2319 Hambrick, Roxanne; commend ............................................................................HR 1632 Hamilton, Ms. Susan Saleska; commend .............................................................HR 2158 Hancock, Specialist Vincent; commend and invite to House.................................HR 230 Hankerson, Mr. David; commend ........................................................................HR 1331 Harper, Vance; Nick's Barbershop; 20th anniversary; commend ........................HR 1250 Harris, C.J.; commend ..........................................................................................HR 1526 Harris, Marques; commend ..................................................................................HR 1696 Harris, Mr. Charlie Frank; commend ...................................................................HR 1408 Harrison, Mr. David E.; commend .......................................................................HR 1876 Hart, Ms. Carolyn Lee; retirement; commend......................................................HR 2301 Hartsfield-Jackson International Airport; world's most efficient;
commend..............................................................................................................HR 676 Hartt, Ashley; commend.......................................................................................HR 1634 Hasan Shriners Barbeque Festival; qualifier; recognize ......................................HR 1356 Hatfield, Chief G.B.; commend............................................................................HR 2109 Hathaway, Mr. Ken; commend.............................................................................HR 1099 Hawkins, Bishop Gary; commend........................................................................HR 1531 Head, Mr. Tom; commend ...................................................................................HR 1092 Heard, Mr. Thad Reye; commend ........................................................................HR 1847 Heath, Joshua M.; commend ................................................................................HR 1617 Heckel-Jones, Cedric A.C.; commend..................................................................HR 2246 Hector, Doctor Henry J.; commend......................................................................HR 1934 Heidenreich, Clark; commend ..............................................................................HR 1176 Henderson, Mr. Lawrence; commend ..................................................................HR 1852 Hendrix, Mrs. Georgianna S.; commend..............................................................HR 2287 Hendry, Isabella; commend ..................................................................................HR 1692 Hennen, Laurie Ann; commend............................................................................HR 1620 Higginbottom, Mr. William Ray; commend ........................................................HR 1845 Hill, Marian; commend.........................................................................................HR 1539 Hitchens, Colonel William "Bill", Junior; commend ...........................................HR 1911 Holcomb, Noel Z.; retirement; congratulate and invite to House ..........................HR 222 Holcombe, Mr. Ed; commend ..............................................................................HR 2261

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6174

INDEX

Holden, Samantha; commend...............................................................................HR 1271 Holman, Mr. Grady, Junior; commend.................................................................HR 1756 Holston, Reverend Robert L.; 40th pastoral anniversary; recognize....................HR 1837 HomeTown Health; Georgia's rural hospitals; commend and
invite to House ...................................................................................................HR 1289 Honor Flight of Northwest Georgia; Georgia's World War II
veterans; commend ............................................................................................HR 2220 Hopkins, Doctor Jamal; commend .......................................................................HR 1533 Horford, Al; Atlanta Hawks; commend ...............................................................HR 2294 Horton, Herb; Gilmer High School's Coach; commend.......................................HR 1828 Hosey, Mr. Ashley B.; commend .........................................................................HR 2231 Hotel Indigo; Athens; commend...........................................................................HR 1393 House Interns; 2010; Regular Session; commend................................................HR 2153 Houston, Hobson "Hobby" Ware; birth; celebrate ..............................................HR 2018 Houts, Ashley; commend and invite to House .....................................................HR 1490 Howard, Mr. Mike; commend ..............................................................................HR 2122 Howard, Sonja; commend ....................................................................................HR 2020 Howell, Elizabeth; commend ...............................................................................HR 1693 Huckaby; Justin Terrell; commend.......................................................................HR 2247 Hudalla, Mr. Ray; commend ................................................................................HR 2180 Hungary Day; February 12, 2010; recognize and invite ambassador
to House .............................................................................................................HR 1290 Hunt, Reverend Doctor Johnny M.; commend.....................................................HR 1680 Hutcheson Medical Center Laboratory; Lab Week; April 18-24, 2010;
recognize............................................................................................................HR 1599 Inman, Miss Victoria; commend ..........................................................................HR 2118 Interior Design Day at the state capitol; January 26th, 2010; recognize..............HR 1172 International Campaign for Victory Over Violence Day; April 27, 2010;
recognize............................................................................................................HR 2194 International Dance Commission; commend .......................................................HR 2280 Irvin, Commissioner Tommy; commend and invite to House .............................HR 1455 Jackson, LeDasha; Miss Junior South 2010; commend .......................................HR 2308 Jackson, Mr. Eli "Hooke", III; 100th birthday; honor ..........................................HR 1983 Jackson, Mrs. Mae Willie; 100th birthday; celebrate...........................................HR 1200 Jackson, Ms. Jo Ann; retirement; commend.........................................................HR 2305 Jackson, Ms. Luvenia Wright; commend .............................................................HR 2167 Jackson, Ms. Roslyn "Pat"; commend..................................................................HR 1245 Jacobs, Garrett Michael; commend ......................................................................HR 2248 Jaudon, Ms. Patricia; commend............................................................................HR 2123 Jelley, Mr. Matt; commend...................................................................................HR 1868 Jenkins-Miller, Minnie; retirement; commend.....................................................HR 2302 Jeris, Keith Colton; commend ..............................................................................HR 2083

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6175

John Marshall Law School; faculty; students; staff; board chairman; commend............................................................................................................HR 2202
Johnson, Gail McGill; commend..........................................................................HR 2268 Johnson, Jennifer Nichole; commend...................................................................HR 1628 Johnson, Joe; Atlanta Hawks; commend..............................................................HR 2285 Johnson, Mr. Cedric J.; commend ........................................................................HR 1463 Johnson, Mr. Forest, Senior; condolences............................................................HR 1469 Johnson, Mr. Frank; commend .............................................................................HR 2226 Johnson, Mr. Tharon L.; commend ......................................................................HR 1923 Johnson, Mr. Willie Joe; commend ......................................................................HR 1857 Johnson, Ms. Ruby; commend .............................................................................HR 1846 Johnson, Nichole; commend.................................................................................HR 2139 Johnson, Paul; commend and invite to House......................................................HR 1864 Johnson, Reverend Andrew; 35th pastoral anniversary; commend .....................HR 1870 Johnson, Robert; commend ..................................................................................HR 1175 Johnson, Terry Mark; TJ and Friends Foundation, Incorporated;
commend............................................................................................................HR 1422 Jones, Mr. Anthony "Tony"; commend................................................................HR 2030 Jones, Phillip Micah; commend............................................................................HR 1375 Jones, Reverend Michael A.; 55th pastoral anniversary; recognize.....................HR 1499 Jones, Reverend Warren L.; commend and invite to House ................................HR 1452 Jones, Wyatt Matthew; commend ........................................................................HR 1136 Jordan, Hayden; commend ...................................................................................HR 1367 Jordan, Mrs. Julie; recognize................................................................................HR 2076 Junior Leagues of Georgia; commend and invite members to House..................HR 1489 Kagame, Honorable H.E. Paul; commend............................................................HR 2160 Kahn, Adam Nathan; commend ...........................................................................HR 2252 Kaiser Permanente; Downtown Decatur Medical Office; commend ..................HR 1224 Keebler, John; commend ......................................................................................HR 1552 Keen, Honorable Jerry; retirement from House of Representatives;
commend............................................................................................................HR 2177 Keenan, Vernon; Georgia Bureau of Investigation Director; commend..............HR 1603 Keep Georgia Beautiful program; 77 local affiliates; commemorate .................HR 1150 Keep Georgia Safe; Keep Georgia Safe Alert Network; commend .....................HR 1709 Kelly, Mr. Dennis; commend ...............................................................................HR 1151 Kennedy, Mr. Alan; commend .............................................................................HR 1371 Kennesaw, Georgia; tragic shooting; first responders; heroic actions;
recognize ...........................................................................................................HR 1142 Kicklighter, Kella L.; commend ...........................................................................HR 1610 Kimball, Cassandra; commend.............................................................................HR 1818 King, Mr. Ross; new position; congratulate .........................................................HR 2104 Kinney, Mr. Christopher Allen; commend...........................................................HR 2196 Knight, Mr. Erwin L.; commend ..........................................................................HR 2027

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6176

INDEX

Knowles, Mr. Ralph; commend............................................................................HR 1780 Kupets, Ms. Courtney; Collegiate Woman Athlete of the Year;
congratulate........................................................................................................HR 1336 LaFayette First United Methodist Church; commend ..........................................HR 1935 Lake Chapel Primitive Baptist Church; Appling County; commend...................HR 1141 Landtroop, Mark; commend .................................................................................HR 2140 Lane, Honorable Bob; commend..........................................................................HR 2130 Lane, Honorable Roger B.; commend ..................................................................HR 1456 Lanier, Joseph M.; commend ...............................................................................HR 1273 Lank, Ms. Michelle Smith; commend and invite to House..................................HR 1344 Lapidus, Rabbi Loren Filson; commend ..............................................................HR 1536 Laur, Ben; commend ............................................................................................HR 1691 Law Day; May 1, 2009; recognize .........................................................................HR 677 "Lawmakers"; 40th season; commend and invite to House .................................HR 1416 Lawrence, Belinda B.; commend .........................................................................HR 1272 Lawrence, Mr. Jerome; commend ........................................................................HR 1858 Leach, Doctor Sonji; commend ............................................................................HR 1283 Leadership Paulding 20; commend ......................................................................HR 1131 League of Women Voters of Georgia; 90th anniversary; commend....................HR 1793 Leavell, Mrs. Sandra Tookes; 50th birthday; celebrate........................................HR 2106 LeClair, Doctor Bruce Merrill; commend ............................................................HR 2179 LeCroy, Emma Catherine; commend ...................................................................HR 2056 Lee, Chia-chi; commend.......................................................................................HR 1621 Lee, Pastor Eric Wendell; commend ....................................................................HR 1520 Lee, Tien; commend .............................................................................................HR 1644 Levine, Doctor David L.; Distinguished Older Georgian; commend
and invite to House ..............................................................................................HR 321 Lewis, Mr. Thomas C.; commend ........................................................................HR 1960 Lighthouse Lymphedema Network; commend ....................................................HR 1758 Lindbergh, Mr. Erik R.; commend .......................................................................HR 2198 Links Day at the state capitol; March 10, 2010; recognize ..................................HR 1498 LISTA Hispanic Empowerment Month; April, 2010; recognize .........................HR 2172 Lively, Sarah Kaye; 2010 STAR Student; commend...........................................HR 2331 Lockhart, Reverend Benjamin, Junior; commend ................................................HR 1721 Lockhart, Reverend Benjamin, Junior; commend ................................................HR 1953 Loganville High School wrestling team; commend and invite to House.............HR 1383 Logue, Clara; commend........................................................................................HR 1312 Loudermilk, Miss Sara Christiana; commend ......................................................HR 1930 Love, Francis McIntire; commend .......................................................................HR 2249 Love, Walter Barrow; commend ..........................................................................HR 2232 Lovett, Chief Willie C.; Chief of Police; Savannah-Chatham; commend ...........HR 1468 Lovett, Chief Willie C.; commend .......................................................................HR 1992 Lundy, Doctor Douglas W.; commend.................................................................HR 2128

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6177

Lupus Awareness Day at the state capitol; February 17, 2010; declare...............HR 1444 Lyles, Christine; commend...................................................................................HR 1880 Maddox, Bonnie; commend .................................................................................HR 1554 Major, Kimberly Michelle; commend ..................................................................HR 2047 Malcolm, Kirkland Douglas; commend ...............................................................HR 1742 Mallory, Daniel Lewis; commend ........................................................................HR 2011 Malone, Mrs. Catherine "Cathy"; commend ........................................................HR 1879 Mantella, Mr. Tino; commend..............................................................................HR 2255 March of Dimes Georgia Chapter Day; March 23, 2010; commend
and invite to House ............................................................................................HR 1771 March of Dimes; recognize ..................................................................................HR 1955 Marchand, Mr. Doug J.; retirement; recognize ....................................................HR 1404 Marcus, Mr. Bernie; commend.............................................................................HR 1903 Marcus, Reverend Doctor Kenneth E.; commend................................................HR 2190 Marks, Reverend Jack; commend.........................................................................HR 1557 Martin, Pastor Ben C.; commend .........................................................................HR 1707 Martin, Stephanie; commend................................................................................HR 1613 Mason, Gloria W.; commend ...............................................................................HR 1284 Massey, Mr. Chandler; commend.........................................................................HR 2125 Matthews, Benjamin Lewis; commend ................................................................HR 2052 Maxwell, Judy; commend.....................................................................................HR 1549 May, Mrs. Patricia; commend ..............................................................................HR 1881 McAbee, Coach Clint; commend .........................................................................HR 1442 McAfee, Mr. Jim; commend.................................................................................HR 2282 McCauley, Sarah; commend.................................................................................HR 1465 McCauley, Sarah; commend.................................................................................HR 2315 McCollam, Doctor Stephen M.; commend ..........................................................HR 1318 McCormack, Ty; USATF Junior Olympics Cross Country Gold
Medalist; commend............................................................................................HR 1220 McCoughtry, Ms. Angel; 2009 WNBA Rookie of the Year;
commend and invite to House ...........................................................................HR 1593 McElhaney, Mr. Kevin; commend .......................................................................HR 2186 McElhenney, Christi; commend ...........................................................................HR 1551 McGlade, Patrick; commend ................................................................................HR 1999 McHugh, Chris; commend ...................................................................................HR 2184 McKenzie, Sabrina; commend .............................................................................HR 1525 McKittrick, Doctor P. Douglas; commend...........................................................HR 1966 McLane, Honorable H. Arthur "Mac"; commend ................................................HR 1252 McLeod, Laura Lyn; Miss University of Georgia 2010; commend.....................HR 1667 McMillan, Doctor Elridge W.; commend and invite to House ............................HR 1298 Meadors, Coach Marynell; 2009 WNBA Coach of the Year;
commend and invite to House ...........................................................................HR 1594 Meeks, Erin Elizabeth; commend.........................................................................HR 2058

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6178

INDEX

Mendum, Ms. Reita; commend ............................................................................HR 2178 Merriam, George Capron, IV; commend..............................................................HR 1748 Methadone Treatment Awareness Day at the state capitol; March 5, 2010;
declare ................................................................................................................HR 1164 Metts, Doctor James C., Junior; commend...........................................................HR 1197 Meyers, Elana; American Olympian; commend and invite to House ..................HR 1896 Mikkilinen, Doctor Hyma Vati; commend...........................................................HR 1529 Mikszan, Laura; World Campus Day; May 15, 2010; recognize.........................HR 2191 Miller, Lexie; commend .......................................................................................HR 1388 Mills, Ms. Jeanne; commend ................................................................................HR 1926 Milton High School boys basketball team; commend and invite to House .........HR 1975 Milton High School girls lacrosse team; commend and invite to House ...............HR 781 Minton, Ms. Joan; retirement; commend..............................................................HR 2304 Mitchell, Mr. Julius; commend.............................................................................HR 1855 Mixon, Cynthia; commend ...................................................................................HR 1543 Mixon, Cynthia; commend ...................................................................................HR 1544 Mock, Andrew J.; commend.................................................................................HR 1616 Mombeleur, Mr. Yves; commend.........................................................................HR 1187 Monroe County Retired Educators Association; commend .................................HR 1726 Monroe County, Georgia; Public Safety Capital of Georgia; recognize..............HR 1982 Monticello First United Methodist Church; commend ........................................HR 1582 Monts, Mr. Anthony; commend ...........................................................................HR 1834 Moore, Barbara; commend ...................................................................................HR 1281 Moore, DeAnna T.; commend ..............................................................................HR 1276 Moore, Ginger; commend.....................................................................................HR 1548 Moore, Katelyn; commend ...................................................................................HR 1270 Morey, Jorge E. Roman; Peruvian Consul General; commend............................HR 1705 Morgan, J. Tom; commend and invite to House ..................................................HR 2040 Morgan, Mary; commend .....................................................................................HR 1643 Morgan, Michael; commend.................................................................................HR 2303 Morgart, Gail; commend ......................................................................................HR 2181 Morgart, Gail; commend and invite to the House ................................................HR 2159 Morris, Derrielle; commend .................................................................................HR 2137 Morse, William Richard; commend .....................................................................HR 2235 Moss, Pastor Marvin; commend...........................................................................HR 1522 Mount Nebo United Methodist Church; 150th anniversary; commend ...............HR 1369 Mount Olive Baptist Church; commend...............................................................HR 1922 Mountford, Alexander Collins; commend............................................................HR 2010 Murphy, Thomas B.; official portrait; provide ceremony; honor.........................HR 1481 Murray, Jamie; commend .....................................................................................HR 1553 Myers, Elaine; commend ......................................................................................HR 2340 NAACP Month; February; recognize...................................................................HR 1240 Napier, Lindsey; commend...................................................................................HR 2290

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6179

Napolitano, Janet; United States Department of Homeland Security Secretary; commend ..........................................................................................HR 1174
Nash, Cynthia B.; Liberian Consul General; commend .......................................HR 1779 National Day of Prayer; May 6, 2010; recognize.................................................HR 2087 National Day of Prayer; recognize .......................................................................HR 2157 National Federation of Independent Business in Georgia; commend ..................HR 1198 National Health Museum; recognize ....................................................................HR 1341 National Rural Electric Cooperative Association; commend...............................HR 1441 National Sorority of Phi Delta Kappa, Incorporated, Day;
February 17, 2010; recognize ............................................................................HR 1425 National Wear Red Day; February 5, 2010; recognize ........................................HR 1302 Nelson, Jared Hankins; commend ........................................................................HR 2078 Nelson, Joseph D.; commend ...............................................................................HR 2126 Netherlands Day at the state capitol; February 23, 2010; recognize....................HR 1257 Netherlands Day at the state capitol; February 23, 2010; recognize....................HR 1368 Nettles, Ms. Jennifer; commend and invite to House ..........................................HR 1860 New Providence Baptist Church; 140th anniversary; commend..........................HR 1775 New, Brittany; commend......................................................................................HR 2162 Newberry, Brandon Levi; commend ....................................................................HR 2005 Nix, Mr. Milton E. "Buddy"; retirement; recognize.............................................HR 1803 Norcross High School girls basketball team; commend and
invite to House ...................................................................................................HR 1942 Norcross High School; GHSA Class AAAAA One-Act Play Champs;
commend and invite to House ...........................................................................HR 1943 North Georgia College and State University Day; January 28, 2010;
recognize............................................................................................................HR 1101 Northeast Georgia Medical Center; commend .....................................................HR 2133 Obama, President Barack; Georgia Legislative Black Caucus;
honorary member; recognize ...............................................................................HR 673 Obiglio, Mr. Damian; commend...........................................................................HR 1971 O'Callaghan, Ben Lacy, III; commend .................................................................HR 2234 Off, Louis; Tybee Island Beach Task Force; commend.......................................HR 2014 O'Keeffe, Mr. David; Ms. Jackie Turner; commend ............................................HR 1952 Olens, Mr. Sam; commend ...................................................................................HR 2223 Omalami, Doctor Elizabeth; commend ................................................................HR 1527 Omega Psi Phi Fraternity, Incorporated; commend and invite to House ...............HR 609 Omega Psi Phi Fraternity, Incorporated; February 18, 2010;
commend and invite members to House............................................................HR 1447 O'Neal, Doctor Patrick; commend........................................................................HR 1418 Optimist International; commend.........................................................................HR 1213 Osborn, Reverend Walter; commend ...................................................................HR 1215 Osteogenesis Imperfecta Day at the state capitol; March 24, 2010;
recognize............................................................................................................HR 1810

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INDEX

Owens, Master Sergeant Charles Homer; commend............................................HR 2183 Oyinlola, Honorable Olagunsoye; commend .......................................................HR 2112 PAGE Day on Capitol Hill; February 23, 2010; recognize..................................HR 1355 Palmer, Grace; commend......................................................................................HR 1440 Palmer, Ian Donlaw; commend ............................................................................HR 2238 Parish, Katherine; commend.................................................................................HR 1611 Parker, Drew; Eagle Scout; commend..................................................................HR 1256 Parker, Mrs. Linda H.; commend .........................................................................HR 1931 Parkinson's Day at the state capitol; February 18, 2010; recognize.....................HR 1443 Parks, Ms. Bernice; commend ..............................................................................HR 2209 Partnership for Health and Accountability; commend .........................................HR 1332 Patient-Centered Physician Coalition of Georgia Day; February 4, 2010;
recognize ...........................................................................................................HR 1297 Patrick, Amy; commend .......................................................................................HR 2096 Patriots Day; April 19, 2010; Patriots of the American Revolution;
recognize............................................................................................................HR 1394 Pattillo, Ms. Eva; commend .................................................................................HR 1145 Peach County High School football team; commend and invite to House ..........HR 1329 Peachtree Ridge High School; commend .............................................................HR 1320 Pellom, Ms. Renee; commend ..............................................................................HR 2277 Penamon, Mr. David "Junior", Junior; commend ................................................HR 1387 Pendergrass, Mrs. Mildred Garrett; commend .....................................................HR 1878 Penfield Christian Homes; commend ...................................................................HR 1933 Penland, Joel Lee; commend ................................................................................HR 2062 Penley, Mr. Steve; commend and invite to House ...............................................HR 1979 Peoples, Dottie; Clergy Day; commend ..............................................................HR 1519 Peoples, Ms. Dottie; commend ............................................................................HR 1494 Peoples, Ms. Dottie; commend.............................................................................HR 2312 Peoples, Ms. Dottie; commend and invite to House ............................................HR 1493 Perdue, Governor Sonny; service to Georgia; honor............................................HR 1113 Perno, Coach David; commend and invite to House............................................HR 1412 Perry, Annice & Malcolm; 50th wedding anniversary; recognize .......................HR 1990 Perry, Tyler; humanitarian efforts; commend and invite to House ......................HR 1720 Perry, Tyler; "Madea in the House"; commend and invite to House .....................HR 585 Petty, Scott; commend ..........................................................................................HR 2077 Phi Beta Sigma Fraternity, Incorporated; commend ............................................HR 1457 Phillips, Cindy; commend ....................................................................................HR 1286 Phillips, Doctor Rogsbert F.; commend ...............................................................HR 1761 Pillsbury, John; commend ....................................................................................HR 2272 Pilot Club of Jones County; commend .................................................................HR 1700 Platt, "General" Larry; commend and invite to House.........................................HR 1445 Police chiefs; heads of law enforcement; commend ............................................HR 1438 Polyakova, Ina; commend ....................................................................................HR 2057

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INDEX

6181

Porter, Representative DuBose; commend...........................................................HR 2281 Portman, Mr. John Calvin; commend and invite to House ..................................HR 1347 Poss, Mr. George William "Sonny"; commend....................................................HR 1753 Power Soccer sport; North Georgia Screamin' Eagles; commend .......................HR 2306 Powers, Candy L.; commend................................................................................HR 1277 Pratt, Mr. Larry; City Manager of Adairsville; retirement; recognize .................HR 2045 Price, Ms. Mattie P.; commend ............................................................................HR 2210 Pridemore, Jamie; commend ................................................................................HR 1564 Privateer, C. Joseph; commend ............................................................................HR 1738 Professional Sports Wives Association; commend ..............................................HR 1702 Project Synergy; commend...................................................................................HR 1869 Psychology Day at the State Capitol; February 3, 2010; declare .........................HR 1212 QT Kitchens; Quik Trip Corporation; commend .................................................HR 1659 Queen, Mr. Reese; commend ...............................................................................HR 1835 Quick, Kristen Elizabeth; commend.....................................................................HR 2063 Quinn, Melinda S.; honor .....................................................................................HR 1954 Rambeau, Kelly; commend ..................................................................................HR 1735 Ramos, Cliff; Collins Hill wrestling coach; commend ........................................HR 1967 Rasmussen, Christian Hay; commend ..................................................................HR 2236 Ray, David; commend ..........................................................................................HR 1268 Ray, Mr. Michael L.; commend ...........................................................................HR 1407 Reece, Sheriff Robert N. "Butch"; commend.......................................................HR 1352 Reece, Sheriff Robert N. "Butch"; commend and invite to House.......................HR 1414 Reed, Courtney Dawn; commend.........................................................................HR 2054 Reed, Kasim; City of Atlanta Mayor; commend and invite to House..................HR 1190 Rees, Cheryl; commend........................................................................................HR 2091 Reeves, Mr. "Big" Rick; commend ......................................................................HR 1838 Registered Dieticians Day at the state capitol; March 10, 2010;
recognize............................................................................................................HR 1585 Reid, Coach Richard; 1,000th win; commend......................................................HR 1423 Reid, Ms. Stephanie; commend ............................................................................HR 1840 Reineck, Nathan Daniel; commend ......................................................................HR 2146 Restrepo, Chelsie Marie; commend......................................................................HR 1541 Reynolds, Brett; commend ...................................................................................HR 1263 Reynolds, Matthew David; commend ..................................................................HR 1729 Richards, Coach James "Friday"; commend ........................................................HR 1353 Richt, Coach Mark; commend and invite to House .............................................HR 2103 Richwagen, Nick; commend.................................................................................HR 1600 Riley, Cidney A.; Miss Sophomore South 2010; commend ................................HR 2320 Riley, Robert Harris; commend............................................................................HR 2250 Ring, Mrs. Stephanie; commend ..........................................................................HR 1315 Rivers, Joe Nathan; commend ..............................................................................HR 1905 R-Jabs Wings; third anniversary; commend.........................................................HR 2230

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6182

INDEX

Roberts, Caroline; commend ................................................................................HR 2314 Roberts, James R., Junior; commend ...................................................................HR 1267 Roberts, Mr. Roy; commend ................................................................................HR 2256 Roberts, Ms. Becky; commend.............................................................................HR 1581 Roberts, Pete; the late Mary Lee Roberts; commend ...........................................HR 2271 Robertson, Ethan Burns; commend ......................................................................HR 2145 Robinson, Mr. Gerard; commend .........................................................................HR 2227 Robinson, Mr. James Harold; commend ..............................................................HR 1841 Roche, Joseph William; commend .......................................................................HR 2070 Rockdale County Democratic Party; commend ...................................................HR 2243 Rogers, Kenny; commend and invite to House ....................................................HR 1451 Rollins, Reverend Beverly; 24 years of service; commend .................................HR 2286 Rome Judicial Circuit; commend and invite to House.........................................HR 1325 Romeo, Maggie Sue; her family; commend and invite to House.........................HR 2101 Rope, Evan Marshall; commend ..........................................................................HR 1379 Rosenbaum, Rabbi Kalmen M.; commend...........................................................HR 2288 Ross, Will Ledger; commend ...............................................................................HR 1225 Rosser, Ms. Peggy; retirement; recognize ............................................................HR 1153 Rowell, Caitlin; commend ....................................................................................HR 1730 Rowell, Trevor Markus; commend and invite Roger, Mark and Trevor
to House .............................................................................................................HR 1124 Royster, Ms. Gloria Jean; commend ....................................................................HR 2175 Rural Health Day at the state capitol; February 17, 2010; recognize...................HR 1333 Rush, Tina; commend...........................................................................................HR 2084 Russell, James Grady; commend..........................................................................HR 1334 Russell, Mrs. Sylvia E.; commend .......................................................................HR 1900 Ryan Cameron Foundation; commend .................................................................HR 1701 Saint Patrick's Day Parade Committee; commend and invite members
to House .............................................................................................................HR 1492 Saint Patrick's Day Parade Committee; members; commend and
invite to House .....................................................................................................HR 444 Saint Philip African Methodist Episcopal Church Choir #1; recognize...............HR 1958 Sajwan, Mr. Kenneth S.; commend......................................................................HR 1993 Samson, Mr. Tom; commend ...............................................................................HR 1140 Samuel, Ms. Dorestine "Ms. Dee"; commend......................................................HR 2135 Sanders, Corporal Eric; commend........................................................................HR 1233 Sanders, Joseph; commend...................................................................................HR 1313 Sanders, Ned M.; commend .................................................................................HR 2307 Sanderson, Darayl; commend...............................................................................HR 2095 Sandy Creek High School football team; commend and invite to House ............HR 1415 Sandy Creek High School football team; congratulate and invite to House ........HR 1217 Savannah Chapter #159 of the Order of the Eastern Star, Prince Hall;
commend............................................................................................................HR 1473

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INDEX

6183

Sawhill, Caroline Kimbrell; birth; celebrate.........................................................HR 2222 Scales, Marieh; commend.....................................................................................HR 1695 Schley-Ritchie, Addison Dorsett; commend ........................................................HR 2251 Schwall, Honorable Craig Laurence, Senior; commend ......................................HR 1899 Scott, Chole Adele; commend ..............................................................................HR 2060 Scott, Jennifer; commend .....................................................................................HR 2267 Scott, Mrs. Ella Young; commend and invite ......................................................HR 1453 Sears, Chief Justice Leah Ward; retirement; recognize and invite
to House ...............................................................................................................HR 626 Seay, Mr. Wayne; commend ................................................................................HR 2119 Seegar, Lisa; commend.........................................................................................HR 2099 Seib, Matthew Tyler; commend ...........................................................................HR 2061 Senior Week at the state capitol; February 23, 2010; recognize ..........................HR 1377 Sergeant Billy Freeman Chapter 317; National Korean War
Veterans Association; commend .......................................................................HR 1724 Sewell, Robert Sheffield; commend.....................................................................HR 2218 Shankle, Richard; Mr. Junior South 2010; commend ..........................................HR 2322 Shanor, Richard McRae; commend......................................................................HR 2216 Shapiro, Noah William; commend .......................................................................HR 1378 Sheals, Bishop William L.; commend ..................................................................HR 1706 Shearron, Doctor Gilbert F.; commend ................................................................HR 1609 Sheffey, Ms. Rita A.; commend ...........................................................................HR 1230 Shelnutt, Matthew Brian; commend.....................................................................HR 1623 Shepherd, Mary; commend...................................................................................HR 1265 Sherman, Christopher Scott; commend ................................................................HR 2215 Shields, Devin; commend.....................................................................................HR 2185 Shinn, Anthony; commend ...................................................................................HR 1550 Shoal Creek Baptist Church; 175th anniversary; recognize.................................HR 2161 Shrewsbury, Cadet Colonel Ashlie; commend.....................................................HR 1103 Shults, Eddie; commend .......................................................................................HR 1374 Shumaker, Deputy Yolanda; commend................................................................HR 1664 Shumaker, Deputy Yolanda; commend and invite to House ...............................HR 1980 Sickler, Katie; commend ......................................................................................HR 2182 Simmons, Christy; commend ...............................................................................HR 2029 Sino-American 1+2+1 Dual Degree Program; commend ....................................HR 2199 Sitherwood, Mrs. Suzanne; commend..................................................................HR 1902 Skin Cancer Awareness Day; March 24, 2010; recognize ...................................HR 1759 Smiley, Reverend Doctor Tom; commend ...........................................................HR 1963 Smith, Chaplain Donald G.; commend.................................................................HR 1459 Smith, Chief Hubert L. "Frog"; commend and invite to House ...........................HR 1654 Smith, Colby Isaac; commend..............................................................................HR 1226 Smith, David; commend .......................................................................................HR 2269 Smith, Jennifer; commend ....................................................................................HR 2026

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6184

INDEX

Smith, Katy; commend .........................................................................................HR 1545 Smith, Logan Joseph; commend...........................................................................HR 2049 Smith, Representative Bob; commend .................................................................HR 2260 Snyder, Mr. Robert "Bob"; commend ..................................................................HR 2143 Sobol, Mr. Brent; commend .................................................................................HR 1194 Solomon, Mr. Dorsey "Fox"; commend ...............................................................HR 1843 Solomon's Porch Ministries; commend ................................................................HR 1563 South Gwinnett High School football team; commend........................................HR 1144 Southern Polytechnic State University baseball team; commend
and invite to House ............................................................................................HR 1688 Southern Smokehouse; commend ........................................................................HR 1704 Southland Academy High School 200-yard freestyle relay swim team;
commend and invite ..........................................................................................HR 1789 Sparta Baptist Church; 220th anniversary; commend ..........................................HR 1988 Specht, Geni; commend........................................................................................HR 1546 Sportsman's Day at the state capitol; January 14, 2010; recognize......................HR 1127 Springer, Leah O.; commend ...............................................................................HR 1636 Stafford, Stephen, II; commend and invite to House ...........................................HR 1944 Stallworth, Ms. Catherine; commend ...................................................................HR 2208 Stamberger, James Benjamin; commend..............................................................HR 1747 Staskevicius, Alina; commend .............................................................................HR 1640 Stenson, Amy; commend......................................................................................HR 2093 Stephens, General Robert "Steve"; commend ......................................................HR 1507 Stephenson, Reverend Doctor Tom; Central Christian Church; commend .........HR 1916 Stevens, Summer; commend ................................................................................HR 1998 Stevenson, Mr. William Kameron; commend ......................................................HR 1912 Stiggers, Marlene C.; commend ...........................................................................HR 2265 Stockburger, Coach Margaret; commend.............................................................HR 2044 Stone Mountain-Lithonia Alumni Chapter of Kappa Alpha Psi Fraternity;
commend............................................................................................................HR 1757 Stone, Mr. James T. "Ted"; retirement; commend ...............................................HR 2017 Story, Mr. Ted; commend.....................................................................................HR 1842 Stowe, Officer Scott; commend............................................................................HR 1572 Strayhorn, Ms. Terri; commend ...........................................................................HR 1504 Strickland, Cedric Jeremy; commend...................................................................HR 2214 Strock, Mrs. Dori; commend ................................................................................HR 1424 Strozier, Mr. William C. "Billy"; commend.........................................................HR 1405 Summerbell, Martha Bryant; commend ...............................................................HR 2276 Sykes, Taylor Darice; commend ..........................................................................HR 1622 Taiwan; relations with United States; commend..................................................HR 2089 Tanner, Mr. Tony; commend................................................................................HR 1460 Tate, Mrs. Bettina Polite; commend.....................................................................HR 1471 Taylor, Doctor Hope; commend...........................................................................HR 1537

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INDEX

6185

Taylor, Doctor John C.; commend .......................................................................HR 1243 Taylor, Kristin N.; commend................................................................................HR 1626 Taylor, Mark & Judith; commend ........................................................................HR 1962 Taylor, Mr. William Wesley; commend...............................................................HR 2296 Taylor, Samuel John; commend ...........................................................................HR 2051 Taylor, Shanna; commend ....................................................................................HR 1275 Tebeau, Mrs. Willie; 100th birthday; celebrate....................................................HR 1253 Technology Leadership Coalition's High-Tech Day; February 10;
recognize............................................................................................................HR 1239 Technology Student Association and Robotics Teams of Sol C. Johnson
High School; commend .....................................................................................HR 1660 Teilhet, Representative Rob; service to Georgia House of
Representatives; commend ................................................................................HR 2295 Temporary Administrative Assistants; 2010; House of Representatives;
commend............................................................................................................HR 2131 Term; "mental retardation"; unintended consequences; recognize ......................HR 1897 Terrell Academy football team; commend and invite to House...........................HR 1978 Terrell Academy Lady Eagles basketball team; commend and
invite to House ...................................................................................................HR 1977 Terrell Academy Lady Eagles softball team; commend and
invite to House ...................................................................................................HR 1976 Terwilliger, Toni; commend.................................................................................HR 1274 The Black Crowes; commend...............................................................................HR 1832 The Lewis Family; commend and invite to House...............................................HR 1766 Thigpin, Ms. Vicki; commend..............................................................................HR 2032 Thigpin, Vickie; commend ...................................................................................HR 2024 Thomas, Alexander Carl; commend.....................................................................HR 2212 Thomas, Honorable Regina; commend ................................................................HR 2069 Thomas, Master James William "Jamee"; high school graduation; honor...........HR 1319 Thompson, Austin Tyler Radcliff; commend.......................................................HR 1093 Thompson, Honorable Albert L.; commend.........................................................HR 1901 Thompson, Lemaro R.; commend ........................................................................HR 1642 Thorpe, Ahmad; commend ...................................................................................HR 2025 Thrash, Mr. Mo; commend and invite to House ..................................................HR 1125 Thrash, Stewart Bradley; commend .....................................................................HR 1139 Thurmond, Michael; commend ............................................................................HR 1534 Thurston, Gene; commend....................................................................................HR 1540 Timmons Kristin S.; commend.............................................................................HR 1625 Tinnon, David Scott; commend............................................................................HR 2213 Tippins, Andrew Wright; commend.....................................................................HR 1132 Toccoa Life; Mr. & Mrs. Mattison; commend .....................................................HR 2100 Toccoa-Stephens County Day; February 10, 2010; recognize.............................HR 1386 Tollett, Ms. Tara; commend .................................................................................HR 2164

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6186

INDEX

Toney, Apostle Sylvia J.; commend.....................................................................HR 2259 Tooley, Kate; commend........................................................................................HR 1638 Torah Day School of Atlanta; commend..............................................................HR 2291 Torrence, Mr. Tony; commend.............................................................................HR 1831 Tourism Day at the state capitol; January 26, 2010; declare................................HR 1173 Transit Day in Georgia; February 18, 2010; recognize ........................................HR 1470 Trimm, Doctor Cindy; commend .........................................................................HR 1496 Trimm, Doctor Cindy; commend .........................................................................HR 1528 Trolander, Kerem; 2010 STAR Student; commend .............................................HR 2330 Tucker High School's Habitat for Humanity Chapter; commend ........................HR 2203 Turner, Mrs. Myrna R.; retirement; commend .....................................................HR 1254 Turner's Fine Furniture; commend .......................................................................HR 1248 Twiggs County; bicentennial anniversary; recognize ..........................................HR 1134 Twilight Twirlers; commend ................................................................................HR 1774 Tyre, Apostle Jacquie; commend .........................................................................HR 1521 United States Census; 2010; importance; recognize ...........................................HR 1205 United States military; current and former members; March 29, 2010;
recognize............................................................................................................HR 1739 University of West Georgia Day at the state capitol; January 28, 2010;
recognize ...........................................................................................................HR 1216 Valdosta State University Coed Cheerleading Team; commend .........................HR 1251 Valdosta State University Red Hots Dance Team; commend..............................HR 1249 Valdosta State University; commend ...................................................................HR 1565 Valdosta, City of; sesquicentennial anniversary; recognize.................................HR 1158 Vanapalli, Doctor Tulasi R.; commend ................................................................HR 1663 VanderMeer, David A.; commend .......................................................................HR 2309 Veazey, Chance; commend and invite to House ..................................................HR 1411 Veterans of Foreign Wars of the United States Post 4706; commend .................HR 1182 Veterinary Medicine Day; February 4; Georgia Veterinary Medical
Association; commend and invite to House ......................................................HR 1165 Waggoner, Honorable John; commend ................................................................HR 1575 Walgren, Alexander Conrad; commend ...............................................................HR 1744 Walker, Casy; Miss Cobb County 2010; commend .............................................HR 1246 Walker, Charles O.; commend .............................................................................HR 1645 Walker, Mr. Kevias; commend.............................................................................HR 1833 Walker, Mr. Reginald David; commend ..............................................................HR 1814 Wall, Russell; commend.......................................................................................HR 1538 Waller, Mr. Ronald L.; commend.........................................................................HR 1406 Waller, Mr. Ronald L.; commend and invite to House ........................................HR 1399 Walls, William & Vera; 75th wedding anniversary; commend ...........................HR 1677 Walraven, Mrs. Brenda Wheeler; commend ........................................................HR 2225 Walsh, Mr. Terry; commend ................................................................................HR 1231

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INDEX

6187

Warner Robins American Little League softball team; commend and invite to House ............................................................................................HR 1170
Warner Robins American Little League; commend and invite to House ............HR 1397 Warnock, Cameron Parks; commend ...................................................................HR 1227 Waters, Donna; commend ....................................................................................HR 2156 Watkins, Ann-Cee; commend...............................................................................HR 2028 Watkins, Vincent Y.; commend ...........................................................................HR 1635 Watson, Doctor Walter Gamewell "Curly"; commend and invite
to House .............................................................................................................HR 1169 Webb, Lillian; honor.............................................................................................HR 1908 Webb, Yates Christopher; commend....................................................................HR 2219 Weeks, Stanley Luke; commend ..........................................................................HR 2082 Welcome Home Vietnam Veterans Day; March 30, 2010; recognize .................HR 1723 Wesleyan School boys basketball team; congratulate..........................................HR 2007 Wesleyan School girls basketball team; congratulate ..........................................HR 2006 Whiddon, Mrs. Mattie Sue Edwards; commend and invite to House ..................HR 1940 White, A.J.; 2010 STAR Student; commend........................................................HR 2327 White, Mr. Cecil; commend .................................................................................HR 1844 White, Reverend Henry; commend ......................................................................HR 2279 Wilkins, Dominique; NBA Hall of Famer; Georgia's Diabetes
Ambassador; recognize......................................................................................HR 1380 Wilkins, Robert Michael; commend.....................................................................HR 2217 Williams, Marielle; commend ..............................................................................HR 1615 Williams, Mr. Daymetrie D.; commend ...............................................................HR 1856 Williams, Mr. Jeremy; commend .........................................................................HR 1430 Williams, Mr. Jeremy; Williams Family; commend and invite to House............HR 1653 Williams, Mr. Phillip Lee; Georgia Writers Hall of Fame induction;
commend............................................................................................................HR 2311 Williams, Ms. Jennifer; contributions to education; commend............................HR 2324 Williams, Ms. Stephanie; commend.....................................................................HR 1839 Willingham, Jesse; commend ...............................................................................HR 2075 Wilson, Hayley; commend ...................................................................................HR 1873 Wilson, Mr. Mark; commend ...............................................................................HR 2067 Wilson, Mr. Michael A "Mickey"; condolences ..................................................HR 1584 Wilson, Mrs. Beth; 2010 STAR Teacher; commend ...........................................HR 2326 Wilson, Steve; Walker County Sheriff; commend ...............................................HR 1598 Windsor Academy; 40th anniversary; commend .................................................HR 1882 Winn, Ms. Margel D.; commend..........................................................................HR 1403 Women's Health Week; May 9-15, 2010; recognize............................................HR 2200 WXIA-TV; Ted Hall; Matt Pearl; commend and invite to House .......................HR 1938 Yambert, Whitney de; commend..........................................................................HR 1627 Yeiser, Ms. Lisa; commend ..................................................................................HR 1192 YMCA of Georgia's Youth Assembly; commend................................................HR 1669

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6188

INDEX

Yoculan, Coach Suzanne; commend and invite to House....................................HR 1346 Young Marines of Metro Atlanta; commend and invite to House .......................HR 1591 Youngblood, Minnie Lee Summers; commend....................................................HR 1129 Youth Sunday at Central Presbyterian Church; commend ..................................HR 1809 Yuan, Jlayue; commend .......................................................................................HR 1694 Zellman, Mr. Anton J.; commend.........................................................................HR 1508 Zeta Phi Beta Sorority; commend ........................................................................HR 1458 Zumbro, Caitlin; Miss South 2010; commend .....................................................HR 2321 Zumwalt, Doctor Rosemary Lvy; commend ......................................................HR 1760
COMMERCE AND TRADE Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms.......................................... SB 237 Consumer reporting agencies; identical report to consumer and creditor; require ..................................................................................................................HB 197 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures .................... SB 130 Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions ................................................................HB 267 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories ................ SB 368 Fees; change amount; provisions..........................................................................HB 1055 Georgia Economy Investment Act; enact.............................................................HB 1409 Georgia Free Enterprise and Antitrust Act of 2009; enact .......................................HB 96 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Identity theft; illegal for state to require social security or birth date as identification; provide............................................................................HB 1004 In-home services; employees; criminal background investigation; provide ..........HB 263 Motor vehicle franchise practices; voluntary releases; provisions.......................HB 1072 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Phone cards; terms shall be disclosed at time of purchase; provide.......................HB 846 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; provide definitions; metal theft; provisions..............HB 456 Secondary metals recyclers; records of transactions; change certain provisions.................................................................................................HB 274 Secondary metals recyclers; theft crimes; transaction records; change provisions ..............................................................................................HB 1373

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INDEX

6189

Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture .................................................................................................HB 497
Selling and trade practices; certain practices by credit card companies; prohibit...............................................................................................................HB 1456
State Authority and Intrastate Commerce Act; enact .............................................HB 879 State Council of Economic Advisors; creation; provide composition,
duties, and responsibilities................................................................................... SB 480 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 Truth in Music Advertising Act; prohibition against the
advertising/conducting of certain live musical performances ............................. SB 226 United State Congress; urge to oppose efforts to adopt
"Employee Free Choice Act".................................................................................HR 71 Unsolicited newspapers; create and maintain Do Not Receive Registry;
require ................................................................................................................HB 1474
COMMERCIAL CODE Uniform Commercial Code; conforming amendments; adopt ...............................HB 451
COMMISSIONS Capitol Art Standards Commission; sculpture replacement plaque; urge............HR 1786 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal.............................................................................................. SR 1199 Georgia Commission For Entrepreneurship Excellence; create...........................HR 1515 Georgia Commission on Reducing Poverty and Increasing Economic Security; create ....................................................................................................HB 935 Georgia Faith and Clergy Day Commission; create...............................................HR 675 Georgia Golf Hall of Fame; abolish; disposition of property................................. SB 449 Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Department of Revenue information .............. SR 453 Georgia Tax Reform Commission; create ............................................................HR 1737 Joint Cherokee County Transportation Study and Planning Commission; create ..................................................................................................................HR 2039 University System Fiscal and Administrative Oversight Commission; provide ...............................................................................................................HB 1352
COMMITTEES 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create.......................HB 1405 General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; committees; witnesses and documents; authorize ..................HB 490

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6190

INDEX

General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize.........................................................HB 676
General Assembly; standing and special committees; witnesses under oath; provide ................................................................................................HB 90
Health Care Transformation; create Joint Study Committee ................................. SR 331 House Adult Mental Health and Disability Facilities Study Committee;
create ..................................................................................................................HR 2038 House Constitutional Officer Fees Study Committee; create.................................HR 624 House Durable Medical Equipment Study Committee; create.............................HR 1972 House Motor Fuel Tax Study Committee; create.................................................HR 1715 House Study Committee on Procurement Policies of Georgia
Departments and Agencies Regarding Businesses Owned by Minorities and Women; create ............................................................................................HR 1351 House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); create.....................................................................................HR 771 House Study Committee on Airborne Release of Pentachlorophenol and its Effects on the Health of Georgia Residents; create .................................HR 177 House Study Committee on Autism; create ...........................................................HR 650 House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Business Income Tax Elimination and Job Creation; create.......................................................................................HR 651 House Study Committee on Care Management Organization Performance; create .............................................................................................HR 883 House Study Committee on City and County Consolidation; create .....................HR 820 House Study Committee on Compliance by Local Governments with the Red Light Camera Law; create ..............................................................HR 774 House Study Committee on Damages for Conversion of Timber; create ............HR 1994 House Study Committee on Dangerous Dogs; create ............................................HR 625 House Study Committee on Hotel-Motel Tax; create ..........................................HR 1435 House Study Committee on Property Law Modernization and Standardization; create.......................................................................................HR 1973 House Study Committee on Reducing Poverty and Increasing Economic Security; create .................................................................................HR 1913 House Study Committee on Regional Educational Service Agencies; create ....................................................................................................................HR 642 House Study Committee on Renewable Energy; create.......................................HR 1767 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on State Agency Accountability; create.........................HR 647 House Study Committee on the Hotel Motel Tax; create.....................................HR 1783 House Study Committee on the National Renewables Energy Portfolio Standards; create...................................................................................HR 777

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INDEX

6191

House Study Committee on the Review, Evaluation, and Analysis of State Tax Exemptions; create ..........................................................................HR 442
House Study Committee on Uniforms in Public Schools; create...........................HR 886 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 House Study Committee on Video Gambling Machines; create..........................HR 1359 Joint Equine Industry Study Committee; create .......................................................HR 78 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint Study Committee for Clean Energy Technology; create .................................HR 10 Joint Study Committee on Licensure of Residential and General
Contractors; create .............................................................................................HR 1293 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Joint Study Committee on Sales and Use Tax Simplification; create ....................HR 579 Joint Study Committee on SITE TO GROW GEORGIA, Alternative
Financing, and Entrepreneurship; create .............................................................HR 166 Joint Telecommunications Comprehensive Reform Study Committee;
create .................................................................................................................... SR 402 Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74 Medicaid Care Management Organization Legislative Oversight
Committee; create ................................................................................................ SB 443 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Women's Reproductive Health Legislative Oversight Committee; create............. SB 223
COMMITTEES, STANDING Assignments....................................................................................................... Page 6129 Burkhalter, Honorable Mark; committee assignment ........................................... Page 15 Carter, Honorable Amy; committee assignment ................................................. Page 106 Cooper, Honorable Sharon; committee assignment .............................................. Page 15 Drenner, Honorable Karla; committee assignment ............................................. Page 106 Everson, Honorable Melvin; committee assignment........................................... Page 106 Graves, Honorable Tom; committee assignment ................................................ Page 106 Hamilton, Honorable Mark; committee assignment ........................................... Page 106 Horne, Honorable Billy; committee assignment ................................................. Page 106 Jerguson, Honorable Sean; committee assignment ............................................. Page 106 Jones, Honorable Jan; committee assignment ....................................................... Page 15 Levitas, Honorable Kevin; committee assignment.............................................. Page 106 Loudermilk, Honorable Barry; committee assignment ....................................... Page 106 Lunsford, Honorable John; committee assignment ............................................. Page 106 May, Honorable Jeff; committee assignment ........................................................ Page 15 Millar, Honorable Fran; committee assignment .................................................. Page 106 Mills, Honorable James; committee assignment ................................................... Page 15 Mosby, Honorable Howard; committee assignment ........................................... Page 106 Peake, Honorable Allen; committee assignment................................................. Page 106 Powell, Honorable Alan; committee assignment ................................................ Page 106

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6192

INDEX

Roberts, Honorable Jay; committee assignment ................................................... Page 15 Sheldon, Honorable Donna; committee assignment ............................................. Page 15 Sims, Honorable Barbara; committee assignment............................................... Page 106 Smith, Honorable Bob; committee assignment ................................................... Page 106
COMMUNICATIONS RECEIVED Bell, Honorable Simone......................................................................................... Page 35 Burkhalter, Honorable Mark.............................................................................. Page 6127 Carter, Honorable Earl L. (Buddy)........................................................................ Page 19 Davis, Honorable Hardie, Junior. .......................................................................... Page 24 Dodson, Honorable Ron ........................................................................................ Page 23 Dollar, Honorable Matt...................................................................................... Page 5171 Dooley, Honorable Pat....................................................................................... Page 1136 Douglas, Honorable John ...................................................................................... Page 18 Ehrhart, Honorable Earl....................................................................................... Page 230 Franklin, Honorable Bobby ............................................................................... Page 6126 Gardner, Honorable Pat ......................................................................................... Page 66 Governor .................................................. Pages 2, 3, 9, 20, 25, 26, 64, 1509, 1566, 1693 Graves, Honorable Tom..............................................................................Pages 29, 1509 Hawkins, Honorable Lee ....................................................................................... Page 29 Johnson, Honorable Celeste .................................................................................. Page 16 Keen, Honorable Jerry ......................................................................................... Page 880 Kidd, Honorable E. Culver .................................................................................... Page 34 Knox, Honorable Tom ......................................................................................... Page 189 Legislative Counsel ........................................... Pages 15, 17, 21, 27, 166, 167, 878, 880 Lieutenant Governor.......................................................................Pages 18, 28, 879, 881 Oliver, Honorable Mary Margaret..................................................................... Page 2238 O'Neal, Honorable Larry ....................................................................................... Page 18 Parham, Honorable Bobby Eugene ......................................................................... Page 1 Porter, Honorable DuBose................................................................................. Page 2238 Purcell, Honorable Ann R. .................................................................................... Page 26 Richardson, Honorable Glenn ............................................................................... Page 37 Secretary of State........................................................... Pages 22, 23, 29, 30, 31, 32, 814 Shafer, Honorable David ..................................................................................... Page 882 Shaw, Honorable Jay ......................................................................................... Page 6128 Shipp, Honorable Robbin ........................................................................................ Page 1 Smith, Honorable Earnest G. ................................................................................. Page 36 Smith, Honorable Kip.................................................................................Pages 33, 3457 Smith, Honorable Vance, Junior............................................................................ Page 14 Speaker of House....................................................... Pages 15, 18, 28, 36, 106, 879, 881 Stout, Honorable Daniel L................................................................................... Page 815 Unterman, Honorable Renee ............................................................................... Page 882 Williams, Honorable Tommie ............................................................................. Page 880

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6193

COMMUNITY AFFAIRS, DEPARTMENT OF Commission on Regional Planning; create; provide for membership and duties .............................................................................................................HB 867 Martin Luther King Junior Advisory Council; create ..........................................HB 1466 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 Rehabilitation Services, Division of; transfer to Department of Community Affairs; repeal certain provisions ..............................................HB 1521
COMMUNITY HEALTH, DEPARTMENT OF Community Health, Department of; contracts; subject to open records act; provide..............................................................................................HB 377 Community Health, Department of; data collection of chronic obstructive pulmonary disease; pass regulations...............................................HR 1487 Community Health, Department of; educate public on disposal of home-generated medical sharps; urge ...........................................................HR 1946 Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316 Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 Community Health, Department of; require Medicaid home pilot projects; urge .............................................................................................HR 2102 Community Health, Department of; services to those with Hepatitis B and C; urge......................................................................................HR 1891
COMPENSATION RESOLUTIONS SunCorp Property Services, LLC; compensate ......................................................HR 176
CONDOLENCES, ETC. Adams, Mr. George William "Bill", Junior; condolences ...................................HR 1806 Allgood, Mr. Luke; condolences ..........................................................................HR 1316 Anderson, Mr. Leo D.; condolences ....................................................................HR 1917 Arp, Mr. Charles Henry, Senior; condolences......................................................HR 2086 Austin, Mrs. Addie Gates; condolences ..............................................................HR 1179 Baldwin, Mrs. Ruby Kay; condolences ................................................................HR 2001 Beasley, Mr. Norvie Les, Senior; condolences ....................................................HR 1214 Beasley, Mrs. Louise; condolences .....................................................................HR 1154 Bennett, Mr. J. Woodfin "J.W."; condolences......................................................HR 1672 Bennett, Rajaan Jhakari; condolences ..................................................................HR 2297 Berry, Mrs. Margaret L.; condolences..................................................................HR 1309 Braselton, Mr. Henry Edward; condolences.........................................................HR 1462 Brooks, Mr. Joseph Daniel "Jody"; recognize fundraiser; condolences ..............HR 1657 Brumlow, Mrs. Jeanne Sims; condolences...........................................................HR 2151

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6194

INDEX

Bryant, Mr. Harold Eugene; condolences ............................................................HR 1676 Buice, Doctor Ralph L.; condolences...................................................................HR 2117 Burnett, Mrs. Adelaide; condolences ...................................................................HR 1183 Burnette, Mr. William Herbert "Billy", Junior; condolences ...............................HR 2166 Burns, Mr. Roy Lee, Senior; condolences............................................................HR 1186 Burt, Mr. Howard J.; condolences........................................................................HR 2165 Butler, Mr. Walter Curtis, Junior; condolences....................................................HR 1100 Caldwell, Mr. Daniel "Dan" David; condolences.................................................HR 1573 Calhoun, Mrs. Beverly W.; condolences..............................................................HR 1307 Carter, Mrs. Delisia Marie; condolences ..............................................................HR 1920 Carter, Officer James Franklin, Junior; condolences ...........................................HR 2195 Caves, Mrs. Diane; condolences...........................................................................HR 2110 Cheely, Honorable Selma Parris; condolences.....................................................HR 1571 Clark, Mr. George; condolences...........................................................................HR 1339 Cleveland, Mr. Alton Jerry, Senior; condolences.................................................HR 1574 Cody-Brooks, Mrs. Ruby; honor ..........................................................................HR 1128 Collins, 1st Lieutenant Robert; condolences ........................................................HR 2034 Collins, Mr. Elmo; condolences ...........................................................................HR 2284 Colquitt, Mr. James A. "Jimmy"; condolences ....................................................HR 1792 Connally, Mrs. Elaine; condolences .....................................................................HR 1420 Cook, Mr. Albert "Al" Milton; condolences ........................................................HR 2317 Crawford, Deputy Davy Wayne "Dave"; condolences ........................................HR 1502 Cummings, Mrs. Mary A. Moss; condolences ....................................................HR 1305 Deal, Mrs. Zackie Ree; condolences ....................................................................HR 1152 DeLong, Mr. Harold; condolences .......................................................................HR 1754 Dill, Mr. William F. "Bill"; condolences..............................................................HR 1671 Dion, Private First Class John Phillip; condolences ............................................HR 1162 Eberhart, Reverend Isaiah; condolences...............................................................HR 1206 Elkins, Mr. Jack; condolences ..............................................................................HR 1382 English, Mrs. Anna E.; condolences.....................................................................HR 2019 Fortuna, Mr. Louis John; condolences .................................................................HR 1796 Freeman, Mrs. Madeline Spann; condolences......................................................HR 1827 Goen, Mr. Jeffery Taylor; condolences ................................................................HR 1155 Griffin, Mrs. Vivian Hamp; condolences .............................................................HR 1304 Grigsby, Mr. Richard Howard; condolences .......................................................HR 1437 Grissom, Reverend Harvey Meredith; condolences .............................................HR 2009 Grube, Mr. Dick; condolences..............................................................................HR 1928 Harris, Mrs. Narvie Jordan; condolences .............................................................HR 1180 Hatfield, Mr. Joe S.; condolences.........................................................................HR 1812 Hayes, Mr. Abbott Swift; condolences ................................................................HR 1670 Height, Ms. Dorothy Irene; condolences..............................................................HR 2192 Higginbotham, Mr. Stanley Leon; condolences ...................................................HR 1914 Hill, Mr. Walter Lee, Senior; condolences...........................................................HR 1421

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6195

Holman, Mr. Grady, Junior; condolences.............................................................HR 1877 Hooks, Mr. Benjamin Lawson; condolences........................................................HR 2193 Howard, Mr. Robert; condolences .......................................................................HR 1306 Howell, Mr. George Leslie; condolences .............................................................HR 1925 Hulsey, Mr. John Burl, Senior; condolences ........................................................HR 1815 Jackson, Mr. George T.; condolences...................................................................HR 1255 Jackson, Mr. Joe David; condolences...................................................................HR 1247 Johnson, Mr. James S. "Jimmy"; condolences ....................................................HR 1606 Johnson, Terry Mark; TJ and Friends Foundation, Incorporated;
commend............................................................................................................HR 1422 Jones, Mr. Marvin "Lefty"; condolences..............................................................HR 1340 Kirkland, Mr. Zene William; condolences ...........................................................HR 2273 Lawrence, John; condolences ...............................................................................HR 1794 Lemons, Kayla Michelle; condolences.................................................................HR 1921 Lewis, Mr. John H., Senior; condolences.............................................................HR 1181 Locke, Doctor Ivy Denise; condolences...............................................................HR 2002 Lowe, Mrs. Narvell Glover; condolences.............................................................HR 1308 Mathis, Mr. James, Senior; condolences ..............................................................HR 1711 Matthews, Mr. Warren Levon; condolences .......................................................HR 1778 Mishou, Tom; condolences...................................................................................HR 1601 Moore, Mr. Adger, Senior.; condolences .............................................................HR 1829 Noble, Mr. William Francis, Senior; condolences ...............................................HR 1743 Otubushin, Mama Omo Oba Bernice Olusola Onabanjo Nee;
condolences........................................................................................................HR 2275 Peebles, Captain Tim; condolences; invite family to House................................HR 1655 Peirce, Doctor Kenneth; condolences...................................................................HR 1191 Peoples, Mr. Kirk Terrance; condolences ............................................................HR 1915 Perkins, Mr. Calvin Douglas; condolences ..........................................................HR 1595 Phillips, Mr. Eddie; condolences..........................................................................HR 1464 Reese, Mr. J.T., Junior; condolences....................................................................HR 2176 Rhodes, Mrs. Loretta F.; condolences ..................................................................HR 1817 Rice, Mr. George Erskine; condolences ...............................................................HR 1608 Robinson, Doctor Robert S.; condolences ...........................................................HR 1098 Ruffin, Honorable John H., Junior; condolences..................................................HR 1288 Schaefer, Senator Nancy; condolences.................................................................HR 2134 Scoggins, Mr. William H. "Bill"; condolences ...................................................HR 2108 Searson-Ahad, Mrs. Makeda Darlene; condolences.............................................HR 1776 Sims, Mrs. Mary Louise McAfee; condolences ...................................................HR 1703 Smith, Mr. Carl, Junior; condolences ...................................................................HR 1143 Smith, Mrs. Francis Colclough and Mrs. Marjorie Robie Smith;
condolences........................................................................................................HR 2298 Spillers, Mr. Otis; condolences ............................................................................HR 1222 Strange, Mrs. Jean; condolences...........................................................................HR 1097

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6196

INDEX

Taylor, Mr. Joseph Gregory; condolences............................................................HR 1188 Teaver, Mrs. Frances "Fran" Spikes; condolences ...............................................HR 1795 Thornell, Mr. Allen Keith; condolences...............................................................HR 1402 Tinsley, Mrs. Alice; condolences .........................................................................HR 1156 Turner, Mr. Cecil; condolences ............................................................................HR 1576 Turner, Mr. Roy H., Senior; condolences.............................................................HR 1755 Valentine, Doctor H.E. "Herb"; condolences .......................................................HR 1816 Voyles, Mr. Robert Townsend, Senior; condolences ...........................................HR 1790 Walker, Deacon DeWayne; condolences .............................................................HR 2274 Ward, Mr. Matthew Warren; condolences ...........................................................HR 1909 Watson, Mrs. Daisy Elizabeth Blanchard; condolences.......................................HR 1984 Wayt, Mr. John Augustus, Junior; condolences ...................................................HR 1436 Welch, Mrs. Tina Lawson; condolences .............................................................HR 1501 Wells, Master Sergeant Lewis H., Junior; condolences .......................................HR 2072 West, Mr. Larry; condolences ..............................................................................HR 1710 Westmoreland, Mrs. Rosalind Smith; condolences..............................................HR 1957 Williams, Deputy Willie James; condolences ......................................................HR 1987 Womack, Mr. Roy Carlton; condolences .............................................................HR 1342 Woods, Reverend Robert H., Senior; condolences ..............................................HR 2205 Yarbrough, Mr. John; condolences.......................................................................HR 1985
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; forest land conservation use property; revise provisions ..........HB 1028 Air quality; emitting pentachlorophenol near schools; limitations; provisions...........................................................................................................HB 1087 Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions..........................................................................................HB 531 Best management practices; required buffer along state waters; provide exception...............................................................................................HB 1359 Coal mining; extracted by mountain top removal; prohibit purchase; provisions.............................................................................................................HB 276 Comprehensive state-wide water management planning; change certain provisions.................................................................................................HB 895 Conservation and natural resources; certain environmental protection permits; revise provisions ..................................................................................HB 1370 Conservation and natural resources; level of registration required for Environmental Protection Division permits; specify ...................................HB 1368 Education; public schools maintain recycling program; mandate..........................HB 943 Erosion and sediment control plan; implemented through separate contract; require ...................................................................................................HB 771 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA ................................. SR 12

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6197

Georgia Congressional Delegation; support legislation to prevent carbon emissions regulation; urge .....................................................................HR 1649
Georgia Energy Freedom Act of 2010 ................................................................... SB 401 Georgia Environmental Facilities Authority; change name to
Georgia Environmental Finance Authority .........................................................HB 244 Georgia Forest Product Fairness Act; provide statement of intent;
General Assembly; granting of economic incentive to users of raw forest products...................................................................................................... SB 409 Georgia Geospatial Advisory Council; create ........................................................HB 169 Georgia Services Administration; succeed Department of Administrative Services; create provisions ................................................................................HB 1431 Georgia Sports Hall of Fame Authority; composition; revise................................HB 694 Georgia Sports Hall of Fame Authority; reconstitute governance; provisions...........................................................................................................HB 1092 Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ......................... SB 523 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director............. SB 78 Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions.....................................................................................HB 493 Governor and Attorney General; sue Environmental Protection Agency to prevent carbon emissions regulation; urge.......................................HR 1650 Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations......................................................... SB 490 Hazardous waste; disposition of certain medical sharps waste; provisions ...........HB 504 Hazardous waste; make provisions consistent with federal regulations; provide ...............................................................................................................HB 1298 House Study Committee on Damages for Conversion of Timber; create ............HR 1994 Income tax credit; qualified water and energy efficient product expenses; provisions ............................................................................................HB 519 Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Income tax; property donations for public parks; provide tax credit ...................HB 1523 Income tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions.......................................HB 1069 Jekyll Island - State Park Authority Act; no more than 35 percent of land developed; provide ................................................................................HB 1325 Jekyll Island - State Park Authority; membership; prohibit conflicts of interest; provide .............................................................................................HB 1361 Land Conservation; redefine certain terms............................................................. SB 402 Law judge or hearing officer; deference on technical issues when reviewing permits; provisions..................................................................HB 1365 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall............................................................................................................... SR 274

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6198

INDEX

Natural Resources, Department of; authority to arrange volunteer services; change provisions ...............................................................................HB 1199
Natural Resources, Department of; develop water conservation incentives; require..............................................................................................HB 1094
Natural resources; dedication of revenues from certain fees; authorize - CA......................................................................................................HR 293
Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Outdoor watering; state-wide schedule; provisions .............................................HB 1039 Parks; Georgia Agrirama Development Authority; abolish;
provide successor...............................................................................................HB 1090 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Public water systems; water usage among tenants; revise provisions....................HB 158 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 River Basin Protection Act; enact ........................................................................HB 1301 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 309 Soil Erosion/Sedimentation; 25 foot buffers along state waters;
provisions............................................................................................................. SB 228 Solid waste disposal facilities; surcharge; increase................................................HB 491 Solid waste management; permits for handling, disposal, or treatment;
change provisions ..............................................................................................HB 1059 Solid waste management; scrap tires; utilize transport destination
designation form; require...................................................................................HB 1394 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State parks and recreational areas; boat shelters on High Falls Lake;
provide for permits...............................................................................................HB 367 State Properties Code; modifying certain provisions; acquiring
real property through commission ....................................................................... SB 455 State Road and Tollway Authority; abolish and transfer duties
to Department of Transportation; provide .........................................................HB 1443 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 Timber; penalty for converting timber; change....................................................HB 1267 United States Congress; adopt legislation that promotes jobs
and energy development; request ......................................................................HR 1785 United States Congress; fully fund Resources Conservation
and Development Program; urge .......................................................................HR 1517 Waste Management; provide for quarantining/certified clean
up of sites where methamphetamine was unlawfully manufactured..................... SB 15

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6199

Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................HB 239
Water pollution control; sludge and water-waste systems; regulate ......................HB 238 Water pollution; Adopt a Water Body program; provide.......................................HB 693 "Water System Interconnection Redundancy and Reliability Act";
achieve district-wide interconnection within Metro North Georgia Water Planning .................................................................................................... SB 442 "Water System Interconnection, Redundancy, and Reliability Act"...................... SB 380 Water well contractors or drillers; inject surface water into floridan aquifer; change certain provisions .......................................................................HB 597 Water well standards; require contractor license under geologist or engineer direction; change provisions...........................................................HB 1206 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress...................... SB 370 Wells and drinking water; permits to use ground water; change certain provisions.................................................................................................HB 578
CONSTITUTIONAL AMENDMENTS Ad valorem tax exemption; net job producing jurisdictions; provide - CA .........HR 1448 Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA .................................... SR 1 Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 Casino gambling; dedicate taxation revenue; authorize - CA ..............................HR 1784 Citizens' Redistricting Commission; create - CA...................................................HR 229 Colleges of agriculture; Department of Agriculture jurisdiction; transfer - CA ......................................................................................................HR 1590 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Coroner; shall be a county officer; provide - CA .................................................HR 1237 Coroner; shall be county officer; provide - CA....................................................HR 1401 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21 County functions; more than 80 percent of land in one or more municipal corporations; limit - CA....................................................................HR 1589 County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369 Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Education Improvement Districts; provide creation and comprehensive regulation - CA .................................................................................................... SR 153 Eligibility to vote; verification of citizenship; provisions - CA ...............................HR 12

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6200

INDEX

Eminent domain; condemnation of property; require - CA......................................HR 70 Excise tax; cigarettes; proceeds to health care; provide - CA ..............................HR 1652 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 General Assembly; additional fees for offenses; allocate to
Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 General Assembly; authorize to provide a general law for payment
of rewards; first commercial oil and natural gas wells - CA ................................. SR 12 General Assembly; contracts that limit competitive activities;
authorize - CA......................................................................................................HR 178 General Assembly; law for pari-mutuel wagering on horse racing;
provide - CA ......................................................................................................HR 1177 General Assembly; law for townships; provide - CA ................................................HR 8 General Assembly; local education boards pay election expenses;
require - CA .......................................................................................................HR 1651 General Assembly; pari-mutuel betting on horse and dog races;
provisions - CA....................................................................................................HR 534 General Assembly; provide homeowner tax relief grants; appropriate
funds - CA................................................................................................................HR 7 General Assembly; telephone subscriber charges; fund trauma services;
provide - CA ........................................................................................................HR 139 General Assembly; veto sessions; provide - CA ..................................................HR 1476 Georgia Federal Health Care Nullified Amendment; enact - CA ........................HR 1107 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Georgia Trauma Trust Fund; impose a charge on certain motor
vehicle registrations - CA .................................................................................... SR 277 Governmental Energy Efficiency; authorize state multiyear contracts;
vendors guarantee realization of specified savings to improvements - CA............................................................................................ SR 1231 Governor; convene General Assembly special session; three percent or more revenue decline - CA..............................................................................HR 138 Governor; office terms; provisions - CA..............................................................HR 1090 Governor; serve six-year term; not succeed himself or herself; provide - CA ........................................................................................................HR 563 Governor's veto; one house overrides; other house votes immediately; provide - CA ............................................................................................................HR 3 Health care system; no law shall compel participation; provide - CA .................HR 1086 Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74 Laws; challenge constitutionality; provide standing - CA ...................................HR 1085 Legislative branch; issuance of subpoenas; provide - CA......................................HR 335 Local ad valorem tax; reduce or eliminate with one percent sales tax; authorize - CA....................................................................................................HR 1432

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6201

Lottery funds; used for programs to assist learning disabled children; provide - CA ......................................................................................................HR 1480
Motor fuel tax; jet and aviation gasoline; maintain public-use airports; provide - CA ......................................................................................................HR 1681
Motor fuels tax; fund grants to maintain public roads, bridges and public transit; provide - CA ........................................................................HR 1781
Natural resources; dedication of revenues from certain fees; authorize - CA......................................................................................................HR 293
Owners of real property; industrial areas; remove property - CA..........................HR 136 Paramount right to life; human beings; provisions - CA............................................HR 5 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Real property; residential and nonresidential; freeze valuation - CA ........................HR 1 Regional grand juries; create - CA .......................................................................HR 1683 Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax; 25 percent to transportation; dedicate - CA ............................HR 1358 Sales and use tax; board of education levy tax for educational
purposes; authorize - CA ...................................................................................HR 1238 Sales and use tax; distributed for educational purposes; provisions - CA ...........HR 1105 Sales and use tax; educational purposes; provide - CA........................................HR 1203 Sales and use tax; limit exemptions periods - CA ....................................................HR 30 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1109 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1110 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1111 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1112 Sales and use tax; motor fuel collections; appropriated for transportation;
provisions - CA..................................................................................................HR 1300 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 State and local taxes, fees, and property liens; abolish and prohibit;
change provisions - CA..........................................................................................HR 27 State Personnel Board; State Merit System of Personnel Administration;
remove provisions - CA.....................................................................................HR 1768 State Properties Commission; Board of Regents; multiyear
rental agreements - CA ........................................................................................ SR 510 State title fees; motor vehicles; provide - CA.........................................................HR 566 State Transportation Board; abolish - CA ..............................................................HR 140 State Transportation Board; members term of office; limit - CA ........................HR 1446 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75 Tax defaulters; ineligible for public office; revise and strengthen - CA..............HR 1087 Tax; regional local option transportation tax - CA................................................... SR 44 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Transportation Department; multiyear construction agreements - CA .................. SR 821

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6202

INDEX

Transportation Trust Fund; create - CA .................................................................HR 206 United States Constitution; religious organizations receive public aid;
prevent discrimination - CA ................................................................................HR 567
CONTRACTS Community Health, Department of; contracts; subject to open records act; provide..............................................................................................HB 377 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders............................. SB 447 General Assembly; contracts that limit competitive activities; authorize - CA......................................................................................................HR 178 Illegal and void contracts; make legislative findings; define certain terms; provisions......................................................................................HB 833 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387
CONTROLLED SUBSTANCES Advanced practice registered nurses; protocol agreement with physician; amend provisions..............................................................................HB 1342 Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list ................................................... SB 498 Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ............................................ SB 418 Controlled substances; add certain drugs to Schedule V list; provisions.............HB 1524 Controlled substances; add synthetic cannabinoids to Schedule I list; provide ...............................................................................................................HB 1309 Controlled substances; food product bearing name of Schedule II substance; unlawful to sell...................................................................................HB 708 Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions .......................................................................... SB 353 Controlled substances; sentencing a person convicted of possession; clarify certain provisions .....................................................................................HB 814 Convention and Tourism Special District Act of 2010; enact................................HB 902 Dangerous drugs; Salvinorin A; include ..............................................................HB 1021 Georgia Prescription Monitoring Program Act; enact............................................HB 273 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty ......................... SB 56

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6203

Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ................................................................................................ SB 299
Registered nurses and physicians assistants; protocol agreement; provisions...........................................................................................................HB 1250
COOK COUNTY Sheriff Charles W. Bryant Highway; Cook County; dedicate .............................HR 1996
COOLIDGE, CITY OF; create new charter.........................................................HB 1462
CORNELIA, CITY OF; levy excise tax; authorize..............................................HB 1467
CORONERS Coroner; shall be a county officer; provide - CA ...................................................HR 294 Coroner; shall be a county officer; provide - CA .................................................HR 1237 Coroner; shall be county officer; provide - CA....................................................HR 1401 Death investigations by coroners; notification requirements; provide.....................HB 50 Death investigations; coroners cooperate with forensic laboratory; provisions...........................................................................................................HB 1095 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Vital Records; provide for execution of death certificates for certain burn victims transported from other states .............................................. SB 493
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Corporations; registration with Secretary of State; require..................................HB 1034 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Fees; change amount; provisions..........................................................................HB 1055 Income tax; taxation of corporations; change certain provisions...........................HB 468 Income taxes; state income tax for corporations; abolish ....................................HB 1029 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Natural Resources, Department of; authority to arrange volunteer services; change provisions ...............................................................................HB 1199 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296
COSMETOLOGISTS Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195 State Board of Cosmetology; investigate need and feasibility of ventilation equipment for nail technicians; urge .............................................HR 218
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)

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6204

INDEX

COUNTIES (Also, see Local Government or Named County) Alcoholic beverage sales; subject to regulation by counties; provisions .............HB 1091 Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ................................................................................................. SB 335 Annexation of territory; deannexation; repeal certain provisions ..........................HB 558 Code Officials; provide for protection and training; definitions; criminal penalties................................................................................................. SB 188 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Coroner; shall be a county officer; provide - CA .................................................HR 1237 Coroner; shall be county officer; provide - CA....................................................HR 1401 Counties and municipalities; budget excess; searchable website; provisions.............................................................................................................HB 122 Counties and municipalities; nonexclusive franchise agreements; provisions.............................................................................................................HB 613 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21 Counties; purchasing department; change provisions ..........................................HB 1487 County and Municipal Probation Advisory Council; certain limitations; clarify ...................................................................................................................HB 622 County and municipal tax levies; fund domed stadium; revise provisions............HB 903 County boards of health; ad hoc legislative oversight panels; establish ..............HB 1056 County boards of tax assessors; appeal of assessments; comprehensive revision.................................................................................................................HB 587 County functions; more than 80 percent of land in one or more municipal corporations; limit - CA....................................................................HR 1589 County law libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ..........................HB 858 County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369 Detention; counties demonstrate use of federal Department of Homeland Security's Secure Communities initiative; funding for housing state inmates ................................................................................................................. SB 385 Elections; county board of education members; nepotism restrictions; remove .................................................................................................................HB 924 Georgia Employer and Worker Protection Act of 2010; enact ............................HB 1259 Georgia Public Safety Training Center; training of elected members; require ..................................................................................................................HB 124 Georgia Tourism Development Act; enact...........................................................HB 1266 Georgia Townships Act; enact .................................................................................HB 30 License plates; space for county name decal; provide ...........................................HB 914 Local enforcement boards; unclaimed homestead exemption; name of agent responsible; provide ...................................................................HB 1340

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6205

Local government entities; citizens have right to speak at meetings; provide ...............................................................................................................HB 1305
Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................... SB 390
Local government; automatic extension of service delivery strategy agreements; provide ...............................................................................HB 717
Local government; code enforcement boards; provide definitions ......................HB 1173 Local government; county surveyors; provisions.....................................................HB 72 Local government; transfer of certain revenues; limit .........................................HB 1323 Motor vehicles; applying or renewing license plate; donate
to county libraries; provide................................................................................HB 1471 Municipal corporation; special district tax; create .................................................HB 515 Municipal Corporations; create special district which employs
in excess of 1500 police officers/firefighters combined........................................ SB 77 Municipal corporations; immunity from liability for damages; provisions ...........HB 683 Occupation taxes; counties collect certain information with taxes;
provisions...........................................................................................................HB 1137 Probation; County and Municipal Probation Advisory Council;
repeal creation......................................................................................................HB 619 Public Roads; further declare authority of counties/municipalities to
remove roads from their systems when removal is in best public interest .......... SB 354 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Rules of the Road; allow races on county/municipal roads when
sanctioned by the local governing authority/ road is closed to traffic................. SB 345 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; county tax for educational purposes; revise............................HB 1020 Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Sales and use tax; point of sale data made available to counties; provide ...........HB 1372 School sites; acquiring and disposing; sale or conveyance; provisions .................HB 703 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................HB 406 Service strategy development; fees collected offset certain costs;
provisions...........................................................................................................HB 1203 Water pollution control; regulate surface water returns; county
boards of health; change certain provisions.........................................................HB 239
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 Board of examiners; expenses; change certain provisions .....................................HB 332 Brain and Spinal Injury Trust Commission; may solicit funds; provide..............HB 1310 Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize...............................................................................................................HB 760

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6206

INDEX

Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Columbus, Municipal Court; change clerk and marshal compensation ...............HB 1391 Computerized record-keeping systems; clerks of superior courts;
redacting social security numbers; provide ...........................................................HB 55 Constables/Marshals; notify protected persons upon the service
of certain protective orders ...................................................................................... SB 4 Corrections, Department of; amend various titles; provisions .............................HB 1030 Court reporters; notice requirements regarding access; provisions........................HB 357 Court reports; publishing a volume of rules from the definition
of reports; remove requirement ...........................................................................HB 235 Courts; additional criminal penalties for purposes of drug abuse
treatment/education programs; revise provisions ................................................ SB 112 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Courts; recusal of certain judges; provisions..........................................................HB 601 Crimes and Offenses; specify certain acts that constitute criminal
abortion ................................................................................................................ SB 529 Criminal Justice Coordination Council; councilmembers'
compensation/reimbursement of expenses; provisions ....................................... SB 173 Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Delinquent child; protective order for victims of acts of delinquency;
provisions.............................................................................................................HB 729 Driving Permits; allow issuance of a limited driving permit; person
convicted of driving under the influence subject to certain conditions............... SB 180 Education; mandatory attendance; provisions; require new residents
in a local school system to enroll a child within 30 days .................................... SB 239 Family Court Division; project duration determined by Fulton
County Superior Court majority; provide..........................................................HB 1046 Fee provisions; fee remittance for processing United States passports;
change ................................................................................................................HB 1193 Georgia Commercial Mortgage Fraud Act; enact; provisions .............................HB 1271 Georgia Fair Lending Act; definitions; provide for limitations
on home loans; fees for filling documents............................................................. SB 57 Georgia Regional Grand Jury Act; enact..............................................................HB 1396 Georgia Supreme Court; urging to disbar or disallow admission to bar
any attorney convicted of altering or backdating a legal document ......................HR 72 Grand juries; oath given to all witnesses; provisions .............................................HB 939 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Griffin Judicial Circuit; not decrease the county supplements
for the superior court judges of that circuit. ........................................................ SB 542 Judicial Council of Georgia; include president and president-elect of the
Council of Municipal Court Judges of Georgia; require .....................................HB 837 Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74

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INDEX

6207

Judicial system; assignment of senior judges; provide for provisions ...................HB 514 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Juvenile Burglary Prevention Act of 2010; enact...................................................HB 824 Juvenile proceedings; admit general public to hearings; provisions ......................HB 616 Juvenile proceedings; arrest and detention of accused children;
risk assessment instrument; provisions................................................................HB 246 Juvenile proceedings; change provisions; smash and grab burglary
designated as felony; provide ............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving
credit for time served ........................................................................................... SB 400 Juvenile proceedings; detention; change provisions ............................................HB 1144 Juvenile proceedings; retired judge may perform marriage ceremonies;
provide ...............................................................................................................HB 1078 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Juvenile Proceedings; zero tolerance policy on weapons in schools;
change provisions ............................................................................................... SB 299 Legislative Counsel; repeal certain requirements relative to
softbound volumes of the Georgia Laws ............................................................. SB 388 Magistrate court clerk; superior court clerk serve when not
provided by law; provisions...............................................................................HB 1172 Magistrate court clerks; General Assembly specify who serves
as clerk; provide.................................................................................................HB 1057 Magistrate courts; "Georgia Civil Practices Act"; provisions ................................HB 885 Magistrate courts; jurisdictional limit in civil claims; increase..............................HB 973 Maps and plats; certain data shown; subdivisions; provide restrictions...............HB 1369 Municipal courts; judges to be attorneys; require ..................................................HB 478 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Off-road vehicles; operating restrictions; change certain provisions .....................HB 207 Piedmont Judicial Circuit; create new superior court judgeship ..............................HB 77 Pretrial intervention and diversion programs; administration fees;
increase ..............................................................................................................HB 1133 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions.............................................................................................................HB 600 Records and hearings; sharing of confidential information; provide .....................HB 544 Regional grand juries; create - CA .......................................................................HR 1683 Retirement and pensions; action brought against boards of trustees;
Superior Court of Fulton County; provide...........................................................HB 211 Reunification of family; additional case plan and permanency
plan requirements; provisions............................................................................HB 1085 Sheriff's service fees; serving and dispossessing certain tenants
and intruders; increase fees..................................................................................HB 505

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6208

INDEX

"Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary.............................. SB 423
Solicitors-general; act during pendency of vacancy in office; provide................HB 1053 State Court of DeKalb County; certain fees; change............................................HB 1450 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75 Sunset revisions; repeal automatic expiration; provisions ...................................HB 1165 Superior Court of Fulton County; Family Court Division; change
project duration ....................................................................................................HB 976 Superior courts; issuing orders on motions; provisions .........................................HB 220 Supreme Court and Court of Appeals; filing fees; change certain
provisions.............................................................................................................HB 331 Teachers Retirement System of Georgia; Trial Judges and Solicitors
Retirement Fund; provide creditable service.......................................................HB 832 Unruly children; zero tolerance policy on weapons in schools;
change provisions ..............................................................................................HB 1108 Wills, Trusts, & Administration of Estates; provide when no distribution
has been made from a trust within certain time, notify district attorney of circuit ............................................................................................................... SB 302
COVINGTON, CITY OF; levy an excise tax; authorize .......................................HB 775
COWETA COUNTY Western Area Regional Radio System Authority; Coweta County; government of authority.....................................................................................HB 1225
CRIMES AGAINST THE PERSON Assault and battery; penalties for aggravated assault on explorer; provide .................................................................................................................HB 979 Convention and Tourism Special District Act of 2010; enact................................HB 902 Criminal procedure; change the term victim to the term accuser; provide ..........HB 1181 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ................................................................................................ SB 299 Kidnapping; change certain provisions ....................................................................HB 27 Kidnapping; change certain provisions ....................................................................HB 28 Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 Reckless conduct; assaults with intent to transmit HIV or hepatitis; increase penalty......................................................................................................HB 47 Stalking cases; protection orders; include animals; allow......................................HB 574

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INDEX

6209

Stalking; violating family violence court order; provide a definition ....................HB 433 Street gang terrorism and prevention; expand and change provisions .................HB 1015
CRIMES AND OFFENSES (CRIMINAL CODE) Assault and battery; penalties for aggravated assault on explorer; provide .................................................................................................................HB 979 Bingo games; limits on amounts of prizes; remove ...............................................HB 674 Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance ........................................................... SB 454 Bingo; define certain terms; veterans organizations; provisions............................HB 166 Carrying weapons; school safety zones; provide punishment................................HB 573 Casino gambling; dedicate taxation revenue; authorize - CA ..............................HR 1784 Child molestation; aggravated child molestation; change definition .....................HB 884 Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Cockfighting; punishments; provisions ..................................................................HB 109 Code Officials; provide for protection and training; definitions; criminal penalties................................................................................................. SB 188 Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................ SB 470 Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" to Schedule I controlled substance list ................................................... SB 498 Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ............................................ SB 418 Controlled substances; add certain drugs to Schedule V list; provisions.............HB 1524 Controlled substances; add synthetic cannabinoids to Schedule I list; provide ...............................................................................................................HB 1309 Controlled substances; food product bearing name of Schedule II substance; unlawful to sell...................................................................................HB 708 Controlled Substances; Schedule I, II, IV, and V; definition of "dangerous drug"; provisions .......................................................................... SB 353 Controlled substances; sentencing a person convicted of possession; clarify certain provisions .....................................................................................HB 814 Convention and Tourism Special District Act of 2010; enact................................HB 902 Corrections, Department of; amend various titles; provisions .............................HB 1030 Crime; medical identity fraud; provide punishment............................................... SB 334 Crimes and offenses; crimes against judges and court personnel; increase punishment...........................................................................................HB 1002 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................ SB 529 Criminal damage to property; first degree; change provisions ..............................HB 821

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6210

INDEX

Criminal offense; increase value of items sold to political subdivisions; provisions...........................................................................................................HB 1160
Criminal offenses; cruelty to animals; revise provisions .....................................HB 1146 Criminal street gang activity; school safety zones; increase penalty .....................HB 213 Dangerous drugs; Salvinorin A; include ..............................................................HB 1021 Deposit account fraud; definition of consideration; revise.....................................HB 861 Due Process Restoration Act; enact........................................................................HB 876 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Electronic Mail Fraud; definitions; prohibit a person from using certain
computers to retransmit commercial email to deceive recipients.......................... SB 59 Electronic tracking device; location of person without consent; prohibit................HB 16 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; laws concerning carrying of concealed weapons; revise
comprehensively .................................................................................................. SB 291 Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Firearms; training of licensed persons; provide .....................................................HB 259 Freedom of Choice and Security Act; enact...........................................................HB 873 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Gambling; cruise ships may engage in lawful gambling while in transit;
provisions...........................................................................................................HB 1011 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Gambling; pari-mutuel betting on horse and dog races; authorize.........................HB 641 Gambling; prohibit cockfighting; provisions .........................................................HB 987 Gambling; regulation and licensing of bingo; repeal provisions..........................HB 1003 General Assembly; pari-mutuel betting on horse and dog races;
provisions - CA....................................................................................................HR 534 Georgia Bureau of Investigation; provide with authority to investigate
certain offenses involving fraudulent real estate transactions ............................. SB 371 Georgia Commercial Mortgage Fraud Act; enact; provisions .............................HB 1271 Georgia Firearms Freedom Act; enact..................................................................HB 1238 Georgia Government Transparency and Campaign Finance Act of 2010;
enact ...................................................................................................................HB 1473 Georgia Prescription Monitoring Program Act; enact............................................HB 273 Georgia StopMeth Log; establish; electronically recording the identity;
provide statement of purpose; definitions; misdemeanor penalty ......................... SB 56 Governmental office abuse; malfeasance offense; provide..................................HB 1189 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Health and morals; wireless telephone sales to persons under 18; prohibit .........HB 1520 Housing Authorities Law; certain past offenses; not disqualify applicants;
provide .................................................................................................................HB 113

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INDEX

6211

Identity fraud; include businesses as potential identity theft victims; revise ..................................................................................................................HB 1016
Juvenile proceedings; change provisions; smash and grab burglary designated as felony; provide ............................................................................HB 1104
Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ................................................................................................ SB 299
Kidnapping; change certain provisions ....................................................................HB 27 Kidnapping; change certain provisions ....................................................................HB 28 License to carry handgun; persons complete handgun safety course;
provisions...........................................................................................................HB 1152 License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address;
provide .................................................................................................................HB 260 Local governments; constitutional zoning authority; remove prohibition ...........HB 1384 Minors; electronically furnishing obscene material; include
prohibit cellular telephones................................................................................HB 1334 Minors; sale of cigarette and tobacco objects; blunt wraps; provide
regulation ...........................................................................................................HB 1440 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Pistol or revolver license; training for certain persons; license
shall include photograph and current address; provide .......................................HB 835 Prenatal Nondiscrimination Act; enact.................................................................HB 1155 Probation Detention Center; sentencing and confinement of
certain defendants; permit credit for time.............................................................. SB 65 Property; sales to political subdivisions; maximum amount exempt;
increase ..............................................................................................................HB 1007 Public Administration; offenses; clarify crime of impersonating
an officer include firefighter/public safety personnel.......................................... SB 343 Public health and morals; offense of cruelty to animals; change
provisions...........................................................................................................HB 1153 Public health and morals; smoking in vehicles with child passenger;
provide for crime ...............................................................................................HB 1423 Public health and morals; tattooing near the eye; change certain
provisions.............................................................................................................HB 180 Public retirement or pension membership; public employment
related crime; provisions....................................................................................HB 1111 Public transportation; regulation; provide ..............................................................HB 839 Quality Basic Education Act; state assessments tampering a
misdemeanor; provisions ...................................................................................HB 1121 Reckless conduct; assaults with intent to transmit HIV or hepatitis;
increase penalty......................................................................................................HB 47

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6212

INDEX

Registered nurses and physicians assistants; protocol agreement; provisions...........................................................................................................HB 1250
Residential mortgage fraud; the offense; modify certain provisions........................HB 42 Retirement; include unlawful acts to mandatory uniform assessments;
provide ...............................................................................................................HB 1207 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; theft crimes; transaction records;
change provisions ..............................................................................................HB 1373 Secondary metals recyclers; vehicles used to transport stolen metals;
provide forfeiture .................................................................................................HB 497 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual offenses; assault against persons in custody; change
certain provisions.................................................................................................HB 897 Sexual offenses; gender neutrality in incest offense; provide ..............................HB 1183 Sexual offenses; minimum age for prosecution; mandate......................................HB 582 Sexual offenses; minimum age to prosecute prostitution and
masturbation for hire; mandate ..........................................................................HB 1256 Sexual offenses; rape include both genders; change definition............................HB 1201 Sexual offenses; sexual assault against a person under care
or supervision; provisions....................................................................................HB 611 Sexual offenses; sexual assault; change certain provisions....................................HB 886 "Smash and Grab Act"; add additional offenses to the definition
of "designated felony act"; increase the penalty for burglary.............................. SB 423 Stalking cases; protection orders; include animals; allow......................................HB 574 Stalking; violating family violence court order; provide a definition ....................HB 433 State Authority and Anti-racketeering Act; enact ..................................................HB 880 State Authority and Deposit Security Act; enact....................................................HB 878 Street gang terrorism and prevention; expand and change provisions .................HB 1015 Theft offense; designated disaster area; provide ..................................................HB 1208 Truth in Testimony Act; require an oath for purposes of presenting
certain evidence to committee/subcommittee of General Assembly....................... SB 7 Unruly children; zero tolerance policy on weapons in schools;
change provisions ..............................................................................................HB 1108
CRIMINAL PROCEDURE Accusations; trial in all cases except serious violent felonies; allow.......................HB 11 Bonds for good behavior; application and notice for show cause hearing; provisions...........................................................................................................HB 1171 Continuances; witness on active duty; change provisions .....................................HB 896 Corrections, Department of; amend various titles; provisions .............................HB 1030 Corrections, Department of; punishment for serious violent offenders; provide ...................................................................................................................HB 84

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INDEX

6213

Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323
Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Death penalty; moratorium; provisions ................................................................HB 1312 Drivers' licenses; felony offense demarcated on driver's license;
provisions.............................................................................................................HB 572 Electronic pretrial release and monitoring; surety for a bond;
clarify provisions ...............................................................................................HB 1052 Georgia Crime Victims Emergency Fund; eligible persons file a claim;
provisions...........................................................................................................HB 1081 Georgia Indigent Defense Act of 2003; extensively revise; provide for the
Georgia Public Standards Agency; director; powers/duties .................................. SB 42 Juvenile proceedings; change provisions; smash and grab burglary
designated as felony; provide ............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving
credit for time served ........................................................................................... SB 400 Juvenile proceedings; detention; change provisions ............................................HB 1144 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Law enforcement officers; arrest; revise certain provisions.....................................HB 87 Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 Plea discussions; guilty or nolo contendere; certain requirements;
provisions.............................................................................................................HB 392 Proceedings; provide for certain children found incompetent to stand trial .......... SB 391 Recognizance bonds; persons charged with certain crimes; limit .........................HB 889 Repeat offenders; fourth felony offense punishment; change provisions ..............HB 901 Sentencing and imposition of punishment; procedure; repeal
certain provisions.................................................................................................HB 111 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on
residences, workplaces, and activities; change/enact provision of law............... SB 157 Street gang terrorism and prevention; expand and change provisions .................HB 1015 Violent offenders; good behavior credit days; provide ..........................................HB 679 Warrants for arrest; persons who may issue warrants; provisions .........................HB 199
CRISP COUNTY Cordele-Crisp County Fish Fry; recognize...........................................................HR 1229

D
DADE COUNTY Dade County Water and Sewer Authority; composition; provide........................HB 1468

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6214

INDEX

DAHLONEGA, CITY OF; special elections; provide .........................................HB 1042
DALTON, CITY OF Levy excise tax; authorize ....................................................................................HB 1447 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall............................................................................................................... SR 274
DAWSON COUNTY Ad valorem tax; educational purposes; provide homestead exemption ...............HB 1326 Ad valorem tax; educational purposes; provide homestead exemption ...............HB 1327 Ad valorem tax; provide homestead exemption ...................................................HB 1333 Redevelopment Powers Law; authorize ...............................................................HB 1491
DEAF PERSONS (See Handicapped Persons)
DEATH PENALTY Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Death penalty; impose with unanimous verdict; provisions.....................................HB 32
DEBTOR AND CREDITOR Consumer reporting agencies; identical report to consumer and creditor; require.............................................................................................HB 197 Selling and trade practices; certain practices by credit card companies; prohibit...............................................................................................................HB 1456
DECATUR COUNTY Board of commissioners; voting and removal from office; change provisions ..............................................................................................HB 1281 Bobby Walden Highway; dedicate ...........................................................................HR 31
DECATUR, CITY OF Authorize all redevelopment/other powers; provide a referendum........................ SB 279 Corporate city limits; change................................................................................HB 1062 Kaiser Permanente; Downtown Decatur Medical Office; commend ...................HR 1224
DEFENSE, DEPARTMENT OF John McHugh, Secretary of the Army; Fort Hood shootings; unborn child as victim; urge ..............................................................................HR 1294

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INDEX

6215

DEFINED CONTRIBUTION PLAN Georgia Defined Contribution Plan; make lump sum payment upon death; change ..............................................................................................HB 960 Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide...........................................................HB 211
DEKALB COUNTY Ad valorem tax; provide homestead exemption ...................................................HB 1320 Ad Valorem Taxes; extend exemption for another five-year period...................... SB 544 Compensation of sheriff; change certain provisions ..............................................HB 777 DeKalb County Boards of Education and Commissioners; after school activities; provide ...................................................................................HR 2041 DeKalb School Board Transparency Act; enact.....................................................HB 888 District services; change definition ......................................................................HB 1508 Governing authority officers; revisions......................................................................HB 7 Joe Burton Memorial Highway; DeKalb County; dedicate .................................HR 1108 School district ad valorem tax; provide homestead exemption..................................HB 8 State Court of DeKalb County; certain fees; change............................................HB 1450
DENTISTS AND DENTAL HYGIENISTS Georgia Board of Dentistry; independent agency; provide..................................HB 1454
DEVELOPMENT AUTHORITIES LAW Development authorities; change a certain definition ..........................................HB 1388 Local government; bond proceeds; provide procedures.........................................HB 203 Local government; members of authorities; conflicts of interest; revise provisions ................................................................................................HB 1304
DEXTER, TOWN OF; municipal corporate limits; change .................................HB 1478
DISABLED PERSONS (See Handicapped Persons)
DIVORCE (See Domestic Relations)
DOGS Animals; dangerous and vicious dogs; revise provisions.....................................HB 1280 House Study Committee on Dangerous Dogs; create ............................................HR 625
DOMESTIC RELATIONS Adoption records; nonidentifying medical information open to certain persons; provide.................................................................................HB 1159 Alimony; determining amount; not consider certain events; provide ....................HB 954

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6216

INDEX

Child Support Recovery Act; IV-D agency support orders; change provisions...........................................................................................................HB 1118
Civil Practice; grounds of exercise; personal jurisdiction over nonresidents involved in domestic relation cases; provisions ............................. SB 491
Corrections, Department of; amend various titles; provisions .............................HB 1030 Domestic relations; international marriage brokers; provide regulation..............HB 1433 Ethical Treatment of Human Embryos; unlawful for any person
to knowingly create an in vitro human embryo by any means............................ SB 169 Family violence and stalking protective order registry; repeal article ...................HB 536 Family violence situations; protection for family pets; provide.............................HB 429 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Juvenile proceedings; retired judge may perform marriage ceremonies;
provide ...............................................................................................................HB 1078 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Privilege; confidentiality of communications between husband and wife;
change certain provisions.....................................................................................HB 840 Sexual offenses; minimum age to prosecute prostitution and
masturbation for hire; mandate ..........................................................................HB 1256 State Commission on Family Violence; date which commission
cease to exist; repeal ............................................................................................HB 385 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296
DORAVILLE, CITY OF Municipal elections; provisions..............................................................................HB 790 Redevelopment Powers Law; authorize .................................................................HB 789
DOUGHERTY COUNTY Albany, City of; Dougherty County; create the consolidated government of Albany-Dougherty County; provide for status, boundaries, and powers........................................................................................ SB 538 Albany-Dougherty County; consolidated and unified government; create............HB 800 State highway system; certain portions; dedicate.................................................HR 1513
DOUGLAS, CITY OF Coffee County Veterans Highway; Coffee County; dedicate ..............................HR 1684 James C. Moore Corridor; dedicate........................................................................HR 292
DOUGLAS COUNTY Alpha Fowler, Junior, Memorial Bridge; Douglas County; dedicate...................HR 1385 Deputy Blake Gammill Memorial Highway; Douglas County; dedicate.............HR 1384

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INDEX

6217

Douglasville-Douglas County Water and Sewer Authority; board of directors; amend ..................................................................................HB 1511
State highway system; certain portions; dedicate.................................................HR 1513 State of Georgia property; certain counties; nonexclusive easements;
authorize.............................................................................................................HR 1588
DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; board of directors; amend ..................................................................................HB 1511
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver training; colleges offering courses; eliminate exception...........................HB 1035 Drivers and drivers' licenses; change provisions....................................................HB 396
DRIVERS LICENSES Driver clinics and programs; assessment fees for approved programs; increase ................................................................................................................HB 454 Driver Services, Department of; measure effectiveness of online courses; provisions.............................................................................................HB 1036 Drivers and drivers' licenses; change provisions....................................................HB 396 Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number ....................... SB 287 Driver's license; minor of disabled guardian; valid instruction permit; provisions.............................................................................................................HB 258 Drivers' License; provide for notation; post traumatic stress disorder; members of armed services/veterans ................................................................... SB 419 Drivers' licenses; defense for drivers; no vision condition restriction; provide ...............................................................................................................HB 1224 Drivers' licenses; driving while license suspended or revoked; change certain provisions.....................................................................................HB 494 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception ...................................................... SB 67 Drivers' licenses; examinations; only in English language; provide......................HB 533 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement ................................................................................ SB 2 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Drivers' licenses; following a five-year revocation or suspension; certain conditions met; provisions .......................................................................HB 612 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ............................................................................................................HB 21 Drivers' licenses; licensed defensive driving courses; provisions..........................HB 538 Drivers' licenses; suspend Class M driving upon conviction; provisions ............HB 1017

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6218

INDEX

Drivers' licenses; suspended or revoked; clarify a defense ....................................HB 554 Driver's Licenses; suspension of a license when driving on restricted
licenses; provisions .................................................................................................. SB 6 Driving Permits; allow issuance of a limited driving permit; person
convicted of driving under the influence subject to certain conditions............... SB 180 Elections; provide for online voter registration; procedures .................................. SB 406 Fees; change amount; provisions..........................................................................HB 1055 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Habitual violators and probationary licenses; notification status;
change certain provisions.........................................................................................HB 9 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing
Texting While Driving"; establish ...................................................................... SB 360 Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Motor vehicles; revocation of licenses; wireless telecommunication
devices; prohibit use ............................................................................................HB 938 Motor vehicles; taxicab and limousine definitions; "In God We Trust"
license plate decal; Zoo Atlanta; provide ..........................................................HB 1005 Motor vehicles; taxicab and limousine; registration and titling; provisions ........HB 1404 Penal institutions; Department of Probation/Parole Community
Based Supervision; create......................................................................................HB 78 Right to Travel Act; enact.......................................................................................HB 875 The Billy Foulke Seatbelt Act; enact......................................................................HB 142
DRIVING UNDER THE INFLUENCE, DUI Driving under the influence; convicted have ignition interlock device installed; provisions................................................................................HB 1124 General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648
DUNWOODY, CITY OF; ad valorem tax; provide homestead exemption .........HB 1319

E
EARLY COUNTY South Georgia Regional Information Technology Authority; change certain provisions...................................................................................HB 1010
EAST POINT, CITY OF; levy excise tax; authorize ...........................................HB 1355

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6219

ECONOMIC DEVELOPMENT, DEPARTMENT OF Economic Development, Department of; program to provide certain grants to small businesses; establish........................................................HB 556 Legislative Economic Development Council; create ............................................. SB 374
ECONOMY AND ECONOMIC DEVELOPMENT Georgia Economy Investment Act; enact.............................................................HB 1409 State Council of Economic Advisors; creation; provide composition, duties, and responsibilities................................................................................... SB 480
EDUCATION Agriculture; farm to school program to promote Georgia-grown products; provide .................................................................................................HB 847 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 566 Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia................................................................................................................. SB 238 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ........................................................................ SR 464 Boards of education; member possess high school or general educational development diploma; provisions ..................................................HB 1445 Boards of education; nonbinding advisory referendum; school uniforms; provide ...............................................................................................................HB 1417 Boards of education; salary reductions for school administrators; urge ..............HR 1782 Brief period of quiet reflection; accommodate freedom of religion; clarify ........HB 1459 Building Resourceful Individuals to Develop Georgia's Economy Act; enact .....................................................................................................................HB 400 Cancelable educational loans; State Veterinary Education Board; provisions...............................................................................................................HB 62 Carrying weapons; school safety zones; provide punishment................................HB 573 Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal.............................................................................................. SR 1199 Charter schools; charter requirements; change a provision....................................HB 537 Colleges of agriculture; Department of Agriculture jurisdiction; transfer - CA ......................................................................................................HR 1590 Core curriculum; students complete 40 hours service learning; require ..............HB 1418 Disciplinary tribunals; same hearing panel for incidents of two or more students; provisions..............................................................................HB 1413 Driver training; colleges offering courses; eliminate exception...........................HB 1035 Dropout Deterrent Act; enact .................................................................................HB 634

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6220

INDEX

Early care and learning; fingerprint records checks; require....................................HB 70 Early Care/Education Programs; provide for certain procedures
subsequent to death occurring in a family day-care home, group-day care ..................................................................................................... SB 451 Education Improvement Districts; provide creation and comprehensive regulation -CA ..................................................................................................... SR 153 Education, Department of; develop model program for performing arts; provisions.............................................................................................................HB 680 Education, Department of; implement safe guards for recruitment of 17-year-olds; urge..........................................................................................HR 1219 Education, Department of; inform students about dangers of explicit or graphic texts; urge ............................................................................HR 1950 Education; compulsory attendance; provisions ......................................................HB 524 Education; definition of "textbook" includes digital content ................................. SB 319 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts .................................. SB 496 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements ..................................................................... SB 231 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .................................... SB 239 Education; Professional Standards Commission; criminal background checks; provisions..............................................................................................HB 1103 Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation.................. SB 426 Education; provide for enrollment counts for students in certain dual enrollment programs .................................................................................... SB 521 Education; provide local board of education may act on petition for a conversion charter school for a high school cluster; referendum ............... SB 457 Education; public schools maintain recycling program; mandate..........................HB 943 Education; require as part of course of study in secondary health education a course of study in basic first aid....................................................... SB 298 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students............. SB 392 Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility ................................. SB 340 Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals.................. SB 518 Education; student scholarship organizations; repeal.............................................HB 175 Education; Teacher Loan Program; provide...........................................................HB 851 Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions .................................... SB 250 Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11............................................................. SB 160

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INDEX

6221

Educational loans; service cancelable; State Veterinary Education Board; change certain provisions.........................................................................HB 234
Educational programs; bilingual certification on high school diplomas; provide .................................................................................................................HB 208
Educational programs; grants to encourage lengthening of school year; provide .................................................................................................................HB 758
Educational programs; placement and promotion policies for grades one, two, four, six, and seven; provisions ................................................HB 501
Educators' Salary Protection Act; enact; prohibit furloughs; local school system personnel when local reserve funds are available ................................... SB 515
Elections; county board of education members; nepotism restrictions; remove .................................................................................................................HB 924
Elections; county board of education members; provide limited exception ..........HB 937 Elementary and secondary education; annual contracts; temporarily
extend deadlines...................................................................................................HB 906 Elementary and secondary education; genetically modified
or processed foods; prohibit use ..........................................................................HB 698 Elementary and secondary education; kindergarten program;
810 hours per school year; provisions .................................................................HB 198 Elementary and secondary education; local board reassign bullying
student; authorize.................................................................................................HB 668 Elementary and secondary education; mandatory attendance;
revise certain provisions ......................................................................................HB 576 Elementary and secondary education; mandatory attendance;
revise provisions ................................................................................................HB 1031 Elementary and secondary education; provide information concerning
human papillomavirus; require ............................................................................HB 736 Elementary and secondary education; school funding; new and
refurbished school buses; enact provisions..........................................................HB 936 Fees; change amount; provisions..........................................................................HB 1055 Gender discrimination; Department of Education; annual gender
equality reporting; remove requirements.............................................................HB 910 General Assembly; local education boards pay election expenses;
require - CA .......................................................................................................HR 1651 Georgia Closing the Achievement Gap Commission; create .................................HB 252 Georgia Education Authority; Georgia State Financing and
Investment Commission construction services; provide utilization ....................HB 700 Georgia Foundation for Public Education; establish; provide
for membership, powers, duties, purpose ............................................................ SB 427 Georgia High School Association; athletes undergo heart screenings; urge........HR 1889 Georgia Higher Education Assistance Corporation; guaranteed
educational loans; provide ...................................................................................HB 311

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6222

INDEX

Georgia Master Teacher Program; provide bonus; Distinguished Teacher Leader Certification; establish ...............................................................HB 282
Georgia Military College; eligible for HOPE grants; provide ...............................HB 162 Georgia Student Finance Authority; engineering field loans;
Peace Corps volunteers; deferred payment; provide .........................................HB 1402 Georgia Student Finance Commission; provide for career
counseling/advisement for students in grades 6 through 12................................ SB 387 Georgia Virtual School Opportunity and Enrichment Act; enact ..........................HB 281 Graduating Everyone Matters Act; enact ...............................................................HB 215 High school athletics; interscholastic competition; provisions ..............................HB 161 HOPE; provide person shall be legal Georgia resident to be
eligible for a HOPE GED voucher ...................................................................... SB 341 House Study Committee on Regional Educational Service Agencies;
create ....................................................................................................................HR 642 House Study Committee on Uniforms in Public Schools; create...........................HR 886 International education; Georgia colleges and universities; urge.............................HR 77 Intradistrict transfers; permanent classroom space not include
temporary buildings; provide...............................................................................HB 966 Jaheem Herrera-Bianca Walton Safe School Climate Act; enact ..........................HB 940 Local ad valorem tax; reduce or eliminate with 1 percent sales tax;
authorize - CA....................................................................................................HR 1432 Local Boards of Education; election; revise provisions ........................................... SB 84 Local boards of education; establish policy to wear school uniforms;
require ..................................................................................................................HB 704 Local boards of education; members employed by school system;
prohibit...............................................................................................................HB 1110 Local Boards of Education; provide for adoption of codes of
ethics to govern members; annual review of such codes....................................... SB 36 Local boards of education; retrofit school buses with pollution
control devices; urge..........................................................................................HR 1166 Local boards of education; solicit and accept donations for field trips;
authorize.............................................................................................................HB 1200 Local School Systems/Postsecondary Institutions; value of partnership;
recognize.............................................................................................................. SR 465 Lottery funds; used for programs to assist learning disabled children;
provide - CA ......................................................................................................HR 1480 Mandatory education; reimbursement to school system for parent notice;
provide ...............................................................................................................HB 1415 Mandatory education; unexcused absence notice sent by
United States mail; provide .................................................................................HB 925 Maximum class size; certain laws and requirements; temporarily suspend.........HB 1130 Minimum school year; requirements of start date; provide..................................HB 1097 Official Code of Georgia Annotated; amend several titles ..................................HB 1356

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6223

Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Overtaking a school bus; reporting violations; enforced by video
images; define terms ..........................................................................................HB 1374 Parent Protection Act; enact .....................................................................................HB 37 Performance Based Principal Certificate Renewal Design Team;
establish ............................................................................................................... SR 466 Professional Standards Commission; Certification and Professional
Learning Task Force; create ..............................................................................HR 1485 Public high schools; option to not release information to military
recruiters; provide ..............................................................................................HB 1457 Public officers and employees; school board members in bail
bond business; modify provisions .......................................................................HB 980 Public property; writing off small amounts due to state; University
System of Georgia; provisions...........................................................................HB 1128 Public school tribunals; report expulsions for bringing weapons
to school; provisions ..........................................................................................HB 1113 Public School; reporting by local boards of education regarding
expulsion/disciplinary actions for students bringing weapons to school ............ SB 332 Public schools disciplinary tribunals; bullying; expand definition ........................HB 927 Public schools; bullying; revise provisions ............................................................HB 882 Quality Basic Education Act; bill of rights for teachers; enact ............................HB 1316 Quality Basic Education Act; capital outlay funds; provisions..............................HB 905 Quality Basic Education Act; certain expenditure controls; temporarily
waive....................................................................................................................HB 908 Quality Basic Education Act; criterion-referenced competency tests;
eliminate.............................................................................................................HB 1132 Quality Basic Education Act; direct instructional costs; temporarily
waive certain expenditure controls ......................................................................HB 278 Quality Basic Education Act; distribution method for equalization
grants; provisions.................................................................................................HB 904 Quality Basic Education Act; early admission into kindergarten
or first grade; provisions ......................................................................................HB 854 Quality Basic Education Act; early admission to kindergarten
or first grade; provisions ......................................................................................HB 829 Quality Basic Education Act; guaranteed valuation school system;
revise definition ...................................................................................................HB 279 Quality Basic Education Act; include growth model; assign ratings;
provisions...........................................................................................................HB 1100 Quality Basic Education Act; Love Is Not Abuse Curriculum; incorporate........HB 1018 Quality Basic Education Act; organization of schools, programs, and
scheduling; revise certain provisions...................................................................HB 907 Quality Basic Education Act; preparatory tests for college entrance
exams; provide.....................................................................................................HB 547

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6224

INDEX

Quality Basic Education Act; restore salary increases for certification; provisions...........................................................................................................HB 1136
Quality Basic Education Act; salary schedules for certificated personnel; revise provisions ................................................................................HB 923
Quality Basic Education Act; state assessments tampering a misdemeanor; provisions ...................................................................................HB 1121
Quality Basic Education Act; state funds for salary increase; prohibit..................HB 977 Quality Basic Education Act; testing windows for state assessments;
provide .................................................................................................................HB 336 Quality Basic Education Formula; no voucher enforced unless
funded by General Assembly; provide ................................................................HB 649 Quiet reflection period; accommodate freedom of religion; clarify.....................HB 1411 Religious Viewpoints Antidiscrimination Act; enact...............................................HB 33 Retired teachers; speech-language pathologist; return full-time;
provisions.............................................................................................................HB 650 Salary Protection Act; enact .................................................................................HB 1397 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ...................................................................................HB 951 Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax exemption; certain school supplies; provide..............................HB 952 Sales and use tax; authorize homestead option tax for education;
provisions...........................................................................................................HB 1051 Sales and use tax; board of education levy tax for educational purposes;
authorize - CA....................................................................................................HR 1238 Sales and use tax; county tax for educational purposes; revise............................HB 1020 Sales and use tax; distributed for educational purposes; provisions - CA ...........HR 1105 Sales and use tax; educational purposes; provide - CA........................................HR 1203 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1109 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1110 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1111 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1112 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 932 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 933 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 928 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 929 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 930 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 931 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Sales and use tax; sales tax on high school or college athletic
event tickets; provisions.....................................................................................HB 1227 School attendance; age of mandatory education; revise.......................................HB 1064

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INDEX

6225

School bus operation; establish procedures for unloading children under eight; require............................................................................................HB 1412
School construction; within 500 feet of freeway or traffic corridor; prohibit...............................................................................................................HB 1428
School sites; acquiring and disposing; sale or conveyance; provisions .................HB 703 School year; earliest start date; provide..................................................................HB 995 Speed detection devices; school zones; certain restrictions not apply ...................HB 287 State Board of Education; home study student; dual enrollment program;
provide .................................................................................................................HB 423 State Board of Technical and Adult Education; change name
to State Board of the Technical College System of Georgia...............................HB 301 State Board of Technical and Adult Education; encourage to
initiate programs in ecological job training ....................................................... SR 1145 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State government; revenue and taxation; educational purposes;
change provisions ..............................................................................................HB 1013 Student assessment program; temporary waiver if insufficient
funds appropriated; provide...............................................................................HB 1276 Student immunizations; parent or guardian may exempt child; provide................HB 834 Student scholarship organizations; revise definition; provisions ...........................HB 394 Student-Athletes Right to Know Act of 2010; enact............................................HB 1406 Students; parent conferences for failing grades; provisions.................................HB 1232 Teacher Access to Resources Act; enact ................................................................HB 503 Teacher certification; authorize additional payment methods;
clearance certificates; provisions .......................................................................HB 1079 Teacher certification; learning requirements for renewal; temporarily
suspend...............................................................................................................HB 1307 Teacher sick and personal leave; compensate for furlough days;
provisions...........................................................................................................HB 1205 Teachers Retirement System of Georgia; any full-time public
school employee may elect to become a member; provide .................................HB 849 Technical college or institution; legislative approval for creation
or discontinuation; require...................................................................................HB 294 Technical College System of Georgia; certain nonlapsing revenue;
remove sunset provision ......................................................................................HB 894 Technical College System of Georgia; retirement and pensions;
provisions.............................................................................................................HB 266 United States Department of Education; financial support for
Hispanic students; urge......................................................................................HR 2037 University System Fiscal and Administrative Oversight Commission;
provide ...............................................................................................................HB 1352 University System of Georgia; American Sign Language credit; require............HB 1432

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6226

INDEX

University System of Georgia; report institutional profile information; require ..................................................................................................................HB 647
Veterans Day; public schools closed November 11; provide.....................................HB 3
EDUCATION, DEPARTMENT OF AND STATE BOARD OF Education, Department of; develop model program for performing arts; provisions.............................................................................................................HB 680 Education, Department of; implement safe guards for recruitment of 17-year-olds; urge..........................................................................................HR 1219 Education, Department of; inform students about dangers of explicit or graphic texts; urge ............................................................................HR 1950 Gender discrimination; Department of Education; annual gender equality reporting; remove requirements.............................................................HB 910 Sexual offenders; Department of Education; accessing the registry; revise certain provisions ......................................................................................HB 909
EFFINGHAM COUNTY Christian Leadership Academy; Effingham YMCA; commend ..........................HR 1149 Effingham County Day at the Capitol; January 25, 2010; recognize...................HR 1148
ELBERT COUNTY Office of chief magistrate; nonpartisan elections; provide.....................................HB 431 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
ELECTIONS Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 408 Campaign contributions; filing campaign disclosure reports; change provisions ..................................................................................................HB 34 Campaign contributions; person of an insurance corporation; not make contribution; provisions .....................................................................HB 1166 Courts; recusal of certain judges; provisions..........................................................HB 601 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late ......................................................... SB 17 Election; reporting of certain campaign contributions; require special expedited reporting .................................................................................... SB 70 Elections and primaries; voter registration; proof of United States citizenship; provisions ...........................................................................................HB 45 Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions ................................................................................................HB 665 Elections; absentee ballots to uniformed and overseas voters; provisions...........HB 1073

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6227

Elections; candidates file nomination petitions for ballot access; remove requirement ...........................................................................................HB 1425
Elections; conduct at polling places; text messaging or mobile devices; prohibit.................................................................................................................HB 548
Elections; county board of education members; provide limited exception ..........HB 937 Elections; electronic voting systems; tabulate absentee votes
when polls open; authorize ..................................................................................HB 780 Elections; handled by state registered voters; require ............................................HB 225 Elections; identification of campaign communications; provide
certain requirements.............................................................................................HB 569 Elections; incumbent for reelection as independent without
filing petitions; provide......................................................................................HB 1366 Elections; independent candidates have additional qualifying period;
provide ...............................................................................................................HB 1367 Elections; nonpartisan; certain officials; provide .....................................................HB 14 Elections; nonpartisan; certain officials; provide .....................................................HB 88 Elections; nonpartisan; certain officials; provide ...................................................HB 130 Elections; nonpartisan; certain officials; provide by local law ................................HB 85 Elections; nonpartisan; clerks of superior court; provide.......................................HB 135 Elections; nonpartisan; county commissioners; provide ........................................HB 133 Elections; nonpartisan; district attorneys; provide .................................................HB 136 Elections; nonpartisan; sheriffs; provide ................................................................HB 134 Elections; nonpartisan; sheriffs; provide ................................................................HB 913 Elections; nonpartisan; solicitors-general; provide ................................................HB 132 Elections; nonpartisan; tax receivers; provide........................................................HB 131 Elections; number of signatures for ballot access; reduce....................................HB 1141 Elections; presidential preference primary; change date........................................HB 848 Elections; provide for online voter registration; procedures .................................. SB 406 Elections; remove references to ballot cards; provisions .......................................HB 540 Elections; require candidates to file nomination petitions for
ballot access; remove .........................................................................................HB 1257 Elections; rotation of candidate names; provide...................................................HB 1032 Elections; superintendent establish polling places outside of
boundaries; authorize...........................................................................................HB 268 Elections; use of direct recording electronic voting systems
and machines; eliminate.....................................................................................HB 1215 Eligibility to vote; verification of citizenship; provisions - CA ...............................HR 12 Ethics in Government Act; filing campaign reports; change
certain provisions.................................................................................................HB 551 Ethics in government; file disclosure reports electronically;
State Ethics Commission; provisions ..................................................................HB 370 Ethics in government; funds transferred from one candidate's
campaign account to certain other accounts; limit amount .................................HB 855

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6228

INDEX

Ethics; campaign funds and contributions; provisions...........................................HB 920 Ethics; public officers; requirement to file and pay taxes; provisions ...................HB 911 Ethics; reforms; provide for lobbyist training; provide for expanded
lobbyist disclosure; change certain provisions ...................................................... SB 96 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 General Assembly; local education boards pay election expenses;
require - CA .......................................................................................................HR 1651 Georgia Election Code; general elections held in years specified
by law; provide ..................................................................................................HB 1253 Georgia Fund for Judicial Campaigns Act; enforce provisions .............................HB 892 Georgia Government Transparency and Campaign Finance Act of 2010;
enact ...................................................................................................................HB 1473 Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Lobbyists; expenditure reporting; provisions .........................................................HB 919 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Poll officers; Student Teen Election Participant program; provide......................HB 1114 Public office; contributions to candidates; change provisions ...............................HB 890 Public officials; presents from lobbyists; change certain provisions .....................HB 891 Qualification fees; nominally increase; provide...................................................HB 1297 State Ethics Commission; investigate conflict of interest violations;
provisions...........................................................................................................HB 1027 State House districts; election of Representatives; provisions ...............................HB 625 Tax defaulters; ineligible for public office; revise and strengthen - CA..............HR 1087 Vote; proof of identity; valid student identification; provide.................................HB 209 Voter registration; any qualified 16 year old student may preregister;
provisions...........................................................................................................HB 1335 Voter registration; proof of citizenship; provisions................................................HB 139
ELECTRIC UTILITIES AND ELECTRICAL SERVICE Energy purchase; solar photovoltaic energy; exclude ............................................HB 691
ELECTRICAL CONTRACTORS Contractors; allow utility contractors to bid upon/perform work on any utility system in this state......................................................................... SB 339 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195
ELECTRONIC TECHNOLOGY Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................ SB 470 Education; definition of "textbook" includes digital content ................................. SB 319

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6229

EMANUEL COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
EMERGENCY MANAGEMENT ACT Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms.......................................... SB 237 Emergency Defense of the Home Act; enact..........................................................HB 872 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Freedom from Compulsory Pandemic Act; enact ..................................................HB 871 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................ SB 315
EMERGENCY MEDICAL SERVICES Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Georgia Trauma Care Network Commission; add a definition; revise certain provisions ......................................................................................HB 363 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions......................................................................................HB 148 Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund .................. SB 156 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians ............... SB 233 Motor Vehicles; designate ambulances as emergency vehicles; exclude certain ambulance providers from certain permit requirements ............ SB 410 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund; provide .................................................................................................................HB 192
EMERSON, CITY OF Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317
EMINENT DOMAIN Eminent domain; condemnation of property; municipal or county approval; require ..................................................................................................HB 362 Eminent domain; condemnation of property; require - CA......................................HR 70

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6230

INDEX

EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT SECURITY Employment Security Law; develop drug testing program for unemployment; provisions.................................................................................HB 1163 Public assistance; random drug testing for recipients; provisions........................HB 1389 Self-employment Assistance Program; enact .........................................................HB 288
ENERGY Energy purchase; solar photovoltaic energy; exclude ............................................HB 691 Georgia Energy Freedom Act of 2010 ................................................................... SB 401 House of Representatives; development of Georgia's energy resources; express support ....................................................................................................HR 337 House Study Committee on Renewable Energy; create.......................................HR 1767 House Study Committee on the National Renewables Energy Portfolio Standards; create...................................................................................HR 777 Joint Study Committee for Clean Energy Technology; create .................................HR 10
ENGINEERS AND LAND SURVEYORS Professions and businesses; electronic signature for certain professions; provide ...............................................................................................................HB 1354 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195 State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide.....................................................HB 1117
ENVIRONMENTAL FACILITIES AUTHORITY Public Water Supply-Private Initiative Act; provide.............................................. SB 321 "Water System Interconnection, Redundancy, and Reliability Act"...................... SB 380
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources)
Congress; postpone effort to regulate greenhouse gases through Clean Air Act; request .......................................................................................HR 1357
Conservation and natural resources; level of registration required for Environmental Protection Division permits; specify ...................................HB 1368
Environmental Protection Agency; cease carbon dioxide reduction policies; urge......................................................................................................HR 1865
Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 242
Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244

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6231

Georgia Forest Product Fairness Act; provide statement of intent; General Assembly; granting of economic incentive to users of raw forest products...................................................................................................... SB 409
State Board of Technical and Adult Education; encourage to initiate programs in ecological job training ....................................................... SR 1145
EQUAL RIGHTS United States Constitution; religious organizations receive public aid; prevent discrimination - CA ................................................................................HR 567
ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Campaign contributions; filing campaign disclosure reports; change provisions ..................................................................................................HB 34 Campaign contributions; person of an insurance corporation; not make contribution; provisions .....................................................................HB 1166 Courts; recusal of certain judges; provisions..........................................................HB 601 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late ......................................................... SB 17 Election; reporting of certain campaign contributions; require special expedited reporting .................................................................................... SB 70 Elections; identification of campaign communications; provide certain requirements.............................................................................................HB 569 Ethics in Government Act; filing campaign reports; change certain provisions.................................................................................................HB 551 Ethics in government; file disclosure reports electronically; State Ethics Commission; provisions ..................................................................HB 370 Ethics in government; funds transferred from one candidate's campaign account to certain other accounts; limit amount .................................HB 855 Ethics; campaign funds and contributions; provisions...........................................HB 920 Ethics; public officers; requirement to file and pay taxes; provisions ...................HB 911 Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ...................................................... SB 96 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 Georgia Government Transparency and Campaign Finance Act of 2010; enact ...................................................................................................................HB 1473 Lobbyists; expenditure reporting; provisions .........................................................HB 919 Public office; contributions to candidates; change provisions ...............................HB 890 Public officials; presents from lobbyists; change certain provisions .....................HB 891 State Ethics Commission; investigate conflict of interest violations; provisions...........................................................................................................HB 1027 Tax defaulters; ineligible for public office; revise and strengthen - CA..............HR 1087

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6232

INDEX

EVIDENCE DNA analysis; persons arrested for felony offenses; provide ..............................HB 1033 Evidence; revise, supersede, and modernize provisions; provide definitions ..............................................................................................................HB 24 General Assembly; committees; witnesses and documents; authorize ..................HB 490 Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation...................... SB 252 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Privilege; confidentiality of communications between husband and wife; change certain provisions....................................................................................HB 840 Uniform Interstate Depositions and Discovery Act; enact.....................................HB 917
EXCISE TAX Distilled spirits; 33 excise tax option; provide ...................................................HB 1488

F
FAMILY (See Domestic Relations)
FAMILY COURT DIVISION Family Court Division; project duration determined by Fulton County Superior Court majority; provide..........................................................HB 1046 Superior Court of Fulton County; Family Court Division; change project duration ....................................................................................................HB 976
FAMILY VIOLENCE Family violence and stalking protective order registry; repeal article ...................HB 536 Family violence situations; protection for family pets; provide.............................HB 429 State Commission on Family Violence; date which commission cease to exist; repeal ............................................................................................HB 385
FANNIN COUNTY Fannin County Water Authority Act; enact............................................................HB 836 Fannin County Water Authority Act; enact..........................................................HB 1176 Magistrate Court clerk; appointed by chief magistrate; provide ..........................HB 1513
FAYETTE COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
FAYETTEVILLE, CITY OF; Redevelopment Powers Law; authorize..............HB 1075
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6233

FEDERAL GOVERNMENT Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 408 Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct...........................................................................................HR 1824 Attorney General Thurbert Baker; challenge federal health care reform legislation; urge......................................................................................HR 1822 Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist .........................HR 280 Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government......................................................................HR 492 Congress and President Obama; enact comprehensive immigration reform; urge .........................................................................................................HR 339 Congress of the United States; Honor and Remember Flag designation; urge ....................................................................................................................HR 1106 Congress; not transfer Guantanamo Bay detainees within Georgia or United States; request ....................................................................................HR 1400 Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583 Congress; pass Bridging Bank to Recovery Act; urge .........................................HR 1292 Congress; postpone effort to regulate greenhouse gases through Clean Air Act; request .......................................................................................HR 1357 Congressional leaders; allow viewing of health reform discussions; urge ..........HR 1114 Detention; counties demonstrate use of federal Department of Homeland Security's Secure Communities initiative; funding for housing state inmates ................................................................................................................. SB 385 "Employee Free Choice Act"; urge United States Congress to oppose any efforts to adopt................................................................................ SR 49 General Assembly; citizens not obligated to comply with appointed "czar"; declare....................................................................................................HR 1146 Georgia Congressional Delegation; support legislation to prevent carbon emissions regulation; urge .....................................................................HR 1649 Georgia's rights; nullify federal law that violates the United States Constitution; affirm .................................................................................HR 1825 Governor and Attorney General; sue Environmental Protection Agency to prevent carbon emissions regulation; urge.......................................HR 1650 Governor and transportation commissioner; acquire federal transit funding; urge...........................................................................................HR 1716 House of Representatives; development of Georgia's energy resources; express support ...................................................................................HR 337 Insurance; federal health care plans not offer abortion coverage; provide ..........HB 1517 Insurance; no state health care plan offer abortion coverage; provide.................HB 1527

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6234

INDEX

Labor union elections; urge Georgia Congressional Delegation to reject such measures ..........................................................................................HR 23
National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact................... SR 291
National Institutes of Health and the United States Congress; use of mercury; urge action .................................................................................HR 649
Obama, President Barack; Georgia Legislative Black Caucus; honorary member; recognize ...............................................................................HR 673
President and United States Congress; Mr. Cesar E. Chavez's birthday; national holiday; request......................................................................................HR 340
President and United States Congress; urged to support legislative efforts to reduce America's foreign oil dependence ..............................................HR 25
President Barack Obama; select Mr. Thomas J. Harrold, Junior as Ambassador to Germany; request ...................................................................HR 672
President Obama and Congress; reject legalizing illegal aliens; urge..................HR 1646 Presidential Preference Primary; establish candidate qualifications;
provide ...............................................................................................................HB 1516 State Authority and Federal Tax Funds Act; enact.................................................HB 877 State Government; no department/agency shall implement any
provision of federal health care reform legislation.............................................. SB 399 State income tax; federal reserve banks in Georgia shall not
be exempt; provide...............................................................................................HB 466 States' sovereignty; based on constitutional principles; affirm ..............................HR 773 Transportation, Department of; urged to seek waiver from
Federal Highway Administration to allow retail developments along interstate highway ................................................................................................ SR 822 United State Congress; urge to oppose efforts to adopt "Employee Free Choice Act"....................................................................................................HR 71 United States Congress; adopt Fair Tax Act; urge .................................................HR 821 United States Congress; adopt legislation that promotes jobs and energy development; request ......................................................................HR 1785 United States Congress; avoid wasteful projects; request ......................................HR 535 United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..............................................................................................HR 180 United States Congress; designate Mountaintown area as National Wilderness area; urge.........................................................................................HR 2244 United States Congress; fully fund Resources Conservation and Development Program; urge .......................................................................HR 1517 United States Congress; investigate fluctuation in oil and gas prices; urge...........HR 493 United States Congress; not decommission Coast Guard Security Team 91108; urge ..............................................................................................HR 1516 United States Congress; not pass legislation preventing state from collecting third-party hotel-motel tax; request..........................................HR 1484

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6235

United States Congress; pass legislation that addresses subprime consumer needs; request ......................................................................................HR 775
United States Congress; send legislatures repeal of Sixteenth Amendment; urge ................................................................................................HR 137
United States Congress; study FICA credit scoring system; urge..........................HR 884 United States Congress; support Georgia chicken growers; encourage.................HR 581 United States Constitution; religious organizations receive public aid;
prevent discrimination - CA ................................................................................HR 567 United States Department of Defense, Congress, and administration;
continue Yucca Mountain development; urge...................................................HR 1823 United States Department of Education; financial support for
Hispanic students; urge......................................................................................HR 2037 United States National Health Insurance Act; urge Congress to adopt..................HR 120 United States President and Congress; secure borders; reject
1986 legalization program repeat; urge .............................................................HR 1410
FINANCIAL INSTITUTIONS Financial institutions; protection of aged or incapacitated adults; provisions.............................................................................................................HB 636 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Income taxes; net capital gains excluded from state taxable income; provide .................................................................................................................HB 655 Mortgage lenders and brokers; escrow accounts; tax payments; provide method ....................................................................................................HB 398 Mortgage lenders and brokers; notice to customers of flood plain; provide........HB 1209 Obligations of a bank; certain renewals or restructuring of loans; exempt............HB 926 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296
FINES AND FORFEITURES Brain and Spinal Injury Trust Commission; may solicit funds; provide..............HB 1310 Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize...............................................................................................................HB 760 Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions ................................................ SB 112 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions ....................................... SB 173 Sunset revisions; repeal automatic expiration; provisions ...................................HB 1165
FIRE DEPARTMENTS Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440

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6236

INDEX

FIRE PROTECTION AND SAFETY Blasting operations; use of explosives in blasting; change provisions.................HB 1501 Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Georgia Fire Safety; sale of novelty cigarette lighters; prohibit ............................HB 535 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ............................................................................................... SB 299 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387
FIREARMS (Also, see Weapons) Carrying weapons; school safety zones; provide punishment................................HB 573 Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Firearms; training of licensed persons; provide .....................................................HB 259 Georgia Firearms Freedom Act; enact..................................................................HB 1238 License to carry handgun; persons complete handgun safety course; provisions...........................................................................................................HB 1152 License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address; provide .................................................................................................................HB 260 Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide .......................................HB 835 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 Public school tribunals; report expulsions for bringing weapons to school; provisions ..........................................................................................HB 1113 Sales and use tax exemption; ammunition and ammunition components; provide .................................................................................................................HB 707 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Unruly children; zero tolerance policy on weapons in schools; change provisions ..............................................................................................HB 1108

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6237

FIREFIGHTERS PENSION FUND Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440 Retirement and pensions; Georgia Firefighters' Pension Fund; define certain terms; provisions...........................................................................HB 546 Retirement and pensions; Georgia Firefighters' Pension Fund; define terms........................................................................................................HB 1150
FIREWORKS Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ................................................................................................ SB 299
FISH AND FISHING (See Game and Fish)
FLAG (See State Symbols)
FLOYD COUNTY Sergeant Jeffery Jordan Memorial Intersection; Floyd County; dedicate ............HR 1712 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
FOOD STANDARDS, LABELING, AND ADULTERATION Dairy Consumer Choice Act; enact ........................................................................HB 874 Food adulteration; Kosher foods; designate as reserved ........................................HB 941 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1177 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Georgia Packaged Food Origin Labeling Act; enact............................................HB 1525 Milk and milk products; change certain provisions..............................................HB 1098 Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact .................HB 883
FOOD, DRUGS, AND COSMETICS Brand name drugs; substitute generic drugs; provisions........................................HB 194 Dairy Consumer Choice Act; enact ........................................................................HB 874 Food adulteration; Kosher foods; designate as reserved ........................................HB 941 Food; Georgia Food Act enforcement; change certain provisions.........................HB 381 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1177 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Georgia Packaged Food Origin Labeling Act; enact............................................HB 1525 Hambone Jam; official Georgia State BBQ Championship competition; recognize..............................................................................................................HR 778 Insurance; pharmacy benefits managers; regulation and licensure ........................ SB 310 Milk and milk products; change certain provisions..............................................HB 1098

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INDEX

Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Pharmacy benefit manager; favor pharmacy prescription filling;
provisions.............................................................................................................HB 369 Prescription drugs; brand necessary indication applies to refills;
provisions.............................................................................................................HB 523 Prescription drugs; prescription information used for commercial
purposes; prohibit ................................................................................................HB 820 Prescription drugs; substitution of generic drugs; change certain
provisions.............................................................................................................HB 681 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Professions/Businesses; clarify applications submitted in prescribed
form not necessarily written document; provisions............................................. SB 195 Safe Medications Practice Act; enact .....................................................................HB 361 Sales and use tax exemptions; eligible food and beverages;
change certain provisions.....................................................................................HB 442 Sales and use tax exemptions; vending machine food and beverages;
provide ...............................................................................................................HB 1217 Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact .................HB 883
FORECLOSURE Ad valorem tax; foreclosure sales; determination of fair market value; provide ......................................................................................................HB 498 Foreclosure; allow right of redemption of mortgages; provisions .......................HB 1228 Foreclosure; change time for delivery of notice; provisions ..................................HB 899 Foreclosure; conditioning sale of foreclosed home; provisions ...........................HB 1460 Foreclosure; delivery of notice; change time; provisions.......................................HB 972 Foreclosures; notice to occupant of impending sale; provide ................................HB 761 Georgia Foreclosed Property Upkeep Act; enact ...................................................HB 627 Recording of foreclosures and deeds; timely filing of deed; provisions ..................HB 40 Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish .........................HB 508
FOREIGN GOVERNMENTS Israel; defense against Gaza Strip terrorism; solidarity........................................HR 2042
FORGERY AND FRAUDULENT PRACTICES Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program................................ SB 470 Crime; medical identity fraud; provide punishment............................................... SB 334 Deposit account fraud; definition of consideration; revise.....................................HB 861 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients.......................... SB 59 Identity fraud; include businesses as potential identity theft victims; revise ..................................................................................................................HB 1016

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6239

FORSYTH COUNTY Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Sergeant D.P. Land Memorial Bridge; dedicate.....................................................HR 441 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
FUEL (See Gas, Gasoline, and Gas Services)
FULTON COUNTY Board of Commissioners; duties of chairperson; provide ......................................HB 648 Chattahoochee Hills Country, City of; mayor and council; change the terms; provide for elections ........................................................................... SB 487 Chattahoochee Hills, City of; increase the homestead exemption ad valorem taxes for municipal purposes; residents 65 years of age or older.......... SB 536 Mark Burkhalter Parkway; Fulton County; dedicate............................................HR 1685 McPherson Implementing Local Redevelopment Authority; membership; modify provisions ........................................................................HB 1512 Public Property; conveyance; 11 counties............................................................ SR 1083 Roswell, City of; office of mayor not held more than three terms; provide ........HB 1299 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588 Superior Court of Fulton County; Family Court Division; change project duration ....................................................................................................HB 976
FUNERAL DIRECTORS AND EMBALMERS Disposition of cremains; veterans; provide ..........................................................HB 1421 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195
FUNSTON, CITY OF Election and terms of mayor and councilmembers; provide ................................HB 1089

G
GAINESVILLE, CITY OF Ad valorem taxes; educational purposes; provide homestead exemption............HB 1255
GAMBLING Casino gambling; dedicate taxation revenue; authorize - CA ..............................HR 1784 Cockfighting; punishments; provisions ..................................................................HB 109 Gambling; coin operated amusement machines; revise definitions .......................HB 293

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6240

INDEX

Gambling; cruise ships may engage in lawful gambling while in transit; provisions...........................................................................................HB 1011
Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Gambling; pari-mutuel betting on horse and dog races; authorize.........................HB 641 Gambling; prohibit cockfighting; provisions .........................................................HB 987 Gambling; regulation and licensing of bingo; repeal provisions..........................HB 1003 General Assembly; law for pari-mutuel wagering on horse racing;
provide - CA ......................................................................................................HR 1177 House Study Committee on Video Gambling Machines; create..........................HR 1359 State government; pari-mutuel wagering or betting on horse racing;
provisions...........................................................................................................HB 1168
GAME AND FISH Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Game and fish; certain licenses for exotic game; define terms ............................HB 1270 Game and fish; taking of nongame species; change certain provisions .................HB 603 Hunting and fishing licenses; military veteran entitled to honorary license; provide ..................................................................................................HB 1187 Hunting; permits to kill deer; damage to crops; change certain provisions ...........HB 570 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Natural Resources, Board of; rules and regulations; watercraft; penalty of violations; change certain provisions ................................................... SB 72 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669 Seafood; possessing weakfish; change certain provisions ...................................HB 1058 Season and bag limit; open seasons; change certain provisions.............................HB 402 Seasons and bag limits; bears; change limits........................................................HB 1000 South Atlantic Fishery Management Council; not prohibit Atlantic Ocean bottom fishing; urge................................................................................HR 1948 Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 United States Congress; designate Mountaintown area as National Wilderness area; urge.........................................................................................HR 2244 Wild animal licenses; noncommercial and educational; provide .........................HB 1185 Wildlife; quality deer management program permits; provisions........................HB 1175 Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times ................. SB 474 Wildlife; use of certain drugs on wildlife; regulate................................................HB 416
GARDEN CITY, CITY OF Andy Quinney Overpass; Garden City; dedicate .................................................HR 1299 Corporate city limits; extend ................................................................................HB 1495 Deannex property; provide .....................................................................................HB 772

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6241

GAS, GASOLINE, AND GAS SERVICES Natural gas; Public Service Commission charge for gas used where poultry raised; provide ............................................................................HB 1043
GENERAL ASSEMBLY 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create.......................HB 1405 Ad valorem tax exemption; net job producing jurisdictions; provide - CA .........HR 1448 Adjournment; relative to.......................................................................................HR 1091 Adjournment; relative to.......................................................................................HR 1262 Adjournment; relative to.......................................................................................HR 1514 Adjournment; relative to.......................................................................................HR 1995 Adjournment; relative to....................................................................................... SR 1120 Adjournment; relative to....................................................................................... SR 1322 Adjournment; relative to....................................................................................... SR 1423 Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA .................................... SR 1 Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct...........................................................................................HR 1824 Citizens' Redistricting Commission; create - CA...................................................HR 229 Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist .........................HR 280 Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government......................................................................HR 492 Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583 Congress; pass Bridging Bank to Recovery Act; urge .........................................HR 1292 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Elections; nonpartisan; certain officials; provide by local law ................................HB 85 Excise tax; cigarettes; proceeds to health care; provide - CA ..............................HR 1652 Fiscal bills; impact on revenues or expenditures of school system; require fiscal note...............................................................................................HB 1339 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 150 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 151 General Appropriations Act; State Fiscal Year 2009 - 2010; change certain appropriations ..............................................................................HB 949 General Appropriations; State Fiscal Year July 1, 2010 - June 30, 2011 ..............HB 948 General Assembly Convened; notify Governor ..................................................... SR 796 General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648

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INDEX

General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA ................................. SR 12
General Assembly; citizens not obligated to comply with appointed "czar"; declare....................................................................................................HR 1146
General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; committees; witnesses and documents; authorize ..................HB 490 General Assembly; contracts that limit competitive activities;
authorize - CA......................................................................................................HR 178 General Assembly; expense allowances reduction; provide ................................HB 1302 General Assembly; fiscal bills; requirements for fiscal notes
regarding legislation; provide exceptions............................................................ SB 158 General Assembly; Georgia Department of Transportation;
develop plan for maglev train; express................................................................HR 606 General Assembly; House Committee on Information and Audits;
secure witnesses and documents; authorize.........................................................HB 676 General Assembly; law for pari-mutuel wagering on horse racing;
provide - CA ......................................................................................................HR 1177 General Assembly; law for townships; provide - CA ................................................HR 8 General Assembly; local education boards pay election expenses;
require - CA .......................................................................................................HR 1651 General Assembly; members who fail to file state tax returns
or default; provisions .........................................................................................HB 1083 General Assembly; pari-mutuel betting on horse and dog races;
provisions - CA....................................................................................................HR 534 General Assembly; provide homeowner tax relief grants; appropriate
funds - CA................................................................................................................HR 7 General Assembly; salary reduction of members; provide ....................................HB 869 General Assembly; standing and special committees; witnesses
under oath; provide ................................................................................................HB 90 General Assembly; telephone subscriber charges; fund trauma
services; provide - CA .........................................................................................HR 139 General Assembly; unlawful to receive compensation from
political subdivisions; provisions ......................................................................HB 1116 General Assembly; veto sessions; provide - CA ..................................................HR 1476 Georgia Commission For Entrepreneurship Excellence; create...........................HR 1515 Georgia Faith and Clergy Day Commission; create...............................................HR 675 Georgia Forest Product Fairness Act; provide statement of intent;
General Assembly; granting of economic incentive to users of raw forest products .......................................................................................... SB 409 Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions.........................................................................HB 463 Georgia Lottery Corporation; review policies to include incentive and bonus payments; urge .................................................................................HR 1361

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6243

Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions......................................................................................HB 148 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Governor; convene General Assembly special session; 3 percent
or more revenue decline - CA..............................................................................HR 138 Governor; urged to proceed with leases for exploration and
drilling for oil and natural gas off Georgia coast...................................................HR 32 Governor's veto; one house overrides; other house votes immediately;
provide - CA ............................................................................................................HR 3 Health Care Transformation; create Joint Study Committee ................................. SR 331 Health Departments; support system for Georgians with Disabilities;
submit plan; request ...........................................................................................HR 1713 House convened; notify Senate ............................................................................HR 1088 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 164 Joint Cherokee County Transportation Study and Planning Commission;
create ..................................................................................................................HR 2039 Joint Equine Industry Study Committee; create .......................................................HR 78 Joint Georgia State Fire Services Study Committee; create................................... SR 513 Joint session; message from Chief Justice of Supreme Court..............................HR 1236 Joint session; message from Chief Justice of Supreme Court..............................HR 1682 Joint session; message from Chief Justice of Supreme Court; reschedule...........HR 1433 Joint session; message from Governor .................................................................HR 1089 Joint Study Committee for Clean Energy Technology; create .................................HR 10 Joint Study Committee on Licensure of Residential and General
Contractors; create .............................................................................................HR 1293 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Joint Study Committee on Sales and Use Tax Simplification; create ....................HR 579 Joint Study Committee on SITE TO GROW GEORGIA, Alternative
Financing, and Entrepreneurship; create .............................................................HR 166 Joint Telecommunications Comprehensive Reform Study Committee;
create .................................................................................................................... SR 402 Labor union elections; urge Georgia Congressional Delegation
to reject such measures ..........................................................................................HR 23 Legislative branch; issuance of subpoenas; provide - CA......................................HR 335 Legislative Counsel, Office of; softbound volumes of Georgia
Laws; repeal certain requirements .....................................................................HB 1279 Legislative Counsel; repeal certain requirements relative to
softbound volumes of the Georgia Laws ............................................................. SB 388 Life, Liberty, and Property Restoration Act; enact ................................................HB 870 Lobbying practices; prohibit address to any General Assembly
committee; provide ..............................................................................................HB 912 Lobbyists; expenditure reporting; provisions .........................................................HB 919

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6244

INDEX

Local ad valorem tax; reduce or eliminate with 1 percent sales tax; authorize - CA....................................................................................................HR 1432
Lottery funds; used for programs to assist learning disabled children; provide - CA ......................................................................................................HR 1480
Magistrate court clerk; superior court clerk serve when not provided by law; provisions...............................................................................HB 1172
Magistrate court clerks; General Assembly specify who serves as clerk; provide ...............................................................................................................HB 1057
MARTA; exercise authority to combine with Georgia Regional Transportation Authority; urge ............................................................................HR 368
Motor fuel tax; jet and aviation gasoline; maintain public-use airports; provide - CA ........................................................................................HR 1681
Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Professional Standards Commission; Certification and Professional
Learning Task Force; create ..............................................................................HR 1485 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Quality Basic Education Formula; no voucher enforced unless
funded by General Assembly; provide ................................................................HB 649 Regional grand juries; create - CA .......................................................................HR 1683 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Rosa Parks and others; urging the placement of their portraits
in the state capitol ..................................................................................................HR 28 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 Senate Convened; notify House of Representatives............................................... SR 797 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide
appropriations ......................................................................................................HB 152 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide
appropriations ......................................................................................................HB 153 State Fiscal Year; July 1, 2010 - June 30, 2011; make and provide
appropriations ......................................................................................................HB 950 States' sovereignty; based on constitutional principles; affirm ..............................HR 470 Supplemental appropriations; State Fiscal Year
July 1, 2009 - June 30, 2010 ................................................................................HB 947 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Truth in Testimony Act; require an oath for purposes of presenting
certain evidence to committee/subcommittee of General Assembly....................... SB 7
GENERAL PROVISIONS, OCGA Confederate Heritage and History Month; observe in April; annually ..................HB 103 Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11............................................................. SB 160

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6245

Holidays and observances; Irish Heritage and History Month; establish ............HB 1376 Laws; challenge constitutionality; provide standing - CA ...................................HR 1085 States' rights; based on Jeffersonian principles; affirm ..........................................HR 776
GEORGIA BUILDING AUTHORITY Georgia Building Authority; additional disabled persons parking; urge..............HR 1826 Georgia Building Authority; adopt master plan for Capital Square; require ................................................................................................................HB 1363 Georgia Building Authority; exempt from certain sales and use tax; provisions.............................................................................................................HB 333 Public Safety, Department of; Capitol Police Division; create; provisions .........HB 1074
GEORGIA BUREAU OF INVESTIGATION (GBI) "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers .................. SB 397 Chief medical examiner; devote full time to duties and responsibilities of the office; require ............................................................................................HB 785 Criminal Records; increase the fees for providing certain records ........................ SB 102 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions ............................. SB 371 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create .............HB 140 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create; provisions ...................................................................................................HB 36 Georgia Crime Information Center; criminal records; change provisions .............HB 511 Georgia Crime Information Center; fingerprint searches for certain applicants; authorize ..............................................................................HB 1229 Georgia Crime Information Center; provide access to criminal history; change provisions .....................................................................................HB 10 Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty ......................... SB 56
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission ............................... SB 415 Transit Governance Study Commission; create ...................................................HB 1252 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Investment Act of 2010; enact .....................................................HB 1218

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6246

INDEX

GEORGIA TECHNOLOGY AUTHORITY Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................. SB 194
GILMER COUNTY Magistrate Court clerk; appointed by chief magistrate; provide ..........................HB 1514
GLENNVILLE, CITY OF; Veterans Boulevard; dedicate ....................................HR 440
GLYNN COUNTY Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents, and employees..................... SB 268 Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163
GORDON COUNTY Dolph Fuller, Junior Memorial Bridge; Gordon County; dedicate ......................HR 1647 First Sergeant John David Blair Memorial Intersection; Gordon County; dedicate ..............................................................................................................HR 1687 State highway system; certain portions; dedicate.................................................HR 1513
GOVERNOR Attorney General; if fail to represent state in court; Governor designate counsel; provide.................................................................................HB 1477 Budget Act; application of zero-based budgeting; provisions .................................HB 44 Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed fifteen percent of previous year's net revenue for any fiscal year ....................... SB 421 General Assembly Convened; notify Governor ..................................................... SR 796 Georgia Agency Accountability Act; enact............................................................HB 206 Georgia Government Accountability Act; enact ....................................................HB 236 Governor and Attorney General; sue Environmental Protection Agency to prevent carbon emissions regulation; urge.......................................HR 1650 Governor and transportation commissioner; acquire federal transit funding; urge...........................................................................................HR 1716 Governor; coastal areas of Georgia; drilling; provide............................................HB 421 Governor; convene General Assembly special session; 3 percent or more revenue decline - CA..............................................................................HR 138 Governor; office terms; provisions - CA..............................................................HR 1090 Governor; require tax expenditure reviews as part of budget report; provide for definition ........................................................................................... SB 206

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6247

Governor; serve six-year term; not succeed himself or herself; provide - CA ........................................................................................................HR 563
Governor; urged to proceed with leases for exploration and drilling for oil and natural gas off Georgia coast...................................................HR 32
Governor's veto; one house overrides; other house votes immediately; provide - CA ............................................................................................................HR 3
Homeowner tax relief grants; appropriating funds; change manner and method...........................................................................................................HB 826
Joint session; message from Governor .................................................................HR 1089 Perdue, Governor Sonny; service to Georgia; honor............................................HR 1113 Planning and Budget Office; require tax expenditure reports/ fee reports
as part of the budget report; definitions; contents, requirements ........................ SB 381 Planning and Budget, Office of; maintain record of user fees collected;
provide for publication.......................................................................................HB 1284 Planning and Budget, Office of; tax expenditure review as part
of budget report; require ......................................................................................HB 719 Public officers and employees; establish Office of State Inspector
General; provisions ................................................................................................HB 82 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Sales and use tax; temporary increase; provisions .................................................HB 918 Service delivery regions; applicability of regions; revise a provision .................HB 1260 State Council of Economic Advisors; creation; provide composition,
duties, and responsibilities................................................................................... SB 480 Zero-Base Budgeting Act; provide for the application .............................................. SB 1
GRAY, TOWN OF; powers of mayor; provide ....................................................HB 1472
GRIFFIN, CITY OF Griffin Judicial Circuit; not decrease the county supplements for the superior court judges of that circuit. ........................................................ SB 542
GUARDIAN AND WARD Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................ SB 367 Surgical or medical treatment; additional persons authorized to consent to treatment; provisions ......................................................................HB 742
GWINNETT COUNTY Board of Commissioners; reconstitute the board; provide ...................................HB 1390 Board of Education; election of members; provide................................................HB 599

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6248

INDEX

H
HABEAS CORPUS Habeas corpus procedure; filing a writ; change certain provisions........................HB 214 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 372
HABERSHAM COUNTY Package and sale by drink sales; advisory referendum; provide..........................HB 1499 State Court; judge and solicitor be full-time; provide ..........................................HB 1458
HALL COUNTY Reverend H.G. Jarrard Memorial Intersection; Hall County; dedicate ................HR 1483 Spring Chicken Festival and Chicken City Cook Off; designate ...........................HR 733 State highway system; certain portions; dedicate.................................................HR 1513
HANCOCK COUNTY State highway system; certain portions; dedicate.................................................HR 1513
HANDICAPPED PERSONS Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 566 Commission for the Blind and the Visually Impaired Act; enact ..........................HB 565 Disability parking laws; appointed law enforcer have disability; remove requirement ...........................................................................................HB 1338 Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Driver's license; minor of disabled guardian; valid instruction permit; provisions ................................................................................................HB 258 Georgia Building Authority; additional disabled persons parking; urge..............HR 1826 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions...........................................................................................HB 1314 Handicapped persons; sport shooting ranges; wheelchair accessible; require ..................................................................................................................HB 420 Health Departments; support system for Georgians with Disabilities; submit plan; request ...........................................................................................HR 1713 Insurance; require certain coverage for autism spectrum disorders; provide definitions ............................................................................................... SB 161 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ............................. SB 153
HARALSON CITY OF; mayor and councilmembers; stagger terms ..................HB 1295

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6249

HART COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
HEALTH Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct...........................................................................................HR 1824 Attorney General Thurbert Baker; challenge federal health care reform legislation; urge......................................................................................HR 1822 Blood Pressure Down Shift Program; request creation ..........................................HR 772 Brain and Spinal Injury Trust Commission; may solicit funds; provide..............HB 1310 Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize...............................................................................................................HB 760 Community Health, Department of; contracts; subject to open records act; provide..............................................................................................HB 377 Community Health, Department of; data collection of chronic obstructive pulmonary disease; pass regulations...............................................HR 1487 Community Health, Department of; educate public on disposal of home-generated medical sharps; urge ...........................................................HR 1946 Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316 Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 Community Health, Department of; services to those with Hepatitis B and C; urge .....................................................................................................HR 1891 Congressional leaders; allow viewing of health reform discussions; urge ..........HR 1114 County boards of health; ad hoc legislative oversight panels; establish ..............HB 1056 Cremation; preneed authorization; provide ............................................................HB 257 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................ SB 529 "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees ............................................ SB 435 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Elections; remove references to ballot cards; provisions .......................................HB 540 Elementary and secondary education; provide information concerning human papillomavirus; require ............................................................................HB 736 Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Excise tax; cigarettes; proceeds to health care; provide - CA ..............................HR 1652 Freedom from Compulsory Pandemic Act; enact ..................................................HB 871

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6250

INDEX

General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648
General Assembly; telephone subscriber charges; fund trauma services; provide - CA .........................................................................................HR 139
Georgia Arthritis Prevention and Control Act; enact ...........................................HB 1119 Georgia Composite Medical Board; surgery and anesthesia;
establish regulations; urge .................................................................................HR 1449 Georgia High School Association; athletes undergo heart screenings;
urge ....................................................................................................................HR 1889 Georgia Trauma Care Network Commission; add a definition;
revise certain provisions ......................................................................................HB 363 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions......................................................................................HB 148 Georgia Trauma Care Network Commission; extensively revise duties;
definitions; funding priorities; abolish Georgia Trauma Trust Fund .................. SB 156 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Georgia Trauma Trust Fund; impose a charge on certain motor
vehicle registrations - CA .................................................................................... SR 277 Georgia Voluntary Remediation Program Act; define certain terms;
provide for power/duties of Environmental Protection Division director............. SB 78 Health care facilities; compensated officers disclose financial
information; require ...........................................................................................HB 1436 Health Care Transformation; create Joint Study Committee ................................. SR 331 Health Departments; support system for Georgians with Disabilities;
submit plan; request ...........................................................................................HR 1713 "'Health Share' Volunteers in Medicine Act"; provide sovereign
immunity protection for physician assistants in safety net clinics ...................... SB 344 Health; distribute health videos to mothers of newborns; provide.......................HB 1438 Health; portable medical orders; provide legislative intent....................................HB 999 Health; prohibition of smoking in public places; enact new provisions ..............HB 1420 Health; provide that no law shall compel any person to participate in any
health care system; authorize to pay directly without penalties/fines ................. SB 317 Health; provide that priority list of persons authorized to control
the disposition of the remains of a deceased person............................................ SB 355 Health; require the board to administer examinations; respective scopes
of practice for purposes of certifying emergency medical technicians ............... SB 233 "Healthy Georgians Act of 2010"; provide exemptions from certain
unfair trade practices for certain wellness and health promotion programs............................................................................................. SB 411 Hospitals and related institutions; assisted living communities; provisions.............................................................................................................HB 850 House Durable Medical Equipment Study Committee; create.............................HR 1972 House Study Committee on Autism; create ...........................................................HR 650

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6251

House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Care Management Organization
Performance; create .............................................................................................HR 883 Human Resources Commissioner; authorize to appoint a diabetes
coordinator ........................................................................................................... SB 163 Human Resources, Department of; adopting a special needs child;
financial assistance; provide ................................................................................HB 428 Human Resources, Department of; incidence and treatment
options of autism; provide guidelines..................................................................HB 774 Income Tax Returns; authorize taxpayers to make certain contributions;
programs for the education of multiple sclerosis................................................... SB 25 Income tax returns; contributions for education and multiple
sclerosis; authorize...............................................................................................HB 985 Income tax returns; make contributions for lupus, multiple sclerosis, and
kidney disease and general welfare of the state; authorize................................HB 1272 Indigent and elderly patients; change certain definitions .......................................HB 380 Influenza vaccinations; hospitals offer annually to employees; require ..............HB 1179 Inmates; access to medical services or hospital care; claiming
exemptions by hospitals; provide ........................................................................HB 350 Insurance; authorize insurers to offer individual medical/surgical
health insurance that have been approved for issuance in selected states ........... SB 407 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; payment or reimbursement of oral chemotherapy;
provide definitions .............................................................................................HB 1263 Insurance; require certain coverage for autism spectrum disorders;
provide definitions ............................................................................................... SB 161 Lead poisoning; identification and abatement of hazards; revise
provisions...........................................................................................................HB 1300 Medicaid Care Management Organization Legislative Oversight
Committee; create ................................................................................................ SB 443 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 Medical treatment; nourishment of person receiving health care; provide ..........HB 1435 Medicare Supplemental; make available to persons under age 65 who
qualify for Medicare due to disability or end-stage renal disease ....................... SB 316 Mental health; Department of Behavioral Health and Developmental
Disabilities; revise provisions............................................................................HB 1324 Motor Vehicles; designate ambulances as emergency vehicles;
exclude certain ambulance providers from certain permit requirements ............ SB 410 National Childhood Brain Tumor Prevention Network Act;
urge President/U.S. Congress to support legislative efforts to enact................... SR 291 National Institutes of Health and the United States Congress;
use of mercury; urge action .................................................................................HR 649

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6252

INDEX

Nursing homes; determine if new resident is registered sexual offender; require ................................................................................................................HB 1449
Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Paramount right to life; human beings; provisions - CA............................................HR 5 Physicians for Rural Areas Assistance Act; enact..................................................HB 866 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Presidential Preference Primary; establish candidate qualifications;
provide ...............................................................................................................HB 1516 Public health system; career track program to recruit and retain
nurses; require......................................................................................................HB 337 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund;
provide .................................................................................................................HB 192 Sales and use tax exemption; certain health information technologies;
change certain provisions.....................................................................................HB 507 Sales and use tax exemption; certain nonprofit volunteer health clinics;
extend.................................................................................................................HB 1014 Sales and use tax exemptions; property sale to nonprofit health
centers; provisions .............................................................................................HB 1120 Serious illness; system of prevention; add certain genetic conditions ...................HB 521 Sexual offenses; assault against persons in custody; change
certain provisions.................................................................................................HB 897 Social services; transfer Division of Aging Services of the Department
of Human Resources to Department of Aging; revise titles................................HB 354 Special license plates; Lupus Foundation of America; provide ...........................HB 1273 State Government; no department/agency shall implement any
provision of federal health care reform legislation.............................................. SB 399 State Health/Human Services; reorganize and reestablish various
agencies................................................................................................................ SB 222 Surgical/Medical Treatment; provide for additional persons/entities;
authorized to consent on behalf of an incapacitated person ................................ SB 367 Surgical or medical treatment; additional persons authorized
to consent to treatment; provisions ......................................................................HB 742 Surgical or medical treatment; nourishment or hydration; provisions .................HB 1178 Tanning Facilities Regulation Act; enact ...............................................................HB 853 Trauma Care Expansion Act of 2010; enact.........................................................HB 1061 Uniform Emergency Volunteer Health Practitioners Act; enactment;
definitions; regulations ........................................................................................ SB 315 Vital Records; provide for execution of death certificates for
certain burn victims transported from other states .............................................. SB 493 Water pollution control; regulate surface water returns; county
boards of health; change certain provisions.........................................................HB 239 Women's Reproductive Health Legislative Oversight Committee; create............. SB 223

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6253

HEALTH CARE PLANS Contracting and bidding; health insurance for employees; provide.......................HB 560 Georgia Federal Health Care Nullified Amendment; enact - CA ........................HR 1107 Health care system; no law shall compel participation; provide - CA .................HR 1086 Health insurance coverage lost; assist Georgians; request ...................................HR 1117 Health insurance plan; state employees; contract with various municipalities; authorize......................................................................................HB 989 Health insurance; offer individual accident and sickness policies approved in other states; provisions ..................................................................HB 1184 Health; provide that no law shall compel any person to participate in any health care system; authorize to pay directly without penalties/fines ................. SB 317 Income tax; taxable income not include certain health plan premiums; provide ...............................................................................................................HB 1515 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies.................... SB 105 Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions .................. SB 481 Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; authorize insurers to offer individual medical/surgical health insurance that have been approved for issuance in selected states...................... SB 407 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively revise requirements ..............................................................................................HB 843 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ............. SB 50 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; federal health care plans not offer abortion coverage; provide ..........HB 1517 Insurance; no state health care plan offer abortion coverage; provide.................HB 1527 Insurance; payment or reimbursement of oral chemotherapy; provide definitions .............................................................................................HB 1263 Insurance; time periods and eligibility for continuation coverage; revise ...........HB 1268 Juvenile Justice, Department of; collect medical insurance reimbursement; authorize ..................................................................................HB 1264 Local government; public works bidding; health insurance; require .....................HB 223 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Penal institutions; reimburse jails for medical expenses; clarify types of insurance ..............................................................................................HB 1291 Religious organizations; qualify as a self-insurer; provisions................................HB 656 State Employees' Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan ........................................ SB 363

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6254

INDEX

State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89
United States National Health Insurance Act; urge Congress to adopt..................HR 120
HEALTH INSURANCE Contracting and bidding; health insurance for employees; provide.......................HB 560 Georgia Federal Health Care Nullified Amendment; enact - CA ........................HR 1107 Health insurance coverage lost; assist Georgians; request ...................................HR 1117 Health insurance plan; state employees; contract with various municipalities; authorize......................................................................................HB 989 Health insurance; offer individual accident and sickness policies approved in other states; provisions ..................................................................HB 1184 Health; provide that no law shall compel any person to participate in any health care system; authorize to pay directly without penalties/fines ................. SB 317 Income tax; taxable income not include certain health plan premiums; provide ...............................................................................................................HB 1515 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies.................... SB 105 Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions .................. SB 481 Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; authorize insurers to offer individual medical/surgical health insurance that have been approved for issuance in selected states...................... SB 407 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively revise requirements ..............................................................................................HB 843 Insurance; contracting entities; prohibit access to a provider's health care services/contractual discount by certain contracting entities; definitions ............. SB 50 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; federal health care plans not offer abortion coverage; provide ..........HB 1517 Insurance; no state health care plan offer abortion coverage; provide.................HB 1527 Insurance; payment or reimbursement of oral chemotherapy; provide definitions .............................................................................................HB 1263 Insurance; time periods and eligibility for continuation coverage; revise ...........HB 1268 Juvenile Justice, Department of; collect medical insurance reimbursement; authorize ..................................................................................HB 1264 Local government; public works bidding; health insurance; require .....................HB 223 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Penal institutions; reimburse jails for medical expenses; clarify types of insurance ..............................................................................................HB 1291 Religious organizations; qualify as a self-insurer; provisions................................HB 656

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6255

State Employees' Health Insurance Plan; Georgia Student Finance Authority; contract in any state health insurance plan ........................................ SB 363
State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89
United States National Health Insurance Act; urge Congress to adopt..................HR 120
HEARING AND HEARING AIDS (See Handicapped Persons)
HENRY COUNTY Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Levy excise tax; authorize ....................................................................................HB 1470 Redevelopment Powers Law; authorize ...............................................................HB 1347 Require board member to resign if stand for other election; repeal provisions...........................................................................................................HB 1346 Sergeant First Class John Beale Hero's Highway; Henry County; dedicate ..............................................................................................................HR 1450 William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242
HIAWASSEE, CITY OF Municipal purposes; ad valorem tax; homestead exemption ...............................HB 1453
HIGHWAYS, BRIDGES, AND FERRIES Alpha Fowler, Junior, Memorial Bridge; Douglas County; dedicate...................HR 1385 Andy Quinney Overpass; Garden City; dedicate .................................................HR 1299 Aubrae Gunderson Memorial Highway; Rockdale County; dedicate..................HR 1769 Bill Cummings Highway; Polk County; dedicate ................................................HR 1949 Bobby Walden Highway; dedicate ...........................................................................HR 31 Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............HR 1893 Charles Thomas Edwards Memorial Bridge; Jasper County; dedicate ................HR 1434 Clayton County; become participant in MARTA; hold nonbinding referendum .........................................................................................................HB 1446 Cody Warren Memorial Highway; dedicate.........................................................HR 1295 Coffee County Veterans Highway; Coffee County; dedicate ..............................HR 1684 Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Deputy Blake Gammill Memorial Highway; Douglas County; dedicate.............HR 1384 Dolph Fuller, Junior Memorial Bridge; Gordon County; dedicate ......................HR 1647 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317 Dual Broadrick Memorial Highway; Whitfield County; dedicate .......................HR 1350 E.R. Bates Memorial Bridge; Cartersville; dedicate ............................................HR 1167 Easterling, Colonel Charles; memorial marker; Camden County; dedicate ........HR 1892 Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163

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6256

INDEX

Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92 Ethics; State Transportation Board members are public officers; provide ..........HB 1242 First Sergeant John David Blair Memorial Intersection; Gordon
County; dedicate ................................................................................................HR 1687 General Assembly; Georgia Department of Transportation;
develop plan for maglev train; express................................................................HR 606 George W. Ford, Junior Interchange; designate .....................................................HR 241 Georgia Coordinating Council for Rural and Human Services
Transportation; establish........................................................................................ SB 22 Georgia Department of Transportation; develop plan for building
"The Plane Train"; express ..................................................................................HR 646 Georgia Sports Hall of Fame Authority; designate signs commemorating
significant sporting achievements........................................................................ SB 338 Glenn Brown Memorial Overpass; dedicate ..........................................................HR 607 Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564 Goswick Family Bridge; Murray County; dedicate .............................................HR 1296 H.G. "T" Fulcher Memorial Bridge; Richmond County; dedicate.......................HR 1301 Harry L. Portier Memorial Bridge; Irwin County; dedicate.................................HR 1482 Hinson Mosley Highway; dedicate.........................................................................HR 582 Honorable Hugh D. Sosebee Bridge; Monroe County; dedicate .........................HR 1349 James C. Moore Corridor; dedicate........................................................................HR 292 Joe Bryan Highway; dedicate .................................................................................HR 561 Joe Burton Memorial Highway; DeKalb County; dedicate .................................HR 1108 Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Lake Spivey Parkway; designate............................................................................HR 641 LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate...................HR 1686 Luke Dollar Highway; dedicate..............................................................................HR 739 Mark Burkhalter Parkway; Fulton County; dedicate............................................HR 1685 MARTA; administration or collection of retail sales and use tax; provide............HB 727 MARTA; allow a transportation services contract to authorize the
extension of/addition to the Authority's existing rapid rail system ..................... SB 120 MARTA; allow transportation services contract to authorize
the extension to Authority's existing rapid rail system........................................ SB 285 Mass transportation; MARTA board of directors; change membership ..............HB 1437 Millard Fuller Memorial Highway; City of LaGrange; dedicate .........................HR 1147 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Public road and street abandonment; counties and municipalities
remove roads; authorize.....................................................................................HB 1287 Public road and street abandonment; counties and municipalities
remove roads; authorize.....................................................................................HB 1315

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6257

Public Roads; further declare authority of counties/municipalities to remove roads from their systems when removal is in best public interest .......... SB 354
Public Roads; provide for regulation of oversize and overweight loads on streets or highway.................................................................................. SB 526
Public roads; regulate oversize and overweight loads; provisions.......................HB 1174 Reverend H.G. Jarrard Memorial Intersection; Hall County; dedicate ................HR 1483 Road systems; asbestos pipe; authorize procedures ...............................................HB 527 Sergeant D.P. Land Memorial Bridge; dedicate.....................................................HR 441 Sergeant First Class John Beale Hero's Highway; Henry County; dedicate ........HR 1450 Sergeant Jeffery Jordan Memorial Intersection; Floyd County; dedicate ............HR 1712 Sheriff Charles W. Bryant Highway; Cook County; dedicate .............................HR 1996 Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472 SP-5 Harry E. Chesser Memorial Bridge; Brantley County; dedicate .................HR 1479 State highway system; certain portions; dedicate.................................................HR 1513 State highway system; control of signs and signals; provide
certain height limitations .....................................................................................HB 865 State Highway System; dedicate certain portions ................................................ SR 1075 State highway system; Roadside Enhancement and Beautification
Council; change certain provisions......................................................................HB 620 State Highway System; signs and signals; height limitations; allow
owners to obtain permits to remove vegetation from the viewing zones ............ SB 164 State Road and Tollway Authority; abolish and transfer duties
to Department of Transportation; provide .........................................................HB 1443 State Transportation Board; limit membership on the board
to one five-year term............................................................................................ SB 505 State Transportation Board; members term of office; limit .................................HB 1234 State Transportation Board; members term of office; limit - CA ........................HR 1446 T.C. Coogle Memorial Bridge; Oglethorpe County; dedicate .............................HR 1474 Tom Buck Parkway; dedicate.................................................................................HR 584 Transforming Transportation Investment Act; enact .............................................HB 605 Transportation Department; multiyear construction agreements - CA .................. SR 821 Transportation, Department of; design-build method; increase
the percentage of projects contracted .................................................................. SB 305 Transportation, Department of; enter into multiyear contracts; authorize ...........HB 1135 Transportation, Department of; erect memorial markers; authorize ....................HB 1294 Transportation, Department of; modify provisions for the State
Transportation Board; provide for the appointment of a treasurer...................... SB 501 Transportation, Department of; provide for an Intermodal Division
within the department .......................................................................................... SB 520 Transportation, Department of; public-private partnership for
tunnel construction; prohibit................................................................................HB 968

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6258

INDEX

Transportation, Department of; urged to seek waiver from Federal Highway Administration to allow retail developments along interstate highway................................................................................................................ SR 822
Transportation, Georgia Department of; urged to build a maglev train to be known as the "The Plane Train" ......................................................... SR 117
Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Investment Act of 2010; enact .....................................................HB 1218 Trooper Tony M. Lumley Memorial Highway; dedicate.......................................HR 474 Veterans Boulevard; dedicate .................................................................................HR 440 Veterans Memorial Highway; Jenkins County; dedicate .....................................HR 1787 Veterans' Memorial Highway; Peach County; dedicate.......................................HR 1475 Veterans Memorial Highway; Screven County; dedicate ....................................HR 1788 W.F. Gay Memorial Connector; dedicate...............................................................HR 476 Walter Curtis Butler, Junior Memorial Bridge; Morgan County;
near US 278; dedicate ........................................................................................HR 1477 Walter Curtis Butler, Junior Memorial Bridge; Morgan County;
over I-20; dedicate .............................................................................................HR 1478 Weight of vehicle and load; tow vehicle; maximum weight
per axle; provide ....................................................................................................HB 65 William Maud Bryant Memorial Highway; Bleckley County; dedicate..............HR 1202 William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242 Willie Lee Duckworth Highway; Washington County; dedicate.........................HR 1717
HINESVILLE, CITY OF Limit compensation increases for mayor and councilmembers; provide.............HB 1502
HISTORIC SITES AND PRESERVATION Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................... SB 390 Property; municipal corporations grant conservation easements; authorize.............................................................................................................HB 1109
HOGANSVILLE, CITY OF Levy excise tax; authorize ....................................................................................HB 1261 Redevelopment Powers Law; authorize ...............................................................HB 1262
HOLIDAYS AND OBSERVANCES Confederate Heritage and History Month; observe in April; annually ..................HB 103 Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11............................................................. SB 160 Holidays and observances; Irish Heritage and History Month; establish ............HB 1376 Law Day; May 1, 2009; recognize .........................................................................HR 677 Veterans Day; public schools closed November 11; provide.....................................HB 3

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6259

HOLLY SPRINGS, CITY OF Councilmembers elected from designated posts; provide ....................................HB 1337
HOSPITALS AND OTHER HEALTH CARE FACILITIES Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 Health care facilities; compensated officers disclose financial information; require ...........................................................................................HB 1436 Hospitals and related institutions; assisted living communities; provisions.............................................................................................................HB 850 Influenza vaccinations; hospitals offer annually to employees; require ..............HB 1179 Nursing homes; determine if new resident is registered sexual offender; require ................................................................................................HB 1449 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Sexual offenses; assault against persons in custody; change certain provisions.................................................................................................HB 897 Sexual offenses; sexual assault; change certain provisions....................................HB 886 Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................ SB 315
HOUSE OF REPRESENTATIVES 2008 Child Fatality Review Committee of the Year; commend and invite to House ............................................................................................HR 1345 Acknowledge Georgia's role in slavery; urge reconciliation..................................HR 295 Addiction Recovery Awareness Day; January 14, 2010; declare ........................HR 1126 Alexander; Eplan; Nunn; Hands On Atlanta founders; commend and invite to House ............................................................................................HR 1120 Alpha Phi Alpha Fraternity, Incorporated; commend and invite representatives to House ....................................................................................HR 1398 American Red Cross Month; March, 2009; recognize and invite representatives to House ......................................................................................HR 608 Atlanta metropolitan area employers; adopt flexible hours to reduce traffic; urge...............................................................................................HR 494 Attorney General Thurbert Baker; challenge federal health care reform legislation; urge......................................................................................HR 1822 Auditory-Verbal Center, Incorporated, The; Debbie Brilling; commend and invite to House ...........................................................................HR 1119 Auditory-Verbal Center, Incorporated; Debbie Brilling; commend and invite to House ................................................................................................HR 24 Baker, Thurbert E.; impeachment charges; bring.................................................HR 1866 Baker, Thurbert; Attorney General for Georgia; commend .................................HR 1947 Becker, Doctor Mark; commend and invite to House..........................................HR 1718 Beckham, Mr. Gordon; commend and invite to House........................................HR 1261

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6260

INDEX

Betty, Kathy; Atlanta Dream owner; commend and invite to House...................HR 1592 Black Doll Affair Social Movement; commend and invite to House ..................HR 1454 Boards of education; salary reductions for school administrators; urge ..............HR 1782 Boyle, Doctor Stephen; commend and invite to House .......................................HR 1326 Breedlove, Mr. Michael W.; commend and invite to House................................HR 1861 Brown, Mr. Anthony "T." Graham; commend and invite to House.....................HR 1951 Brown, Mr. Willie; commend and invite to House ..............................................HR 1862 Business Executives for National Security; Georgia Business Force;
commend and invite to House .............................................................................HR 652 Campbell, Mr. Larry; commend and invite to House...........................................HR 1656 Cano, David; commend and invite to the House ....................................................HR 887 Capitol Art Standards Commission; sculpture replacement plaque; urge............HR 1786 Capitol Arts Standards Commission; hang portrait of Honorable
Griffin Boyette Bell; request .............................................................................HR 1974 Carrollton High School debate team; commend and invite to House ..................HR 1997 Cartersville High School varsity baseball team; commend and
invite to House ...................................................................................................HR 1171 Citizen Stamp Advisory Committee; issue all-Hispanic 65th
Infantry Regiment stamp; urge ..........................................................................HR 2036 Civil Air Patrol; commend and invite members to House ...................................HR 1765 Collins Hill High School softball team; commend and invite to House ..............HR 1324 Collins Hill High School wrestling team; commend and invite to House ...........HR 1327 Community Health, Department of; data collection of chronic
obstructive pulmonary disease; pass regulations...............................................HR 1487 Community Health, Department of; educate public on disposal
of home-generated medical sharps; urge ...........................................................HR 1946 Community Health, Department of; require Medicaid home
pilot projects; urge .............................................................................................HR 2102 Community Health, Department of; services to those with Hepatitis
B and C; urge .....................................................................................................HR 1891 Congress and President Obama; enact comprehensive immigration
reform; urge .........................................................................................................HR 339 Congress of the United States; Honor and Remember Flag designation;
urge ....................................................................................................................HR 1106 Congress; not transfer Guantanamo Bay detainees within Georgia
or United States; request ....................................................................................HR 1400 Congress; postpone effort to regulate greenhouse gases through
Clean Air Act; request .......................................................................................HR 1357 Correll, Mr. A.D. "Pete"; commend and invite to House.....................................HR 1764 Corry, Doctor Larry; commend and invite to House............................................HR 1323 Cox, Bobby; commend and invite to House.........................................................HR 1518 Cox, Bobby; commend and invite to House.........................................................HR 1945

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6261

Delta Team; Paulding County High School JROTC Raider Regiment; commend and invite to House ...........................................................................HR 1123
Desselle, Mrs. Gwen; 2010 Georgia Teacher of the Year; commend and invite to House ............................................................................................HR 1488
Dillon, Mr. Mike; commend and invite to House ................................................HR 1413 Dupree, Mr. David M.; commend and invite to House ..........................................HR 587 Dyess, Robert M., Junior; honor and invite to House ..........................................HR 1772 Eagle Scouts of Troop 47 from Newnan, Georgia; commend
and invite to House ............................................................................................HR 1348 Ebersole, W. Daniel; commend and invite to House............................................HR 1863 Education, Department of; implement safe guards for recruitment
of 17-year-olds; urge..........................................................................................HR 1219 Education, Department of; inform students about dangers of
explicit or graphic texts; urge ............................................................................HR 1950 Emergency Management Agencies of Georgia; commend and
invite to House ...................................................................................................HR 1189 Fearnow, Mrs. Kim; commend and invite to House ............................................HR 1895 Feng, Xie; Chinese Minister; commend and invite to House...............................HR 1291 Finley, Deputy Chief Ernest; police service; commend and
invite to House ...................................................................................................HR 1118 Finley, Major Ernest; police service; commend and invite to House...................HR 1122 Gatewood Lady Gators basketball team; commend and invite to House.............HR 1491 General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; House Committee on Information and Audits;
secure witnesses and documents; authorize.........................................................HB 676 Generals; strong position on "don't ask, don't tell" policy; commend....................HR 580 George Walton Academy football team; commend and invite to House.............HR 1941 George Walton Academy wrestling team; commend and invite to House ..........HR 1937 Georgia Academy of Audiology Day; commend and invite
representatives to the House ..............................................................................HR 1343 Georgia Building Authority; additional disabled persons parking; urge..............HR 1826 Georgia challenges; pledge to improve lives of Georgians; recognize ................HR 1115 Georgia Composite Medical Board; surgery and anesthesia;
establish regulations; urge .................................................................................HR 1449 Georgia Congressional Delegation; support legislation to prevent
carbon emissions regulation; urge .....................................................................HR 1649 Georgia Department of Transportation; develop plan for building
"The Plane Train"; express ..................................................................................HR 646 Georgia High School Association; athletes undergo heart screenings; urge........HR 1889 Georgia law enforcement officers; write citations legibly; urge ..........................HR 1486 Georgia Lottery Corporation; review policies to include incentive
and bonus payments; urge .................................................................................HR 1360

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6262

INDEX

Georgia Peach Festival; commend and invite 2010 Georgia Peach Queens to the House................................................................................HR 1328
Georgia State University's Legislative Health Policy Certificate Program; commend and invite to House ...........................................................HR 1939
Georgia Supreme Court Chief Justice; Georgia is republic, not democracy; inform.............................................................................................HR 1770
Georgia USGA women's golf team; commend and invite to House....................HR 1218 Georgia's political bloggers; commend and invite to House ................................HR 1894 Georgia's rights; nullify federal law that violates the United
States Constitution; affirm .................................................................................HR 1825 Geurin, Mrs. Irene; 100th birthday; celebrate .....................................................HR 1121 Glenn, Mr. Mike; commend and invite to House .................................................HR 1898 Governor and Attorney General; sue Environmental Protection
Agency to prevent carbon emissions regulation; urge.......................................HR 1650 Governor and transportation commissioner; acquire federal
transit funding; urge...........................................................................................HR 1716 Greater Atlanta Christian School boys' basketball team; commend
and invite to House ............................................................................................HR 1719 Gresham, Emma; Mayor of Keysville; commend and invite to House................HR 1867 Hadley, Walter Reed, Junior; commend and invite to House ..............................HR 1235 Hall County; Spring Chicken Festival and Chicken City Cook Off;
designate ..............................................................................................................HR 733 Hancock, Specialist Vincent; commend and invite to House.................................HR 230 Health Departments; support system for Georgians with Disabilities;
submit plan; request ...........................................................................................HR 1713 Health insurance coverage lost; assist Georgians; request ...................................HR 1117 Holcomb, Noel Z.; retirement; congratulate and invite to House ..........................HR 222 HomeTown Health; Georgia's rural hospitals; commend and
invite to House ...................................................................................................HR 1289 House Adult Mental Health and Disability Facilities Study
Committee; create ..............................................................................................HR 2038 House Constitutional Officer Fees Study Committee; create.................................HR 624 House convened; notify Senate ............................................................................HR 1088 House Durable Medical Equipment Study Committee; create.............................HR 1972 House Motor Fuel Tax Study Committee; create.................................................HR 1715 House of Representatives; development of Georgia's energy
resources; express support ...................................................................................HR 337 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 164 House Study Committee on Procurement Policies of Georgia
Departments and Agencies Regarding Businesses Owned by Minorities and Women; create...........................................................................HR 1351 House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); create.....................................................................................HR 771

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6263

House Study Committee on Airborne Release of Pentachlorophenol and its Effects on the Health of Georgia Residents; create .................................HR 177
House Study Committee on Autism; create ...........................................................HR 650 House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Business Income Tax Elimination
and Job Creation; create.......................................................................................HR 651 House Study Committee on Care Management Organization
Performance; create .............................................................................................HR 883 House Study Committee on City and County Consolidation; create .....................HR 820 House Study Committee on Compliance by Local Governments
with the Red Light Camera Law; create ..............................................................HR 774 House Study Committee on Damages for Conversion of Timber; create ............HR 1994 House Study Committee on Dangerous Dogs; create ............................................HR 625 House Study Committee on Hotel-Motel Tax; create ..........................................HR 1435 House Study Committee on Property Law Modernization and
Standardization; create.......................................................................................HR 1973 House Study Committee on Reducing Poverty and Increasing
Economic Security; create .................................................................................HR 1913 House Study Committee on Regional Educational Service Agencies;
create ....................................................................................................................HR 642 House Study Committee on Renewable Energy; create.......................................HR 1767 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on State Agency Accountability; create.........................HR 647 House Study Committee on the National Renewables Energy
Portfolio Standards; create...................................................................................HR 777 House Study Committee on the Review, Evaluation, and Analysis
of State Tax Exemptions; create ..........................................................................HR 442 House Study Committee on Uniforms in Public Schools; create...........................HR 886 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 House Study Committee on Video Gambling Machines; create..........................HR 1359 House; amend rules...............................................................................................HR 1168 Houts, Ashley; commend and invite to House .....................................................HR 1490 Hungary Day; February 12, 2010; recognize and invite ambassador
to House .............................................................................................................HR 1290 Irvin, Commissioner Tommy; commend and invite to House .............................HR 1455 Israel; defense against Gaza Strip terrorism; solidarity........................................HR 2042 John McHugh, Secretary of the Army; Fort Hood shootings;
unborn child as victim; urge ..............................................................................HR 1294 Johnson, Paul; commend and invite to House......................................................HR 1864 Joint session; message from Chief Justice of Supreme Court..............................HR 1682 Jones, Reverend Warren L.; commend and invite to House ................................HR 1452 Junior Leagues of Georgia; commend and invite members to House..................HR 1489

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INDEX

Labor union elections; urge Georgia Congressional Delegation to reject such measures ..........................................................................................HR 23
LaGrua, Shawn; bring impeachment charges.......................................................HR 1714 Lank, Ms. Michelle Smith; commend and invite to House..................................HR 1344 Law Day; May 1, 2009; recognize .........................................................................HR 677 "Lawmakers"; 40th season; commend and invite to House .................................HR 1416 Levine, Doctor David L.; Distinguished Older Georgian; commend
and invite to House ..............................................................................................HR 321 Local boards of education; retrofit school buses with pollution
control devices; urge..........................................................................................HR 1166 Loganville High School wrestling team; commend and invite to House.............HR 1383 March of Dimes Georgia Chapter Day; March 23, 2010; commend
and invite to House ............................................................................................HR 1771 McCoughtry, Ms. Angel; 2009 WNBA Rookie of the Year;
commend and invite to House ...........................................................................HR 1593 McMillan, Doctor Elridge W.; commend and invite to House ............................HR 1298 Meadors, Coach Marynell; 2009 WNBA Coach of the Year;
commend & invite to House ..............................................................................HR 1594 Meyers, Elana; American Olympian; commend and invite to House ..................HR 1896 Milton High School boys basketball team; commend and invite to House .........HR 1975 Milton High School girls lacrosse team; commend and invite to House ...............HR 781 Morgan, J. Tom; commend and invite to House ..................................................HR 2040 Morgart, Gail; commend and invite to the House ................................................HR 2159 Nettles, Ms. Jennifer; commend and invite to House ..........................................HR 1860 New state revenue; percentage to African-American owned
institutions; request ............................................................................................HR 1116 Norcross High School girls basketball team; commend and
invite to House ...................................................................................................HR 1942 Norcross High School; GHSA Class AAAAA One-Act Play Champs;
commend & invite to House ..............................................................................HR 1943 Omega Psi Phi Fraternity, Incorporated; commend and invite to House ...............HR 609 Omega Psi Phi Fraternity, Incorporated; February 18, 2010;
commend and invite members to House............................................................HR 1447 Peach County High School football team; commend and invite to House ..........HR 1329 Peebles, Captain Tim; condolences; invite family to House................................HR 1655 Penley, Mr. Steve; commend and invite to House ...............................................HR 1979 Peoples, Ms. Dottie; commend and invite to House ............................................HR 1493 Perno, Coach David; commend and invite to House............................................HR 1412 Perry, Tyler; humanitarian efforts; commend and invite to House ......................HR 1720 Perry, Tyler; "Madea in the House"; commend and invite to House .....................HR 585 Platt, "General" Larry; commend and invite to House.........................................HR 1445 Portman, Mr. John Calvin; commend and invite to House ..................................HR 1347

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6265

President and United States Congress; Mr. Cesar E. Chavez's birthday; national holiday; request ......................................................................HR 340
President Barack Obama; select Mr. Thomas J. Harrold, Junior as Ambassador to Germany; request ...................................................................HR 672
President Obama and Congress; reject legalizing illegal aliens; urge..................HR 1646 Public safety and transportation commissioners; increase maximum
speed limit on parts of Interstate 185; urge .......................................................HR 1648 Reece, Sheriff Robert N. "Butch"; commend and invite to House.......................HR 1414 Reed, Kasim; City of Atlanta Mayor; commend and invite to House..................HR 1190 Richt, Coach Mark; commend and invite to House .............................................HR 2103 Rogers, Kenny; commend and invite to House ....................................................HR 1451 Rome Judicial Circuit; commend and invite to House.........................................HR 1325 Romeo, Maggie Sue; her family; commend and invite to House.........................HR 2101 Rowell, Trevor Markus; commend and invite Roger, Mark
and Trevor to House ..........................................................................................HR 1124 Sandy Creek High School football team; commend and invite to House ............HR 1415 Sandy Creek High School football team; congratulate and invite to House ........HR 1217 Scott, Mrs. Ella Young; commend and invite ......................................................HR 1453 Sears, Chief Justice Leah Ward; retirement; recognize and invite to
House ...................................................................................................................HR 626 Secretary of State and Board of Regents; Georgia Capitol and
State Museums; urge..........................................................................................HR 1736 Senate Convened; notify House of Representatives............................................... SR 797 Shumaker, Deputy Yolanda; commend and invite to House ...............................HR 1980 Smith, Chief Hubert L. "Frog"; commend and invite to House ...........................HR 1654 South Atlantic Fishery Management Council; not prohibit Atlantic
Ocean bottom fishing; urge................................................................................HR 1948 Southern Polytechnic State University baseball team; commend
and invite to House ............................................................................................HR 1688 Southland Academy High School 200-yard freestyle relay swim team;
commend and invite ..........................................................................................HR 1789 St. Patrick's Day Parade Committee; commend and invite members
to House .............................................................................................................HR 1492 St. Patrick's Day Parade Committee; members; commend and
invite to House .....................................................................................................HR 444 Stafford, Stephen, II; commend and invite to House ...........................................HR 1944 State House districts; election of Representatives; provisions ...............................HB 625 Terrell Academy football team; commend and invite to House...........................HR 1978 Terrell Academy Lady Eagles basketball team; commend and
invite to House ...................................................................................................HR 1977 Terrell Academy Lady Eagles softball team; commend and
invite to House ...................................................................................................HR 1976 The Lewis Family; commend and invite to House...............................................HR 1766

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INDEX

Thrash, Mr. Mo; commend and invite to House ..................................................HR 1125 United States Congress; adopt Fair Tax Act; urge .................................................HR 821 United States Congress; adopt legislation that promotes jobs
and energy development; request ......................................................................HR 1785 United States Congress; avoid wasteful projects; request ......................................HR 535 United States Congress; fully fund Resources Conservation
and Development Program; urge .......................................................................HR 1517 United States Congress; investigate fluctuation in oil and gas prices; urge...........HR 493 United States Congress; not decommission Coast Guard Security
Team 91108; urge ..............................................................................................HR 1516 United States Congress; not pass legislation preventing state
from collecting third-party hotel-motel tax; request..........................................HR 1484 United States Congress; send legislatures repeal of Sixteenth
Amendment; urge ................................................................................................HR 137 United States Department of Defense, Congress, and administration;
continue Yucca Mountain development; urge...................................................HR 1823 United States Department of Education; financial support for
Hispanic students; urge......................................................................................HR 2037 United States President and Congress; secure borders; reject
1986 legalization program repeat; urge .............................................................HR 1410 Veazey, Chance; commend and invite to House ..................................................HR 1411 Waller, Mr. Ronald L.; commend and invite to House ........................................HR 1399 Warner Robins American Little League softball team; commend
and invite to House ............................................................................................HR 1170 Warner Robins American Little League; commend and invite to House ............HR 1397 Watson, Doctor Walter Gamewell "Curly"; commend and invite to House........HR 1169 Whiddon, Mrs. Mattie Sue Edwards; commend and invite to House ..................HR 1940 Williams, Mr. Jeremy; Williams Family; commend and invite to House............HR 1653 WXIA-TV; Ted Hall; Matt Pearl; commend and invite to House .......................HR 1938 Yoculan, Coach Suzanne; commend and invite to House....................................HR 1346 Young Marines of Metro Atlanta; commend and invite to House .......................HR 1591
HOUSING (Also, see Building and Housing) Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ............................................................................................................... SB 335 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds.................. SB 369 Housing Authorities Law; certain past offenses; not disqualify applicants; provide...............................................................................................HB 113 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296

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6267

HUMAN RESOURCES, DEPARTMENT OF Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 "Diabetes and Health Improvement Act of 2010"; enact; establish Georgia Diabetes Control Office; board of trustees ............................................ SB 435 Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................................................................... SB 163 Human Resources, Department of; adopting a special needs child; financial assistance; provide ................................................................................HB 428 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Human Resources, Department of; incidence and treatment options of autism; provide guidelines..................................................................HB 774 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .........................................................................................HB 20 Presidential Preference Primary; establish candidate qualifications; provide ...............................................................................................................HB 1516 Public health system; career track program to recruit and retain nurses; require......................................................................................................HB 337 Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles................................HB 354 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222 Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................HB 239
HUNTING (See Game and Fish)

I
INCOME TAX Ad valorem tax exemption; net job producing jurisdictions; provide - CA ......................................................................................................HR 1448 Cost-of-Living Tax Fairness Act; enact .................................................................HB 443 Currency transactions; fee for wire transmitted money received; provisions...........................................................................................................HB 1243 Education; student scholarship organizations; repeal.............................................HB 175 General Assembly; members who fail to file state tax returns or default; provisions .........................................................................................HB 1083 Georgia taxable net income; exclusion for military retirement income; provide .................................................................................................HB 1112
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6268

INDEX

Georgia taxpayer; certified new business income; provide exclusion ...................HB 946 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Income tax credit; 5 percent of Federal Earned Income Credit
claimed; provisions ..............................................................................................HB 621 Income tax credit; caregiver expenses; revise and change.....................................HB 269 Income tax credit; certain clean energy property; change certain
provisions.............................................................................................................HB 419 Income tax credit; certain volunteer firefighters; provide ........................................HB 58 Income tax credit; citizenship expenses for low-income families;
provisions.............................................................................................................HB 759 Income tax credit; job creation; provisions ..........................................................HB 1204 Income tax credit; physicians providing indigent care services;
provisions...........................................................................................................HB 1038 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 4 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 5 Income tax credit; qualified broadband equipment; provide................................HB 1416 Income tax credit; qualified water and energy efficient product
expenses; provisions ............................................................................................HB 519 Income tax credit; unused conservation tax credits; provisions...........................HB 1202 Income tax credits; personal mass transportation expenses; provisions ................HB 255 Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Income tax exemptions; custodial and noncustodial parents;
revise and change certain provisions ...................................................................HB 270 Income tax payment; refund checks; change provisions........................................HB 962 Income tax payment; refund or waiver of de minimis overpayments
and insufficiencies; provide.................................................................................HB 971 Income Tax Returns; authorize taxpayers to make certain contributions;
programs for the education of multiple sclerosis................................................... SB 25 Income tax returns; contributions for education and multiple
sclerosis; authorize...............................................................................................HB 985 Income tax returns; make contributions for lupus, multiple sclerosis, and
kidney disease and general welfare of the state; authorize................................HB 1272 Income tax; broadband or wireless telephone towers; tax credits;
provisions.............................................................................................................HB 415 Income tax; certain qualified investments; income tax credit; provisions ...........HB 1001 Income tax; change certain definitions...................................................................HB 298 Income tax; change certain definitions.................................................................HB 1219 Income tax; film, video, or digital productions; revise credit ..............................HB 1247 Income tax; individual standard deductions; revise and change ............................HB 825 Income tax; order of credits applied on taxpayer's return; provisions .................HB 1241 Income tax; property donations for public parks; provide tax credit ...................HB 1523 Income tax; provide credits for equipment that reduces energy
or water usage; low-income tax residents; provisions.......................................HB 1069

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6269

Income tax; public safety income not subject to tax; provisions..........................HB 1180 Income tax; qualified equipment that reduces energy or water
usage; provide for tax credits...............................................................................HB 405 Income tax; tax credit for new freight rail infrastructure and
locomotive property; provisions ........................................................................HB 1145 Income tax; taxable income not include certain health plan premiums;
provide ...............................................................................................................HB 1515 Income tax; taxable nonresident; change definition .............................................HB 1198 Income tax; taxation of corporations; change certain provisions...........................HB 468 Income tax; withholding tax; seller subject to documentation
requirements; provide ..........................................................................................HB 374 Income taxes; expenses paid to captive factoring entities; disallow ......................HB 983 Income taxes; levy or collection of local income taxes; prohibit...........................HB 984 Income taxes; net capital gains excluded from state taxable
income; provide ...................................................................................................HB 655 Income taxes; portion of capital gains excluded; provisions................................HB 1037 Income taxes; private security for residential neighborhoods;
provide exemption ...............................................................................................HB 992 Income taxes; state income tax for corporations; abolish ....................................HB 1029 Income taxes; taxable resident; change definition..................................................HB 915 Income taxes; temporary reduction in certain credits; provide ............................HB 1068 Income taxes; temporary reduction of certain credits; provide ............................HB 1067 Individual tax rates and tables; surcharge on certain income; provide ................HB 1066 Peace officers; designation for training; provisions .............................................HB 1164 Revenue and tax; define Internal Revenue Code; incorporate
federal law..........................................................................................................HB 1138 Revenue and tax; revenue enhancement and tax relief; comprehensive
provisions...........................................................................................................HB 1278 Revenue and taxation; motor fuel excise tax; increase; provisions......................HB 1077 Small Business and Jobs Protection Act of 2009; enact...........................................HB 17 State income tax; federal reserve banks in Georgia shall not
be exempt; provide...............................................................................................HB 466 State Properties Commission; provide authority to enter into
multiyear lease agreements.................................................................................. SB 254 Student scholarship organizations; revise definition; provisions ...........................HB 394 Taxable net income; AmeriCorps payments and awards; provide
deduction..............................................................................................................HB 338 Vehicle fees; ad valorem fee payment at time of annual fee; provide .................HB 1248

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INDEX

INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Disability compensation; payments to law enforcement injured in line of duty; authorize....................................................................................HB 1385 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440 Georgia State Indemnification Fund; "in the line of duty" includes commuting; provisions ........................................................................................HB 815 Highway employees; death or disability; indemnification; change provisions.............................................................................................................HB 827 Jared Little Act; enact...........................................................................................HB 1230 "Jared Little Act"; Georgia State Indemnification Fund; payment shall be made to parents/siblings ......................................................................... SB 414 Penal institutions; Department of Probation/Parole Community Based Supervision; create......................................................................................HB 78
INDIGENT (Also, see Social Services) Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties ...................... SB 42 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ...................... SB 344 Income tax credit; physicians providing indigent care services; provisions ........HB 1038 Indigent and elderly patients; change certain definitions .......................................HB 380 Medicaid; federal financial participation; hospitals; impose fee............................HB 307
INSURANCE Campaign contributions; person of an insurance corporation; not make contribution; provisions .....................................................................HB 1166 Georgia Federal Health Care Nullified Amendment; enact - CA ........................HR 1107 Health care system; no law shall compel participation; provide - CA .................HR 1086 Health insurance; offer individual accident and sickness policies approved in other states; provisions ..................................................................HB 1184 "Healthy Georgians Act of 2010"; provide exemptions from certain unfair trade practices for certain wellness and health promotion programs .............................................................................................................. SB 411 Income tax; taxable income not include certain health plan premiums; provide ...............................................................................................................HB 1515 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies.................... SB 105 Insurance companies; liability for refusal to pay covered loss; change provisions ................................................................................................HB 450 Insurance Delivery Enhancement Act of 2009; enact ............................................HB 321

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6271

Insurance; accident and sickness policies; termination of coverage of surviving spouse/break in marital relationship; revise provisions .................. SB 481
Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; authorize insurers to offer individual medical/surgical health
insurance that have been approved for issuance in selected states...................... SB 407 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans;
approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively
revise requirements ..............................................................................................HB 843 Insurance; contracting entities; prohibit access to a provider's health care
services/contractual discount by certain contracting entities; definitions ............. SB 50 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; dispute; material not in English; provisions .........................................HB 417 Insurance; establish unfair trade practice to fail to consider
suitability for a person 65 years of age or older .................................................... SB 95 Insurance; federal health care plans not offer abortion coverage; provide ..........HB 1517 Insurance; Georgia Insurers Insolvency Pool liable in emergency;
provisions...........................................................................................................HB 1364 Insurance; group life policy coverage; remove participation
requirement ..........................................................................................................HB 305 Insurance; group life policy insurance; remove participation requirement............HB 411 Insurance; insurable interest in retired employee; may void
insurance; provisions .........................................................................................HB 1380 Insurance; insurers notify person claiming injury loss; require ...........................HB 1329 Insurance; Internet driver improvement programs; qualify for
reduction; provide ..............................................................................................HB 1424 Insurance; life settlements; revise certain definitions ............................................ SB 482 Insurance; marketing and sales; unscrupulous practices; broaden
prohibition..............................................................................................................HB 12 Insurance; no state health care plan offer abortion coverage; provide.................HB 1527 Insurance; payment or reimbursement of oral chemotherapy;
provide definitions .............................................................................................HB 1263 Insurance; payment to third parties; motor vehicle repair services;
provide ...............................................................................................................HB 1399 Insurance; pharmacy benefits managers; regulation and licensure ........................ SB 310 Insurance; provide certain definitions; include plan administrators
in prompt pay requirements; penalties................................................................... SB 62 Insurance; provide certain definitions; provisions..................................................HB 342 Insurance; purpose of a certificate of insurance; provide.....................................HB 1464 Insurance; require certain coverage for autism spectrum disorders;
provide definitions ............................................................................................... SB 161 Insurance; time periods and eligibility for continuation coverage; revise ...........HB 1268

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INDEX

Medicaid Care Management Organization Legislative Oversight Committee; create ................................................................................................ SB 443
Medicare Supplemental; make available to persons under age 65 who qualify for Medicare due to disability or end-stage renal disease ....................... SB 316
Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Religious organizations; qualify as a self-insurer; provisions................................HB 656 State Employees' Health Insurance Plan; Georgia Student Finance
Authority; contract in any state health insurance plan ........................................ SB 363 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296
IRWIN COUNTY Harry L. Portier Memorial Bridge; Irwin County; dedicate.................................HR 1482 State highway system; certain portions; dedicate.................................................HR 1513

J
JAILS (See Penal Institutions)
JASPER COUNTY Charles Thomas Edwards Memorial Bridge; Jasper County; dedicate ................HR 1434 State highway system; certain portions; dedicate.................................................HR 1513 Superior Court of Jasper County; appointment of a clerk of the magistrate court.............................................................................................. SB 264
JEFFERSON COUNTY Jefferson County Utilities Authority Act; enact .....................................................HB 637
JENKINS COUNTY Veterans Memorial Highway; Jenkins County; dedicate .....................................HR 1787
JESUP, CITY OF Hinson Mosley Highway; dedicate.........................................................................HR 582
JOHNS CREEK, CITY OF Maximum ad valorem tax levied by city; change provisions...............................HB 1483
JONES COUNTY Gray, Town of; powers of mayor; provide ...........................................................HB 1472

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6273

JONESBORO, CITY OF Lake Spivey Parkway; designate............................................................................HR 641 Levy excise tax; provide.......................................................................................HB 1288
JUDGES Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service.......................................................HB 832
JUDICIAL CIRCUITS Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change...........HB 1140 Piedmont Judicial Circuit; create new superior court judgeship ..............................HB 77
JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions.........................................................................HB 463 Georgia Judicial Retirement System; juvenile judges; provide .............................HB 817 Georgia Judicial Retirement System; survivors' benefits; provisions ......................HB 54 Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide...........................................................HB 211 State Employees' Assurance Department; group term life insurance; provisions...........................................................................................................HB 1223
JURIES Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Georgia Commercial Mortgage Fraud Act; enact; provisions .............................HB 1271 Georgia Regional Grand Jury Act; enact..............................................................HB 1396 Grand juries; oath given to all witnesses; provisions .............................................HB 939 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Judicial Council of Georgia; include president and president-elect of the Council of Municipal Court Judges of Georgia; require .....................................HB 837 Regional grand juries; create - CA .......................................................................HR 1683 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75
JUVENILE JUSTICE, DEPARTMENT OF Juvenile Justice, Department of; collect medical insurance reimbursement; authorize ..................................................................................HB 1264
JUVENILE PROCEEDINGS Behavorial Health/Developmental Disabilities; revise provisions......................... SB 375 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................ SB 529 Delinquent child; protective order for victims of acts of delinquency; provisions.............................................................................................................HB 729

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INDEX

Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .................................... SB 239
Juvenile Burglary Prevention Act of 2010; enact...................................................HB 824 Juvenile proceedings; admit general public to hearings; provisions ......................HB 616 Juvenile proceedings; arrest and detention of accused children;
risk assessment instrument; provisions................................................................HB 246 Juvenile proceedings; change provisions; smash and grab burglary
designated as felony; provide ............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving
credit for time served ........................................................................................... SB 400 Juvenile proceedings; detention; change provisions ............................................HB 1144 Juvenile proceedings; retired judge may perform marriage ceremonies;
provide ...............................................................................................................HB 1078 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Juvenile Proceedings; zero tolerance policy on weapons in schools;
change provisions ............................................................................................... SB 299 Mental health; Department of Behavioral Health and Developmental
Disabilities; revise provisions............................................................................HB 1324 Records and hearings; sharing of confidential information; provide .....................HB 544 Reunification of family; additional case plan and permanency
plan requirements; provisions............................................................................HB 1085 "Smash and Grab Act"; add additional offenses to the definition
of "designated felony act"; increase the penalty for burglary.............................. SB 423 Unruly children; zero tolerance policy on weapons in schools;
change provisions ..............................................................................................HB 1108

K
KENNESAW, CITY OF Kennesaw, Georgia; tragic shooting; first responders; heroic actions; recognize ...........................................................................................................HR 1142
KINGSLAND, CITY OF Corporate city limits; change................................................................................HB 1485 Redevelopment Powers Law; authorize ...............................................................HB 1331

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6275

L
LA GRANGE, CITY OF Levy excise tax; authorize ....................................................................................HB 1213 Millard Fuller Memorial Highway; City of LaGrange; dedicate .........................HR 1147 Redevelopment Powers Law; authorize ...............................................................HB 1212
LABOR AND INDUSTRIAL RELATIONS Employment Security Law; develop drug testing program for unemployment; provisions.................................................................................HB 1163 Indigent and elderly patients; change certain definitions .......................................HB 380 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Labor and industrial relations; Georgia Workforce Investment Board; Governor's Office of Workforce Development; create......................................HB 1195 Labor and industrial relations; unlawful to discriminate because of credit history or report; provide.....................................................................HB 1277 Labor union elections; urge Georgia Congressional Delegation to reject such measures ..........................................................................................HR 23 Labor; employer's civil immunity; provide ............................................................HB 887 Minimum wage; increase to match cost of living; reform provisions..................HB 1308 Minimum wage; increase; provide comprehensive reform ....................................HB 290 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Parent Protection Act; enact .....................................................................................HB 37 Public assistance; random drug testing for recipients; provisions........................HB 1389 Rehabilitation Services, Division of; consideration of financial need; eliminate.............................................................................................................HB 1311 Rehabilitation Services, Division of; transfer to Department of Community Affairs; repeal certain provisions ..............................................HB 1521 Self-employment Assistance Program; enact .........................................................HB 288 State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296 Workers' compensation; hearing loss; hearing level frequencies; revise certain provisions ......................................................................................HB 864 Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions ................................................................................................HB 1101
LAKES (See Rivers, Lakes, and Harbor Development)

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INDEX

LAMAR COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
LAND (See Property)
LANDLORD AND TENANT Dispossessory proceedings; landlord bar tenant entry after past due rent; provide ................................................................................................HB 1351 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57 Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions .....................................................HB 823 Property; prohibit sheriffs from turning out debtors or tenants in certain cases; provisions ..................................................................................HB 340
LANIER COUNTY Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671
LAURENS COUNTY Dexter, town of; municipal corporate limits; change ...........................................HB 1478 State highway system; certain portions; dedicate.................................................HR 1513 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
LAVONIA, CITY OF; corporate city limits; change and extend .........................HB 1497
LAW ENFORCEMENT OFFICERS AND AGENCIES "Blue Alert"; create state-wide system to speed the apprehension of violent criminals; local, state, and federal law enforcement officers.............. SB 397 Chief medical examiner; devote full time to duties and responsibilities of the office; require ............................................................................................HB 785 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions ....................................... SB 173 Criminal Records; increase the fees for providing certain records ........................ SB 102 Evidence; revise, supersede, and modernize provisions; provide definitions ..............................................................................................................HB 24 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51 Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions ............................. SB 371 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create .............HB 140

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6277

Georgia Bureau of Investigation; state-wide "Blue Alert" system; create; provisions ...................................................................................................HB 36
Georgia Crime Information Center; criminal records; change provisions .............HB 511 Georgia Crime Information Center; fingerprint searches for
certain applicants; authorize ..............................................................................HB 1229 Georgia Crime Information Center; provide access to criminal history;
change provisions ..................................................................................................HB 10 Georgia law enforcement officers; write citations legibly; urge ..........................HR 1486 Georgia Peace Officer Standards and Training Council; administrative
fees; clarify authority ...........................................................................................HB 921 Georgia Peace Officer Standards and Training Council; clarify
the authority of the council to impose administrative fees.................................. SB 324 Georgia Public Safety Training Center; training of elected members;
require ..................................................................................................................HB 124 Georgia StopMeth Log; establish; electronically recording the identity;
provide statement of purpose; definitions; misdemeanor penalty ........................ SB 56 Law enforcement officers and agencies; quotas for purpose
of raising revenue; prohibit..................................................................................HB 738 Law enforcement officers; stop motorists; race or ethnicity; prohibit .....................HB 53 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 110 Law enforcement vehicles; painted solid color; authorize .....................................HB 981 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Peace officers; designation for training; provisions .............................................HB 1164 Peace Officers; employment and training; require verification; provide ...............HB 159 Peace Officers; investigation of an applicant's good moral character;
applying for appointment or certification ............................................................ SB 373 Peace officers; investigation of applicant's moral character;
change certain provisions.....................................................................................HB 522 Public Safety, Department of; Capitol Police Division; create; provisions .........HB 1074 State Properties Code; modifying certain provisions; acquiring
real property through commission ....................................................................... SB 455 State Public Safety Monitoring Act; establish........................................................HB 602
LEARY, CITY OF; provide new charter ..............................................................HB 1282
LEE COUNTY Magistrate Court; increase law library fee; authorize ..........................................HB 1463 Provide the chief Magistrate shall appoint the clerk of the Magistrate Court .................................................................................................. SB 548 Public Property; conveyance; 11 counties............................................................ SR 1083

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6278

INDEX

LEGISLATIVE RETIREMENT SYSTEM Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide...........................................................HB 211 State Employees' Assurance Department; group term life insurance; provisions...........................................................................................................HB 1223
LIBERTY COUNTY Liberty County Industrial Authority; members vote by phone; provide..............HB 1476 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
LICENSE PLATES AND REGISTRATION Georgia Trauma Care Network Commission; certain reports; certain funds; provisions......................................................................................HB 148 Historical Georgia license plates; increase time period; provide .............................HB 79 License plates; space for county name decal; provide ...........................................HB 914 Motor vehicles; applying or renewing license plate; donate to county libraries; provide................................................................................HB 1471 Motor vehicles; license plate and tag registration suspension; provisions.............HB 838 Motor vehicles; limit charge for registration records; provisions ........................HB 1071 Motor vehicles; period which late registration penalty not entered; provide .................................................................................................................HB 506 Motor vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide ..........................................................HB 1005 Motor vehicles; taxicab and limousine; provide new definition ............................HB 404 Motor vehicles; taxicab and limousine; registration and titling; provisions...........................................................................................................HB 1404 Motor vehicles; temporary registration of certain vehicles; provisions ...............HB 1226 Special license plates; Alpha Kappa Alpha sorority; provide ..............................HB 1070 Special license plates; family of service members killed in action; expand definition ...............................................................................................HB 1012 Special license plates; Lupus Foundation of America; provide ...........................HB 1273 Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 Special license plates; Purple Heart; provisions.....................................................HB 341 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 Vehicle fees; ad valorem fee payment at time of annual fee; provide .................HB 1248
LICENSES Alcoholic beverages; filing of bonds with license renewal applications; change provisions ..............................................................................................HB 1350 Alcoholic beverages; issuance of licenses; revise certain provisions ....................HB 102

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6279

Distilled spirits; state license requirements; identifying information; provide .................................................................................................................HB 115
Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325
Game and fish; certain licenses for exotic game; define terms ............................HB 1270 Hunting and fishing licenses; military veteran entitled to honorary
license; provide ..................................................................................................HB 1187 Hunting; permits to kill deer; damage to crops; change certain provisions ...........HB 570 License to carry handgun; persons complete handgun safety course;
provisions...........................................................................................................HB 1152 Licenses; authority to discipline a physical therapist; modify provisions............HB 1475 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address;
provide .................................................................................................................HB 260 Pistol or revolver license; training for certain persons; license
shall include photograph and current address; provide .......................................HB 835 Special license plates; Lupus Foundation of America; provide ...........................HB 1273 State government; replacement permits, licenses, and identification
cards; provisions ................................................................................................HB 1019 Wild animal licenses; noncommercial and educational; provide .........................HB 1185
LIENS (See Mortgages, Liens, and Security)
LILBURN, CITY OF; change the corporate limits of the city ............................... SB 533
LIVESTOCK Livestock; National Animal Identification System; no owner required to participate; provide............................................................................HB 699 Sales and use tax exemptions; fuel used where swine are raised; extend sunset......................................................................................................HB 1088
LIVING WILLS Medical treatment; nourishment of person receiving health care; provide ..........HB 1435 Surgical or medical treatment; nourishment or hydration; provisions .................HB 1178
LOBBYING AND LOBBYISTS Lobbying practices; prohibit address to any General Assembly committee; provide ..............................................................................................HB 912 Lobbyists; expenditure reporting; provisions .........................................................HB 919

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6280

INDEX

LOCAL GOVERNMENT (Also, see Counties or Municipalities) "Advanced Broadband Collocation Act"; provide procedures; modification/collocation of wireless communication facilities........................... SB 432 Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions ...........................................................................HB 842 Alcoholic beverage sales; subject to regulation by counties; provisions .............HB 1091 Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ................................................................................................. SB 335 Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide......................................................................................HB 104 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 138 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 352 Annexation of territory; deannexation; repeal certain provisions ..........................HB 558 Bonds; interest and dividends received on bond funds; provisions .........................HB 35 Buildings/Local Government; modify agencies/instrumentalities in which housing authorities/political subdivisions can invest funds ................................ SB 369 Code Officials; provide for protection and training; definitions; criminal penalties................................................................................................. SB 188 Contracting and bidding; health insurance for employees; provide.......................HB 560 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Convention and Tourism Special District Act of 2010; enact................................HB 902 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Coroner; shall be a county officer; provide - CA .................................................HR 1237 Coroner; shall be county officer; provide - CA....................................................HR 1401 Counties and municipalities; budget excess; searchable website; provisions.............................................................................................................HB 122 Counties and municipalities; nonexclusive franchise agreements; provisions.............................................................................................................HB 613 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21 Counties; purchasing department; change provisions ..........................................HB 1487 County and Municipal Probation Advisory Council; certain limitations; clarify................................................................................................HB 622 County and municipal tax levies; fund domed stadium; revise provisions............HB 903 County boards of tax assessors; appeal of assessments; comprehensive revision.................................................................................................................HB 587 County functions; more than 80 percent of land in one or more municipal corporations; limit - CA....................................................................HR 1589 County law libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ..........................HB 858

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INDEX

6281

County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369
Detention; counties demonstrate use of federal Department of Homeland Security's Secure Communities initiative; funding for housing state inmates......................................................................................................... SB 385
Development authorities; change a certain definition ..........................................HB 1388 Elections; county board of education members; nepotism restrictions;
remove .................................................................................................................HB 924 Ethics; reforms; provide for lobbyist training; provide for expanded
lobbyist disclosure; change certain provisions ...................................................... SB 96 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Georgia Employer and Worker Protection Act of 2010; enact ............................HB 1259 Georgia Environmental Facilities Authority; change name to
Georgia Environmental Finance Authority .........................................................HB 244 Georgia Tourism and Community Development Act for Natural
and Cultural Resources; enact ...........................................................................HB 1522 Georgia Tourism Development Act; enact...........................................................HB 1251 Georgia Tourism Development Act; enact...........................................................HB 1266 Georgia Townships Act; enact .................................................................................HB 30 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Homeowner tax relief grants; appropriating funds; change manner
and method...........................................................................................................HB 826 House Study Committee on City and County Consolidation; create .....................HR 820 Inactive municipalities; dissolution of municipal corporation;
specify burden of proof......................................................................................HB 1318 Local boards of education; members employed by school system;
prohibit...............................................................................................................HB 1110 Local boards of education; solicit and accept donations for field trips;
authorize.............................................................................................................HB 1200 Local enforcement boards; unclaimed homestead exemption;
name of agent responsible; provide ...................................................................HB 1340 Local government entities; citizens have right to speak at meetings;
provide ...............................................................................................................HB 1305 Local Government Equipment Financing Authority Act; enact...........................HB 1022 Local Government Prepaid Wireless 9-1-1 Fee Collection Authority;
create ..................................................................................................................HB 1442 Local government storm water utility charges; exempt state
government entities; provide ...............................................................................HB 316 Local Government; authorize counties/municipal corporations
to grant conservation easements .......................................................................... SB 390 Local government; automatic extension of service delivery
strategy agreements; provide ...............................................................................HB 717 Local government; bond proceeds; provide procedures.........................................HB 203

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6282

INDEX

Local government; bonds; clarify certain terms .....................................................HB 881 Local government; code enforcement boards; provide definitions ......................HB 1173 Local government; county surveyors; provisions.....................................................HB 72 Local government; franchise fees; change provisions..............................................HB 48 Local government; members of authorities; conflicts of interest;
revise provisions ................................................................................................HB 1304 Local Government; newly created municipalities; change certain
provisions............................................................................................................... SB 58 Local government; public works bidding; health insurance; require .....................HB 223 Local government; transfer of certain revenues; limit .........................................HB 1323 Local governments; constitutional zoning authority; remove prohibition ...........HB 1384 McPherson Implementing Local Redevelopment Authority;
modify certain provisions; membership; community representation .................. SB 539 Motor vehicles; applying or renewing license plate; donate
to county libraries; provide................................................................................HB 1471 Municipal corporation; special district tax; create .................................................HB 515 Municipal corporations; ante litem notice; change provisions...............................HB 125 Municipal corporations; continue to receive services as prior
to incorporation; authorize.................................................................................HB 1306 Municipal Corporations; create special district which employs
in excess of 1500 police officers/firefighters combined........................................ SB 77 Municipal corporations; immunity from liability for damages; provisions ...........HB 683 Municipal Courts; judges be attorneys; require....................................................HB 1236 Municipal courts; judges to be attorneys; require ..................................................HB 478 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Occupation taxes; counties collect certain information with
taxes; provisions ................................................................................................HB 1137 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Probation; County and Municipal Probation Advisory Council;
repeal creation......................................................................................................HB 619 Property; covenants with the land; zoning laws; clarify provisions....................... SB 322 Property; municipal corporations grant conservation easements;
authorize.............................................................................................................HB 1109 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions.............................................................................................................HB 600 Public Roads; further declare authority of counties/municipalities to
remove roads from their systems when removal is in best public interest .......... SB 354 Real and personal property; certain persons be granted first
right to purchase property; provide......................................................................HB 857 Redevelopment Powers Law; tax allocation increments; administrative
body consent; provide..........................................................................................HB 664 Redevelopment; directors of downtown development authority
designated as urban redevelopment agency; serve as commissioners................. SB 456

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6283

Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640
Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/ road is closed to traffic................. SB 345
Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; county and municipal; distribution of proceeds; revise ............HB 991 Sales and use tax; county tax for educational purposes; revise............................HB 1020 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; point of sale data made available to counties; provide ...........HB 1372 School sites; acquiring and disposing; sale or conveyance; provisions .................HB 703 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................HB 406 Service strategy development; fees collected offset certain costs;
provisions...........................................................................................................HB 1203 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State Road and Tollway Authority; abolish and transfer duties
to Department of Transportation; provide .........................................................HB 1443 Taxation; furnishings for accommodations; authorize ...........................................HB 993 Uniform Emergency Volunteer Health Practitioners Act; enactment;
definitions; regulations ........................................................................................ SB 315 Uniform rules of the road; bicycles on sidewalks; local government;
authorize...............................................................................................................HB 422 War on Terrorism Local Assistance Act; repeal certain provisions.....................HB 1131
LOCAL OPTION SALES TAX Local option sales tax proceeds; distribution; change provisions ..........................HB 137 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Tax; regional local option transportation tax - CA................................................... SR 44
LOCUST GROVE, CITY OF Authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations................................................................................... SB 183
LOGANVILLE, CITY OF Loganville High School wrestling team; commend and invite to House.............HR 1383
LOTTERY FOR EDUCATION Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts .................................. SB 496 Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility ................................. SB 340

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6284

INDEX

Georgia Lottery Corporation; Board of Directors; revise composition..................HB 512 Georgia Lottery Corporation; review policies to include incentive
and bonus payments; urge .................................................................................HR 1360 Georgia Lottery Corporation; review policies to include incentive
and bonus payments; urge .................................................................................HR 1361 Georgia Military College; eligible for HOPE grants; provide ...............................HB 162 HOPE; provide person shall be legal Georgia resident to be eligible for a
HOPE GED voucher............................................................................................ SB 341 Lottery for education; prerequisites prior to employees receiving
compensation; provide.........................................................................................HB 677 Lottery funds; used for programs to assist learning disabled children;
provide - CA ......................................................................................................HR 1480 Lottery games; use of electronic and mechanical devices; limit use......................HB 697 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448
LOWNDES COUNTY; Board of Commissioners; provide..................................HB 1510
LUMPKIN COUNTY Dahlonega, City of, in the County of Lumpkin; special elections; provide.........HB 1042 Magistrate Court of; appoint clerk; provide .........................................................HB 1378

M
MACON COUNTY Macon-Bibb, Georgia; provide unified government ............................................HB 1161 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
MACON, CITY OF Levy an excise tax; authorize .................................................................................HB 779 Levy an excise tax; authorize .................................................................................HB 805 Levy an excise tax; authorize .................................................................................HB 807 Levy excise tax; provide.......................................................................................HB 1286
MADISON COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
MAGISTRATE COURTS (Also, see Courts) Constables/Marshals; notify protected persons upon the service of certain protective orders ...................................................................................... SB 4 Courts; adjust certain fees for inflation; provisions..............................................HB 1328
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6285

Magistrate court clerk; superior court clerk serve when not provided by law; provisions...............................................................................HB 1172
Magistrate court clerks; General Assembly specify who serves as clerk; provide.................................................................................................HB 1057
Magistrate courts; "Georgia Civil Practices Act"; provisions ................................HB 885 Magistrate courts; jurisdictional limit in civil claims; increase..............................HB 973
MARIETTA, CITY OF City council meetings; modify provisions............................................................HB 1455 Luke Dollar Highway; dedicate..............................................................................HR 739 Modify provisions relating to the city council; provide for agenda work sessions ................................................................................................................ SB 540
MARRIAGE (Also, see Domestic Relations) Juvenile proceedings; retired judge may perform marriage ceremonies; provide ...............................................................................................................HB 1078 Privilege; confidentiality of communications between husband and wife; change certain provisions ....................................................................HB 840
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Clayton County; become participant in MARTA; hold nonbinding
referendum .........................................................................................................HB 1446 MARTA; administration or collection of retail sales and use tax; provide............HB 727 MARTA; allow a transportation services contract to authorize the
extension of/addition to the Authority's existing rapid rail system ..................... SB 120 MARTA; allow transportation services contract to authorize
the extension to Authority's existing rapid rail system........................................ SB 285 MARTA; exercise authority to combine with Georgia Regional
Transportation Authority; urge ............................................................................HR 368 Mass transportation; MARTA board of directors; change membership ..............HB 1437 Metropolitan Atlanta Rapid Transit Authority Act of 1965;
Board of Directors; change composition .............................................................HB 900
MASS TRANSPORTATION MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system ..................... SB 120 Mass transportation; MARTA board of directors; change membership ..............HB 1437 Transportation Investment Act of 2010; enact .....................................................HB 1218
MAYSVILLE, CITY OF; provide new charter ......................................................HB 961
MCINTOSH COUNTY; vehicle registration period; repeal ..................................HB 964

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6286

INDEX

MEDICAL ASSISTANCE AND MEDICAID Community Health, Department of; require Medicaid home pilot projects; urge .............................................................................................HR 2102 Medicaid and PeachCare for Kids Program; contract termination; provide requirements .........................................................................................HB 1317 Medicaid and PeachCare for Kids; single administrator for dental services; provisions.................................................................................HB 1407 Medicaid Care Management Organization Legislative Oversight Committee; create ................................................................................................ SB 443 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 Medical assistance; health organizations providing service under Medicaid; repeal tax exemption.........................................................................HB 1170 State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89
MEDICAL OR SURGICAL TREATMENT Medical treatment; nourishment of person receiving health care; provide ..........HB 1435 Surgical or medical treatment; additional persons authorized to consent to treatment; provisions ......................................................................HB 742 Surgical or medical treatment; nourishment or hydration; provisions .................HB 1178 Surgical/Medical Treatment; provide for additional persons/entities; authorized to consent on behalf of an incapacitated person ................................ SB 367
MENTAL HEALTH Behavioral Health/Developmental Disabilities; revise provisions......................... SB 375 House Adult Mental Health and Disability Facilities Study Committee; create ..................................................................................................................HR 2038 House Study Committee on Autism; create ...........................................................HR 650 Mental health; competent adult to control directly or indirectly mental health care decisions; provisions .............................................................HB 339 Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions............................................................................HB 1324 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Proceedings; provide for certain children found incompetent to stand trial ......................................................................................................... SB 391
MERIT SYSTEM (Also, see State Employees or State Government) Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose ............................................................ SB 427 State offices; accrual of leave during a furlough period; provide ..........................HB 671

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6287

State Personnel Board; State Merit System of Personnel Administration; remove provisions - CA.....................................................................................HR 1768
Teacher sick and personal leave; compensate for furlough days; provisions...........................................................................................................HB 1205
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption .................................................................................................HB 520
Ad valorem tax; United States servicemembers killed in action; surviving spouses; increase homestead exemption..............................................HB 407
Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Citizen Stamp Advisory Committee; issue all-Hispanic 65th
Infantry Regiment stamp; urge ..........................................................................HR 2036 Commerce/Trade; prohibit pricing practices during an abnormal
market disruption; petroleum products; define terms.......................................... SB 237 Education, Department of; implement safe guards for recruitment
of 17-year-olds; urge..........................................................................................HR 1219 Emergency Defense of the Home Act; enact..........................................................HB 872 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; laws concerning carrying of concealed weapons;
revise comprehensively........................................................................................ SB 291 Freedom from Compulsory Pandemic Act; enact ..................................................HB 871 Generals; strong position on "don't ask, don't tell" policy; commend....................HR 580 Georgia taxable net income; exclusion for military retirement
income; provide .................................................................................................HB 1112 Israel; defense against Gaza Strip terrorism; solidarity........................................HR 2042 John McHugh, Secretary of the Army; Fort Hood shootings;
unborn child as victim; urge ..............................................................................HR 1294 Public high schools; option to not release information to military
recruiters; provide ..............................................................................................HB 1457 Special license plates; family of service members killed in action;
expand definition ...............................................................................................HB 1012 Special license plates; Purple Heart; provisions.....................................................HB 341 Uniform Emergency Volunteer Health Practitioners Act; enactment;
definitions; regulations ........................................................................................ SB 315 United States Congress; not decommission Coast Guard Security
Team 91108; urge ..............................................................................................HR 1516 United States Department of Defense, Congress, and administration;
continue Yucca Mountain development; urge...................................................HR 1823

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6288

INDEX

MILLER COUNTY Board of elections; create .....................................................................................HB 1044 South Georgia Regional Information Technology Authority; change certain provisions...................................................................................HB 1010
MINORS (Also, see Juvenile Proceedings) Delinquent child; protective order for victims of acts of delinquency; provisions.............................................................................................................HB 729 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care ..................................................................................................... SB 451 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .................................... SB 239 Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation................... SB 426 Education; require as part of course of study in secondary health education a course of study in basic first aid....................................................... SB 298 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students............. SB 392 Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility ................................. SB 340 Education; require study of the pledge of allegiance to the flag of United States and Georgia flag; American institutions and ideals .................................. SB 518 Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions .................................... SB 250 Georgia Student Finance Commission; provide for career counseling/advisement for students in grades 6 through 12................................ SB 387 Juvenile Burglary Prevention Act of 2010; enact...................................................HB 824 Juvenile Justice, Department of; collect medical insurance reimbursement; authorize ..................................................................................HB 1264 Juvenile proceedings; arrest and detention of accused children; risk assessment instrument; provisions................................................................HB 246 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served ........................................................................................... SB 400 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ............................................................................................... SB 299 Minors; sale of cigarette and tobacco objects; blunt wraps; provide regulation ...........................................................................................................HB 1440 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ....................................................................... SB 360 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387

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6289

Public School; reporting by local boards of education regarding expulsion/disciplinary actions for students bringing weapons to school ............ SB 332
Unruly children; zero tolerance policy on weapons in schools; change provisions ..............................................................................................HB 1108
Voter registration; any qualified 16 year old student may preregister; provisions...........................................................................................................HB 1335
Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times ................. SB 474
MITCHELL COUNTY South Georgia Regional Information Technology Authority; change certain provisions...................................................................................HB 1010 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
MONROE COUNTY Honorable Hugh D. Sosebee Bridge; Monroe County; dedicate .........................HR 1349 State highway system; certain portions; dedicate.................................................HR 1513
MONTEZUMA, CITY OF T.C. Coogle Memorial Bridge; Oglethorpe County; dedicate .............................HR 1474
MONTGOMERY COUNTY Board of Commissioners; terms of office; provide ..............................................HB 1422
MORGAN COUNTY State highway system; certain portions; dedicate.................................................HR 1513 Walter Curtis Butler, Junior Memorial Bridge; Morgan County; near US 278; dedicate ........................................................................................HR 1477 Walter Curtis Butler, Junior Memorial Bridge; Morgan County; over I-20; dedicate .............................................................................................HR 1478
MORROW, CITY OF; levy excise tax; authorize................................................HB 1197
MORTGAGES, LIENS, AND SECURITY Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Conveyances; regulation of security conveyances; revise; provisions...................HB 264 Foreclosure; allow right of redemption of mortgages; provisions .......................HB 1228 Foreclosure; change time for delivery of notice; provisions ..................................HB 899 Foreclosure; conditioning sale of foreclosed home; provisions ...........................HB 1460 Foreclosure; delivery of notice; change time; provisions.......................................HB 972 Foreclosures; notice to occupant of impending sale; provide ................................HB 761

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6290

INDEX

Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57
Georgia Foreclosed Property Upkeep Act; enact ...................................................HB 627 Mechanics and materialmen; contractor sign affidavit; verify pay; provide..........HB 253 Property; liens of mechanics/materialmen; provide for amended liens ................. SB 362 Property; prohibit sheriffs from turning out debtors or tenants
in certain cases; provisions ..................................................................................HB 340 Recording of foreclosures and deeds; timely filing of deed; provisions ..................HB 40 Special liens on personalty; eliminate aircraft liens; provisions ..........................HB 1147 Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish .........................HB 508 United States Congress; pass legislation that addresses subprime
consumer needs; request ......................................................................................HR 775
MOTOR CARRIERS Drivers and drivers' licenses; change provisions....................................................HB 396 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students............. SB 392 Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information ........................................HB 389 Motor vehicles; taxicab and limousine; provide new definition ............................HB 404 Personal property; limit storage fees for nonconsensually towed vehicles; provisions..............................................................................................HB 328
MOTOR FUEL AND ROAD TAX House Motor Fuel Tax Study Committee; create.................................................HR 1715 Motor fuel and road tax; inspections; definitions; change certain provisions.............................................................................................................HB 513 Motor fuel tax; expiration date for exemption; extend.........................................HB 1129 Motor fuel tax; jet and aviation gasoline; maintain public-use airports; provide - CA ........................................................................................HR 1681 Motor fuels tax; fund grants to maintain public roads, bridges and public transit; provide - CA ........................................................................HR 1781 Motor fuels tax; subject to 4 percent tax; provisions ...........................................HB 1419 Revenue and tax; motor fuels exemptions; change provisions ............................HB 1143 Revenue and taxation; motor fuel excise tax; increase; provisions......................HB 1077 Sales and use tax; cap exemption; metropolitan public transportation purposes; provisions ..........................................................................................HB 1393 Sales and use tax; motor fuel collections; appropriated for transportation; provisions - CA..................................................................................................HR 1300 Sales and use tax; motor fuel sales; change certain provisions ..............................HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation grant purposes; provide - CA...............................................................................HR 220 Sales and use tax; second motor fuel tax; change certain provisions.......................HB 61

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INDEX

6291

MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; define terms; provisions ..............................................HB 83 Abandoned motor vehicles; possessory liens; define certain terms .......................HB 174 Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ................................................................HB 348 Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption .................................................................................................HB 520 Aggressive driving; define the offense; provide.....................................................HB 146 Bicycles; operation on sidewalks; authorize local governments............................HB 965 Blood Pressure Down Shift Program; request creation ..........................................HR 772 Brakes; surge brakes; update certain provisions.....................................................HB 397 Certificates of title; inspect salvaged or rebuilt motor vehicles; change duty ........................................................................................................HB 1344 Corrections, Department of; amend various titles; provisions .............................HB 1030 Disability parking laws; appointed law enforcer have disability; remove requirement ...........................................................................................HB 1338 Driver clinics and programs; assessment fees for approved programs; increase ................................................................................................................HB 454 Driver Services, Department of; measure effectiveness of online courses; provisions.............................................................................................HB 1036 Drivers and drivers' licenses; change provisions....................................................HB 396 Drivers' License; instructional permit reported stolen or forged; department shall issue a replacement permit with a new number ....................... SB 287 Driver's license; minor of disabled guardian; valid instruction permit; provisions ................................................................................................HB 258 Drivers' License; provide for notation; post traumatic stress disorder; members of armed services/veterans.................................................... SB 419 Drivers' licenses; defense for drivers; no vision condition restriction; provide ...............................................................................................................HB 1224 Drivers' licenses; driving while license suspended or revoked; change certain provisions.....................................................................................HB 494 Drivers' licenses; examinations; only in English language; provide......................HB 533 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception ...................................................... SB 67 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement ................................................................................ SB 2 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Drivers' licenses; following a five-year revocation or suspension; certain conditions met; provisions .......................................................................HB 612 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ............................................................................................................HB 21 Drivers' licenses; licensed defensive driving courses; provisions..........................HB 538

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6292

INDEX

Drivers' licenses; suspend Class M driving upon conviction; provisions ............HB 1017 Drivers' licenses; suspended or revoked; clarify a defense ....................................HB 554 Driver's Licenses; suspension of a license when driving on restricted
licenses; provisions .................................................................................................. SB 6 Driving Permits; allow issuance of a limited driving permit; person
convicted of driving under the influence subject to certain conditions............... SB 180 Driving under the influence; convicted have ignition interlock
device installed; provisions................................................................................HB 1124 Driving under the influence; notice of conviction publication;
change provisions ................................................................................................HB 898 Driving; safe distance between vehicle and bicycle; provide ................................HB 988 Elections; provide for online voter registration; procedures .................................. SB 406 Elementary and secondary education; school funding; new and
refurbished school buses; enact provisions..........................................................HB 936 Fees; change amount; provisions..........................................................................HB 1055 Flow of traffic; minimum fine for impeding traffic flow; provide.......................HB 1047 General Assembly; additional fees for offenses; allocate to
Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 Georgia School Bus Safety Task Force; create ....................................................HB 1348 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions......................................................................................HB 148 Georgia Trauma Trust Fund; impose a charge on certain motor
vehicle registrations - CA .................................................................................... SR 277 Habitual violators and probationary licenses; notification status;
change certain provisions.........................................................................................HB 9 Highway work zones; speeding; change certain provisions...................................HB 296 Historical Georgia license plates; increase time period; provide .............................HB 79 House Study Committee on Compliance by Local Governments
with the Red Light Camera Law; create ..............................................................HR 774 Insurance; Internet driver improvement programs; qualify for
reduction; provide ..............................................................................................HB 1424 Insurance; payment to third parties; motor vehicle repair services;
provide ...............................................................................................................HB 1399 Law enforcement officers; stop motorists; race or ethnicity; prohibit .....................HB 53 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 110 Law enforcement vehicles; painted solid color; authorize .....................................HB 981 License plates; space for county name decal; provide ...........................................HB 914 Motor carriers; financial responsibility compatible with federal
regulations; provisions.........................................................................................HB 990 Motor fuels tax; fund grants to maintain public roads, bridges
and public transit; provide - CA ........................................................................HR 1781 Motor vehicles and traffic; safer bicycle riding; provide definitions ...................HB 1381

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6293

Motor vehicles; applying or renewing license plate; donate to county libraries; provide................................................................................HB 1471
Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing Texting While Driving"; establish ....................................................................... SB 360
Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor Vehicles; designate ambulances as emergency vehicles;
exclude certain ambulance providers from certain permit requirements ............ SB 410 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Motor vehicles; ladder rack; carrying of ladders stacked more
than three high; prohibit.......................................................................................HB 828 Motor vehicles; license plate and tag registration suspension; provisions.............HB 838 Motor vehicles; limit charge for registration records; provisions ........................HB 1071 Motor Vehicles; motorized cart; modify definition; change hours of
operation; provide local governments decide operators be licensed .................. SB 519 Motor vehicles; period which late registration penalty not entered;
provide .................................................................................................................HB 506 Motor vehicles; prohibit law enforcement from using race or
ethnicity; provisions...........................................................................................HB 1009 Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Motor vehicles; revocation of licenses; wireless telecommunication
devices; prohibit use ............................................................................................HB 938 Motor vehicles; taxicab and limousine definitions; "In God We Trust"
license plate decal; Zoo Atlanta; provide ..........................................................HB 1005 Motor vehicles; taxicab and limousine; provide new definition ............................HB 404 Motor vehicles; taxicab and limousine; registration and titling; provisions ........HB 1404 Motor vehicles; temporary registration of certain vehicles; provisions ...............HB 1226 Motor vehicles; traffic-control signal monitoring devices; repeal
provisions...............................................................................................................HB 31 Motor vehicles; use of safety belts; eliminate certain exceptions .............................. SB 5 Motor vehicles; use of wireless telecommunications devices; prohibit .................HB 944 Motor vehicles; wireless communication devices; provisions .................................HB 19 Motorcycles; intersection controlled by traffic-control signal;
provide for operation ...........................................................................................HB 617 Motorcycles; provisions requiring protective headgear; exempt
certain persons .....................................................................................................HB 317 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Off-road vehicles; operating restrictions; change certain provisions .....................HB 207 Overtaking a school bus; reporting violations; enforced by video
images; define terms ..........................................................................................HB 1374 Pedestrians; provide definitions; clarify legal activities...........................................HB 13 Pedestrians; provide definitions; clarify legal activities...........................................HB 76 Public Roads; provide for regulation of oversize and overweight
loads on streets or highway.................................................................................. SB 526

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6294

INDEX

Public roads; regulate oversize and overweight loads; provisions.......................HB 1174 Public safety and transportation commissioners; increase maximum
speed limit on parts of Interstate 185; urge .......................................................HR 1648 Right to Travel Act; enact.......................................................................................HB 875 Rules of Road; provide for use of more than one parking place
by persons with disabilities when all parking places are full ............................. SB 153 Rules of Road; wearing a device which impairs hearing/vision; exempt
headsets connected to hands-free mobile communication devices ..................... SB 306 Rules of the Road; allow races on county/municipal roads when
sanctioned by the local governing authority/ road is closed to traffic................. SB 345 Safety belts; change certain provisions ................................................................HB 1398 Safety Belts; eliminate certain exceptions to the required use
of safety belts ....................................................................................................... SB 458 Safety belts; failure to use; recover costs incurred; provide...................................HB 256 Safety belts; new school buses equipped; provide .................................................HB 201 Safety belts; passenger vehicles; change certain provisions ..................................HB 525 Safety belts; pickup trucks; rear seats of vehicles; require.......................................HB 22 Safety Belts; provide failure to use may be considered evidence
of causation, negligence......................................................................................... SB 23 Secondary metals recyclers; vehicles used to transport stolen
metals; provide forfeiture ....................................................................................HB 497 Special license plates; Alpha Kappa Alpha sorority; provide ..............................HB 1070 Special license plates; family of service members killed in action;
expand definition ...............................................................................................HB 1012 Special license plates; Lupus Foundation of America; provide ...........................HB 1273 Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 Special license plates; Purple Heart; provisions.....................................................HB 341 Speed detection devices; clarify definition; provide ..............................................HB 154 Speed detection devices; inadmissibility of evidence; remove restriction.............HB 532 Speed detection devices; name roads to be used; visible at 500 feet;
repeal....................................................................................................................HB 978 Speed detection devices; school zones; certain restrictions not apply ...................HB 287 State Road and Tollway Authority; abolish and transfer duties
to Department of Transportation; provide .........................................................HB 1443 State title fees; motor vehicles; provide - CA.........................................................HR 566 Sunset revisions; repeal automatic expiration; provisions ...................................HB 1165 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 The Billy Foulke Seatbelt Act; enact......................................................................HB 142 Tires; use of retreaded tires; change provisions .....................................................HB 144 Uniform rules of the road; bicycles on sidewalks; local government;
authorize...............................................................................................................HB 422

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6295

Uniform rules of the road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions..................HB 1231
Uniform rules of the road; securing live animals in motor vehicles; require ..................................................................................................................HB 692
Uniform rules of the road; use of radios and mobile telephones; change certain provisions.....................................................................................HB 945
Uniform rules of the road; vehicles used to transport aggregate materials; clearly identify; require.......................................................................HB 792
Used cars; nondisclosure of known defects by seller; provide penalty..................HB 852 Vehicle fees; ad valorem fee payment at time of annual fee; provide .................HB 1248 Vehicles; all shall be driven on right side of roadway; certain
exceptions; provide ..............................................................................................HB 631
MOUNTAIN PARK, CITY OF Number of councilmen; change provisions ..........................................................HB 1403
MUNICIPALITIES (Also, see Local Government or Named Municipality)
Alcoholic Beverages; counties/municipalities with approval; prohibition against sale on the premises with 100 yards of any local housing authority ................................................................................................. SB 335
Annexation of territory; deannexation; repeal certain provisions ..........................HB 558 Code Officials; provide for protection and training; definitions;
criminal penalties................................................................................................. SB 188 Counties and municipalities; budget excess; searchable website;
provisions.............................................................................................................HB 122 Counties and municipalities; nonexclusive franchise agreements;
provisions.............................................................................................................HB 613 County and Municipal Probation Advisory Council; certain
limitations; clarify................................................................................................HB 622 County and municipal tax levies; fund domed stadium; revise provisions............HB 903 County functions; more than 80 percent of land in one or more
municipal corporations; limit - CA....................................................................HR 1589 County or municipality; ad valorem tax; homestead exemption;
authorize - CA......................................................................................................HR 369 Georgia Employer and Worker Protection Act of 2010; enact ............................HB 1259 Georgia Tourism Development Act; enact...........................................................HB 1266 Georgia Townships Act; enact .................................................................................HB 30 Inactive municipalities; dissolution of municipal corporation;
specify burden of proof......................................................................................HB 1318 Local enforcement boards; unclaimed homestead exemption;
name of agent responsible; provide ...................................................................HB 1340

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6296

INDEX

Local government entities; citizens have right to speak at meetings; provide ...............................................................................................................HB 1305
Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................... SB 390
Local government; automatic extension of service delivery strategy agreements; provide ...............................................................................HB 717
Local government; bond proceeds; provide procedures.........................................HB 203 Local government; code enforcement boards; provide definitions ......................HB 1173 Local government; franchise fees; change provisions..............................................HB 48 Local Government; newly created municipalities; change certain
provisions............................................................................................................... SB 58 Local government; transfer of certain revenues; limit .........................................HB 1323 Municipal corporation; special district tax; create .................................................HB 515 Municipal corporations; ante litem notice; change provisions...............................HB 125 Municipal corporations; continue to receive services as prior
to incorporation; authorize.................................................................................HB 1306 Municipal Corporations; create special district which employs
in excess of 1500 police officers/firefighters combined........................................ SB 77 Municipal Courts; judges be attorneys; require....................................................HB 1236 Municipal courts; judges to be attorneys; require ..................................................HB 478 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Probation; County and Municipal Probation Advisory Council;
repeal creation......................................................................................................HB 619 Property; municipal corporations grant conservation easements;
authorize.............................................................................................................HB 1109 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions.............................................................................................................HB 600 Public Roads; further declare authority of counties/municipalities to
remove roads from their systems when removal is in best public interest .......... SB 354 Real and personal property; certain persons be granted first
right to purchase property; provide......................................................................HB 857 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Rules of the Road; allow races on county/municipal roads when
sanctioned by the local governing authority/ road is closed to traffic................. SB 345 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................HB 406

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6297

Service strategy development; fees collected offset certain costs; provisions...........................................................................................................HB 1203
State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide .........................................................HB 1443
MURRAY COUNTY Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............HR 1893 Goswick Family Bridge; Murray County; dedicate .............................................HR 1296 State highway system; certain portions; dedicate.................................................HR 1513
MUSCOGEE COUNTY George W. Ford, Junior Interchange; designate .....................................................HR 241 Public Property; conveyance; 11 counties............................................................ SR 1083 Tom Buck Parkway; dedicate.................................................................................HR 584
MUSEUMS Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide .......................................................................................HB 108 Secretary of State and Board of Regents; Georgia Capitol and State Museums; urge..........................................................................................HR 1736
MUSIC Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ............................. SB 226

N
NATURAL GAS (Also, see Gas, Gasoline, and Gas Services) Governor; urged to proceed with leases for exploration and drilling for oil and natural gas off Georgia coast...................................................HR 32 Natural gas; Public Service Commission charge for gas used where poultry raised; provide ............................................................................HB 1043 Sales and use tax exemption; natural or artificial gas; continue ..........................HB 1008 Sales and use tax; natural or artificial gas sales; provide phased-in exemption.............................................................................................................HB 271
NATURAL RESOURCES (See Conservation and Natural Resources)

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6298

INDEX

NATURAL RESOURCES, DEPARTMENT OF Conservation and natural resources; certain environmental protection permits; revise provisions ..................................................................................HB 1370 Conservation and natural resources; level of registration required for Environmental Protection Division permits; specify ...................................HB 1368 Georgia Geospatial Advisory Council; create ........................................................HB 169 Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Natural Resources, Department of; authority to arrange volunteer services; change provisions ...............................................................................HB 1199
NEWTON COUNTY Covington Municipal Airport Authority Act; powers, duties, membership........... SB 376
NONPROFIT CORPORATIONS Natural Resources, Department of; authority to arrange volunteer services; change provisions ...............................................................................HB 1199
NONRESIDENTS Income tax; taxable nonresident; change definition .............................................HB 1198 President Obama and Congress; reject legalizing illegal aliens; urge..................HR 1646 United States President and Congress; secure borders; reject 1986 legalization program repeat; urge .............................................................HR 1410
NORCROSS, CITY OF Mayor and city councilmembers; change terms ...................................................HB 1427 Mayor and councilmembers elected by plurality; provide ...................................HB 1434
NUCLEAR ENERGY (See Energy)
NUISANCES Nuisances and torts; product liability causes of actions; change provisions.............................................................................................................HB 663 Nuisances; pentachlorophenal emission; provisions ..............................................HB 230 Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times ................. SB 474
NURSES Board of Nursing; periodic reports to General Assembly; provide........................HB 526 Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions.................................................HB 1040 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions .................................. SB 49

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6299

Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited ............................................................................................................. SB 244
Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844
Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Nurses; licensure; nursing education programs; revise requirements;
definitions .............................................................................................................. SB 45 Nurses; requirements for nursing education programs; revise ...............................HB 610 Public health system; career track program to recruit and retain
nurses; require......................................................................................................HB 337

O
OBSCENITY Minors; electronically furnishing obscene material; include prohibit cellular telephones................................................................................HB 1334
OGLETHORPE COUNTY; T.C. Coogle Memorial Bridge; dedicate ................HR 1474
ONEGEORGIA AUTHORITY OneGeorgia Authority Act; share county boundaries; determine eligibility............................................................................................................HB 1127
OPEN AND PUBLIC MEETINGS Meetings open to public; video posting on official website satisfy requirement; provide..........................................................................................HB 1375 Meetings; service delivery agreements; not open to public; provide ...................HB 1386 Open and public meetings; posting and advertisement of tax assessors meetings; change requirements..........................................................HB 1357 Public Meetings; limitation on action to contest agency action, recording, notice of time/place; change certain provisions................................................... SB 143 State government; notice for public meetings; clarify provisions........................HB 1303 State government; public access to public records; revise and restate provisions .................................................................................................HB 684

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6300

INDEX

P
PARDONS AND PAROLES Pardons and paroles; restitution a condition of parole; provide .............................HB 957 Penal Institutions; United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate ............ SB 136 State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated'; granting medical reprieves authorized by Constitution of Georgia..................... SB 472 State Board of Pardons and Paroles; entirely incapacitated; clarify meaning ..................................................................................................HB 1126
PARENT AND CHILD (Also, see Domestic Relations) Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means............................ SB 169 Sexual offenses; minimum age to prosecute prostitution and masturbation for hire; mandate ..........................................................................HB 1256
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Georgia Sports Hall of Fame Authority; composition; revise................................HB 694 Georgia Sports Hall of Fame Authority; reconstitute governance; provisions...........................................................................................................HB 1092 Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ......................... SB 523 Income tax; property donations for public parks; provide tax credit ...................HB 1523 Jekyll Island - State Park Authority Act; no more than 35 percent of land developed; provide ................................................................................HB 1325 Jekyll Island - State Park Authority; membership; prohibit conflicts of interest; provide .............................................................................................HB 1361 Parks; Georgia Agrirama Development Authority; abolish; provide successor...............................................................................................HB 1090 State parks and recreational areas; boat shelters on High Falls Lake; provide for permits...............................................................................................HB 367 Stone Mountain Memorial Association; certain property purchased; provide tax exemption .........................................................................................HB 499
PEACE OFFICERS (Also, see Law Enforcement Officers and Agencies) Georgia Peace Officer Standards and Training Council; administrative fees; clarify authority ...........................................................................................HB 921 Georgia Peace Officer Standards and Training Council; clarify the authority of the council to impose administrative fees.................................. SB 324

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6301

Peace Officers' Annuity and Benefit Fund; county jail officers; provisions.............................................................................................................HB 224
Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions ........................................................................................HB 974
Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ............................................................HB 465
Peace Officers; employment and training; require verification; provide ...............HB 159 Peace Officers; investigation of an applicant's good moral character;
applying for appointment or certification ............................................................ SB 373 Peace officers; investigation of applicant's moral character;
change certain provisions.....................................................................................HB 522
PEACH COUNTY Veterans' Memorial Highway; Peach County; dedicate.......................................HR 1475
PENAL INSTITUTIONS Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 Correctional institutions; reimbursement for psychotropic medications; provide ...............................................................................................................HB 1293 Corrections, Department of; amend various titles; provisions .............................HB 1030 County and Municipal Probation Advisory Council; certain limitations; clarify................................................................................................HB 622 Criminal cases; fees charged to probationers; change amount; provisions..........HB 1343 Detention; counties demonstrate use of federal Department of Homeland Security's Secure Communities initiative; funding for housing state inmates......................................................................................................... SB 385 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 Driving under the influence; convicted have ignition interlock device installed; provisions................................................................................HB 1124 Electronic Security and Targeting of Online Predators Act (E-STOP); enact ...................................................................................................................HB 1290 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Ignition interlock devices; install upon first conviction of violation; require ................................................................................................................HB 1107 Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide ........................................................................HB 350 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Misdemeanor offenders; reimbursement rates; change certain provisions ............HB 284 Misdemeanor offenders; reimbursement rates; change certain provisions ............HB 285

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6302

INDEX

Nursing homes; determine if new resident is registered sexual offender; require ................................................................................................HB 1449
Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Pardons and paroles; restitution a condition of parole; provide .............................HB 957 Peace officers; designation for training; provisions .............................................HB 1164 Penal institutions; Department of Probation/Parole Community
Based Supervision; create......................................................................................HB 78 Penal institutions; reimburse jails for medical expenses; clarify
types of insurance ..............................................................................................HB 1291 Penal institutions; types of insurance coverage jails may reimburse;
clarify .................................................................................................................HB 1265 Penal Institutions; United States Immigration and Customs Enforcement
Rapid Removal of Eligible Parolees Accepted for Transfer; participate ............ SB 136 Pretrial intervention and diversion programs; administration fees;
increase ..............................................................................................................HB 1133 Probated or suspended sentences; commission of felony offense;
provisions.............................................................................................................HB 329 Probation Detention Center; sentencing and confinement of
certain defendants; permit credit for time.............................................................. SB 65 Probation; County and Municipal Probation Advisory Council;
repeal creation......................................................................................................HB 619 Probationer duties; tolling of probated sentences; clarify provisions ....................HB 859 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 Sexual Offender Registration Review Board; Halloween activities;
prohibit...............................................................................................................HB 1414 Sexual Offenders; classification; registration, and restrictions on
residences, workplaces, and activities; change/enact provision of law............... SB 157 Sexual offenders; Department of Education; accessing the registry;
revise certain provisions ......................................................................................HB 909 Sexual offenders; information to schools on accessing registry;
revise certain provisions ......................................................................................HB 651 State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated';
granting medical reprieves authorized by Constitution of Georgia..................... SB 472 State Board of Pardons and Paroles; entirely incapacitated;
clarify meaning ..................................................................................................HB 1126 State purchasing; free market competition; provide...............................................HB 382 The Jail and Prison Reimbursement Act; establish ................................................HB 295
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Services)

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6303

PHARMACISTS AND PHARMACIES Brand name drugs; substitute generic drugs; provisions........................................HB 194 Community Health, Department of; regulatory authority; revise provisions.............................................................................................................HB 994 Insurance; pharmacy benefits managers; regulation and licensure ........................ SB 310 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Prescription drugs; brand necessary indication applies to refills; provisions.............................................................................................................HB 523 Prescription drugs; prescription information used for commercial purposes; prohibit ................................................................................................HB 820 Prescription drugs; substitution of generic drugs; change certain provisions.............................................................................................................HB 681 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Safe Medications Practice Act; enact .....................................................................HB 361
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE
Advanced practice registered nurses; protocol agreement with physician; amend provisions..............................................................................HB 1342
Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316
Controlled Substance; establishment of a program; monitoring of prescribing/dispensing Schedule II, III, IV, or V ............................................ SB 418
Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means............................ SB 169
Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation...................... SB 252
Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited ............................................................................................................. SB 244
Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844
"'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ...................... SB 344
Income tax credit; physicians providing indigent care services; provisions ........HB 1038 Influenza vaccine; revise definition......................................................................HB 1154 Orthopedic Physician Assistant Act; enact.............................................................HB 862 Polysomnography Practice Act; enact....................................................................HB 675 Registered nurses and physicians assistants; protocol agreement;
provisions...........................................................................................................HB 1250 Surgical/Medical Treatment; provide for additional persons/entities;
authorized to consent on behalf of an incapacitated person ................................ SB 367

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INDEX

PICKENS COUNTY; Board of Commissioners; create .......................................HB 1341
PIEDMONT JUDICIAL CIRCUIT; create new superior court judgeship.............HB 77
PIERCE COUNTY Board of Commissioners; office of county manager; create ................................HB 1494
PIKE COUNTY Ad valorem tax; provide homestead exemption .....................................................HB 753 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Trooper Tony M. Lumley Memorial Highway; dedicate.......................................HR 474 W.F. Gay Memorial Connector; dedicate...............................................................HR 476
PLANNING AND BUDGET, OFFICE OF Planning and Budget Office; require tax expenditure reports/ fee reports as part of the budget report; definitions; contents, requirements ........................ SB 381
POLK COUNTY Ad valorem tax; county purposes; homestead exemption....................................HB 1518 Ad valorem tax; educational purposes; homestead exemption ............................HB 1519 Bill Cummings Highway; Polk County; dedicate ................................................HR 1949
POOLER, CITY OF Mayor and councilmembers; four-year terms; provide ........................................HB 1254
PORTERDALE, CITY OF Provide homestead exemption; municipal purposes .............................................. SB 422
PORTS AUTHORITY, GEORGIA Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions .............................................................................HB 958 Georgia Ports Authority; comprehensive revisions; provide ...............................HB 1060 Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187
POSTSECONDARY EDUCATION (Also, see Education) Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia................................................................................................................. SB 238 Cancelable educational loans; State Veterinary Education Board; provisions...............................................................................................................HB 62 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts .................................. SB 496

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6305

Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements ..................................................................... SB 231
Education; prohibit per diem for at-fault board members during time local school system has its accreditation revoked or placed on probation................... SB 426
Educational loans; service cancelable; State Veterinary Education Board; change certain provisions.........................................................................HB 234
Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization ....................HB 700
Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ...................................................................................HB 311
Georgia Military College; eligible for HOPE grants; provide ...............................HB 162 Georgia Student Finance Authority; engineering field loans;
Peace Corps volunteers; deferred payment; provide .........................................HB 1402 Georgia Student Finance Commission; provide for career
counseling/advisement for students in grades 6 through 12................................ SB 387 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 HOPE; provide person shall be legal Georgia resident to be
eligible for a HOPE GED voucher ...................................................................... SB 341 Public property; writing off small amounts due to state; University
System of Georgia; provisions...........................................................................HB 1128 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Technical College System of Georgia; retirement and pensions;
provisions.............................................................................................................HB 266 University System Fiscal and Administrative Oversight Commission;
provide ...............................................................................................................HB 1352 University System of Georgia; report institutional profile information;
require ..................................................................................................................HB 647
PRETRIAL PROCEEDINGS Accusations; trial in all cases except serious violent felonies; allow.......................HB 11 Continuances; witness on active duty; change provisions .....................................HB 896 Plea discussions; guilty or nolo contendere; certain requirements; provisions.............................................................................................................HB 392 Proceedings; provide for certain children found incompetent to stand trial ......................................................................................................... SB 391
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Professions; provisions; surety bonds relative to firearms dealers......................... SB 162

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6306

INDEX

PROBATE COURTS (Also, see Courts) Board of examiners; expenses; change certain provisions .....................................HB 332 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Off-road vehicles; operating restrictions; change certain provisions .....................HB 207 Rockdale County; Probate Court; change compensation provisions .....................HB 818
PROBATION County and Municipal Probation Advisory Council; certain limitations; clarify................................................................................................HB 622 Criminal cases; fees charged to probationers; change amount; provisions..........HB 1343 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 Driving under the influence; convicted have ignition interlock device installed; provisions................................................................................HB 1124 Ignition interlock devices; install upon first conviction of violation; require ................................................................................................................HB 1107 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Pretrial intervention and diversion programs; administration fees; increase......................................................................................................HB 1133 Probated or suspended sentences; commission of felony offense; provisions.............................................................................................................HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time.............................................................. SB 65 Probation; County and Municipal Probation Advisory Council; repeal creation......................................................................................................HB 619 Probationer duties; tolling of probated sentences; clarify provisions ....................HB 859 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162
PROFESSIONS AND BUSINESSES Accountants; provide reduced required hours for state employees........................ SB 351 Advanced practice registered nurses; protocol agreement with physician; amend provisions..............................................................................HB 1342 Appraisers; prohibit persons who are serving/have served a member of county board of tax assessors from serving as employee of the board................ SB 118 Architects; practice of interior designers; clarify ...................................................HB 231 Athletic trainers; athletic injury; amend definition ................................................HB 543 Barbers; license to operate mobile barbershops; provide.....................................HB 1084 Board of Nursing; periodic reports to General Assembly; provide........................HB 526 Charitable solicitations; accounting; revise certain provisions ..............................HB 863 Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316

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6307

Contractors; allow utility contractors to bid upon/perform work on any utility system in this state......................................................................... SB 339
Contractors; disclosures upon discovery of defect; provisions ..............................HB 595 Contractors; eligibility for licensure; provide ........................................................HB 579 Contractors; misdemeanor for failure to pay for services; provide......................HB 1289 Controlled Substance; establishment of a program; monitoring
of prescribing/dispensing Schedule II, III, IV, or V ............................................ SB 418 Conveyances; structures require certified termite and wood-destroying
organism inspection; provide.............................................................................HB 1048 Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Disposition of cremains; veterans; provide ..........................................................HB 1421 Driver training; colleges offering courses; eliminate exception...........................HB 1035 Ethical Treatment of Human Embryos; unlawful for any person
to knowingly create an in vitro human embryo by any means............................ SB 169 Fees; change amount; provisions..........................................................................HB 1055 Fence, Automated Gate Contractors; create licensing board .................................HB 218 Georgia Board of Dentistry; independent agency; provide..................................HB 1454 Georgia Boxing Association; recognized as a governing body
for amateur boxing, wrestling, and martial arts................................................... SB 336 Georgia Composite Medical Board; authorize to establish a
professional health program to provide monitoring/rehabilitation...................... SB 252 Georgia Occupational Regulation Review Law; review of existing
regulatory entities to determine the need for change to current regulations............................................................................................................ SB 148 Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions.................................................HB 1040 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions .................................. SB 49 Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited ............................................................................................................. SB 244 Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ...................... SB 344 House Study Committee on Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create ............................................................................................HR 1351 Indigent and elderly patients; change certain definitions .......................................HB 380 Influenza vaccine; revise definition......................................................................HB 1154 Joint Study Committee on Licensure of Residential and General Contractors; create .............................................................................................HR 1293 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532

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6308

INDEX

Junk Dealers; repeal chapter and designate it as reserved...................................... SB 150 Licenses; authority to discipline a physical therapist; modify provisions............HB 1475 Massage Therapy Practice; provide better control/regulation;
Georgia Board of Massage Therapy; provisions ................................................. SB 364 Mechanics and materialmen; contractor sign affidavit; verify
pay; provide .........................................................................................................HB 253 Nurses; licensure; nursing education programs; revise requirements;
definitions .............................................................................................................. SB 45 Nurses; requirements for nursing education programs; revise ...............................HB 610 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Orthopedic Physician Assistant Act; enact.............................................................HB 862 Podiatry practice; include certain cosmetic foot and leg conditions;
provide ...............................................................................................................HB 1371 Polysomnography Practice Act; enact....................................................................HB 675 Professional counselors; foreign-born; temporary permits; provisions..................HB 845 Professions and business; review of regulatory entities; determine
need for change; provide......................................................................................HB 424 Professions and businesses; electronic signature for certain
professions; provide...........................................................................................HB 1354 Professions and businesses; licensing of contractors; repeal provisions..............HB 1076 Professions/Businesses; clarify applications submitted in prescribed
form not necessarily written document; provisions............................................. SB 195 Professions; provisions; surety bonds relative to firearms dealers......................... SB 162 Real Estate Appraiser and Real Estate Appraisal Management
Company Classification and Regulation Act; enact ..........................................HB 1050 Registered nurses and physicians assistants; protocol agreement;
provisions...........................................................................................................HB 1250 Residential contractor; raise dollar cap of activity or work performed;
change definition................................................................................................HB 1377 Scrap metal processors; require photo identification of nonlicensed
sellers; provisions ..................................................................................................HB 43 State Board of Cosmetology; investigate need and feasibility
of ventilation equipment for nail technicians; urge .............................................HR 218 State Board of Locksmiths; create; provisions .......................................................HB 107 State Board of Registration for Professional Engineers and
Land Surveyors; executive director; provide.....................................................HB 1117 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 Surgical/Medical Treatment; provide for additional persons/entities;
authorized to consent on behalf of an incapacitated person ................................ SB 367

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INDEX

6309

Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions.............................. SB 149
Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................ SB 315
PROPERTY Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax; foreclosure sales; determination of fair market value; provide ......................................................................................................HB 498 Ad valorem tax; property; change certain provisions.............................................HB 241 Anatomical gift; absence of intent to make gift constitutes refusal; specify........HB 1235 Buildings; provide person who owns/has the right to use real property; install/occupy pre-owned manufactured homes; health/safety standards............ SB 384 Condominium compliance; association prohibit display of for sale sign; prevent ...............................................................................................HB 1220 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Conveyances; regulation of security conveyances; revise; provisions...................HB 264 Conveyances; structures require certified termite and wood-destroying organism inspection; provide.............................................................................HB 1048 Dispossessory proceedings; landlord bar tenant entry after past due rent; provide ................................................................................................HB 1351 Eminent domain; condemnation of property; require - CA......................................HR 70 Foreclosure; allow right of redemption of mortgages; provisions .......................HB 1228 Foreclosure; change time for delivery of notice; provisions ..................................HB 899 Foreclosure; conditioning sale of foreclosed home; provisions ...........................HB 1460 Foreclosure; delivery of notice; change time; provisions.......................................HB 972 Foreclosures; notice to occupant of impending sale; provide ................................HB 761 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57 Georgia Foreclosed Property Upkeep Act; enact ...................................................HB 627 House Study Committee on Property Law Modernization and Standardization; create.......................................................................................HR 1973 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 Income tax; property donations for public parks; provide tax credit ...................HB 1523 Land Conservation; redefine certain terms............................................................. SB 402 Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions .....................................................HB 823 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................... SB 390 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Owners of real property; industrial areas; remove property - CA..........................HR 136

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6310

INDEX

Personal property; limit storage fees for nonconsensually towed vehicles; provisions..............................................................................................HB 328
Private ways; grant up to 30 feet; provide..............................................................HB 609 Property boundaries; processioning; change certain provisions ............................HB 970 Property owners' associations; suspension of lot owners' payment
obligations; provide .............................................................................................HB 418 Property; covenants with the land; zoning laws; clarify provisions....................... SB 322 Property; land covenants which prohibit certain xeriscape practices;
prohibit.................................................................................................................HB 262 Property; liens of mechanics/materialmen; provide for amended liens ................. SB 362 Property; municipal corporations grant conservation easements;
authorize.............................................................................................................HB 1109 Property; prohibit sheriffs from turning out debtors or tenants
in certain cases; provisions ..................................................................................HB 340 Property; sales to political subdivisions; maximum amount
exempt; increase ................................................................................................HB 1007 Public Property; conveyance; 11 counties............................................................ SR 1083 Real and personal property; certain persons be granted first
right to purchase property; provide......................................................................HB 857 Real property; residential and nonresidential; freeze valuation - CA ........................HR 1 Recorded deeds; disclose inclusion or exclusion of mineral rights; require ............HB 26 Recording of foreclosures and deeds; timely filing of deed; provisions ..................HB 40 Revenue and taxation; method of assessing real property; comprehensive
revision.................................................................................................................HB 517 Special liens on personalty; eliminate aircraft liens; provisions ..........................HB 1147 Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish .........................HB 508 Towing firms; only impound in facility open 24 hours a day, every day;
provide ...............................................................................................................HB 1274 Unclaimed property; disposition of gift card when owner dies
or is missing; provisions ....................................................................................HB 1383 United States Congress; pass legislation that addresses subprime
consumer needs; request ......................................................................................HR 775
PROPERTY DAMAGE AND INTRUSION Criminal damage to property; first degree; change provisions ..............................HB 821 Juvenile proceedings; change provisions; smash and grab burglary designated as felony; provide ............................................................................HB 1104 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ............................................................................................... SB 299 "Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary.............................. SB 423

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INDEX

6311

PROSECUTING ATTORNEYS Elections; nonpartisan; district attorneys; provide .................................................HB 136 Pretrial intervention and diversion programs; administration fees; increase......................................................................................................HB 1133 Prosecuting attorneys; state's rights to appeal in criminal cases; provisions.............................................................................................................HB 600 Solicitors-general; act during pendency of vacancy in office; provide................HB 1053
PUBLIC ADMINISTRATION, OFFENSES AGAINST Code Officials; provide for protection and training; definitions; criminal penalties................................................................................................. SB 188 Crimes and offenses; crimes against judges and court personnel; increase punishment...........................................................................................HB 1002 Criminal offense; increase value of items sold to political subdivisions; provisions...........................................................................................................HB 1160 Georgia Government Transparency and Campaign Finance Act of 2010; enact ...................................................................................................................HB 1473 Governmental office abuse; malfeasance offense; provide..................................HB 1189 Grand Juries; oath shall be given to all witnesses .................................................. SB 313 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ............................................................................................... SB 299 Property; sales to political subdivisions; maximum amount exempt; increase ................................................................................................HB 1007 Public Administration; offenses; clarify crime of impersonating an officer include firefighter/public safety personnel.......................................... SB 343 Quality Basic Education Act; state assessments tampering a misdemeanor; provisions ...................................................................................HB 1121 Retirement; include unlawful acts to mandatory uniform assessments; provide ...............................................................................................................HB 1207 "Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary.............................. SB 423 Truth in Testimony Act; require an oath for purposes of presenting certain evidence to committee/subcommittee of General Assembly....................... SB 7
PUBLIC ASSISTANCE (Also, see Social Services) Employment Security Law; develop drug testing program for unemployment; provisions.................................................................................HB 1163 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions...........................................................................................HB 1314 Georgia Economy Investment Act; enact.............................................................HB 1409 Medicaid and PeachCare for Kids Program; contract termination; provide requirements .........................................................................................HB 1317

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6312

INDEX

Medicaid and PeachCare for Kids; single administrator for dental services; provisions.................................................................................HB 1407
Medical assistance; health organizations providing service under Medicaid; repeal tax exemption.........................................................................HB 1170
Public assistance; food stamp recipients may order food over Internet; provide.................................................................................................HB 1054
Public assistance; random drug testing for recipients; provisions........................HB 1389 Social services; Department of Community Health; provide
health care benefits; authorize .............................................................................HB 955 State employees' or board of regents' health insurance plan;
Medicaid; require...................................................................................................HB 89 Therapy services; eligible for public assistance funding; provide .........................HB 922
PUBLIC CONTRACTS Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders............................. SB 447 Peace officers; designation for training; provisions .............................................HB 1164
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo games; limits on amounts of prizes; remove ...............................................HB 674 Bingo; define certain terms; provide certain veterans organizations may sell certain pull tab games of chance ........................................................... SB 454 Bingo; define certain terms; veterans organizations; provisions............................HB 166 Cockfighting; punishments; provisions ..................................................................HB 109 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Crimes and Offenses; specify certain acts that constitute criminal abortion ................................................................................................................ SB 529 Criminal offenses; cruelty to animals; revise provisions .....................................HB 1146 Criminal procedure; change the term victim to the term accuser; provide ..........HB 1181 Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Gambling; cruise ships may engage in lawful gambling while in transit; provisions...........................................................................................HB 1011 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Gambling; pari-mutuel betting on horse and dog races; authorize.........................HB 641 Gambling; prohibit cockfighting; provisions .........................................................HB 987 Gambling; regulation and licensing of bingo; repeal provisions..........................HB 1003 General Assembly; pari-mutuel betting on horse and dog races; provisions - CA....................................................................................................HR 534

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INDEX

6313

Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions ..........................................................................................HB 51
Health and morals; wireless telephone sales to persons under 18; prohibit.........HB 1520 Juvenile proceedings; change provisions; smash and grab burglary
designated as felony; provide ............................................................................HB 1104 Minors; electronically furnishing obscene material; include
prohibit cellular telephones................................................................................HB 1334 Minors; sale of cigarette and tobacco objects; blunt wraps; provide
regulation ...........................................................................................................HB 1440 Prenatal Nondiscrimination Act; enact.................................................................HB 1155 Public health and morals; offense of cruelty to animals; change
provisions...........................................................................................................HB 1153 Public health and morals; smoking in vehicles with child passenger;
provide for crime ...............................................................................................HB 1423 Public health and morals; tattooing near the eye; change certain
provisions.............................................................................................................HB 180 Public transportation; regulation; provide ..............................................................HB 839
PUBLIC OFFICERS AND EMPLOYEES Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct...........................................................................................HR 1824 Attorney General Thurbert Baker; challenge federal health care reform legislation; urge......................................................................................HR 1822 Attorney General; if fail to represent state in court; Governor designate counsel; provide.................................................................................HB 1477 Budget Act; application of zero-based budgeting; provisions .................................HB 44 Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent of previous year's net revenue for any fiscal year.............................. SB 421 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Coroner; shall be a county officer; provide - CA .................................................HR 1237 Coroner; shall be county officer; provide - CA....................................................HR 1401 Criminal Justice Coordination Council; councilmembers' compensation/reimbursement of expenses; provisions ....................................... SB 173 Death investigations by coroners; notification requirements; provide.....................HB 50 Death investigations; coroners cooperate with forensic laboratory; provisions...........................................................................................................HB 1095 Disability compensation; payments to law enforcement injured in line of duty; authorize....................................................................................HB 1385 Elections; remove references to ballot cards; provisions .......................................HB 540 Fees; change amount; provisions..........................................................................HB 1055 General Assembly; salary reduction of members; provide ....................................HB 869

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6314

INDEX

Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440
Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose ............................................................ SB 427
Georgia Fund for Judicial Campaigns Act; enforce provisions .............................HB 892 Georgia Government Transparency and Campaign Finance Act of 2010;
enact ...................................................................................................................HB 1473 Georgia Services Administration; succeed Department of Administrative
Services; create provisions ................................................................................HB 1431 Georgia Sports Hall Of Fame Authority; reconstitute the governance;
provide for new governing body for authority and its members ......................... SB 523 Georgia State Indemnification Fund; "in the line of duty" includes
commuting; provisions ........................................................................................HB 815 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Governor and Attorney General; sue Environmental Protection
Agency to prevent carbon emissions regulation; urge.......................................HR 1650 Governor; coastal areas of Georgia; drilling; provide............................................HB 421 Governor; office terms; provisions - CA..............................................................HR 1090 Governor; require tax expenditure reviews as part of budget
report; provide for definition ............................................................................... SB 206 Governor; serve six-year term; not succeed himself or herself;
provide - CA ........................................................................................................HR 563 Health insurance plan; state employees; contract with various
municipalities; authorize......................................................................................HB 989 Highway employees; death or disability; indemnification; change
provisions.............................................................................................................HB 827 Homeowner tax relief grants; appropriating funds; change manner
and method...........................................................................................................HB 826 Insurance; provide certain definitions; include plan administrators
in prompt pay requirements; penalties................................................................... SB 62 Insurance; require certain coverage for autism spectrum disorders;
provide definitions ............................................................................................... SB 161 Jared Little Act; enact...........................................................................................HB 1230 "Jared Little Act"; Georgia State Indemnification Fund; payment
shall be made to parents/siblings ......................................................................... SB 414 Joint session; message from Governor .................................................................HR 1089 Legislative Counsel, Office of; softbound volumes of Georgia
Laws; repeal certain requirements .....................................................................HB 1279 Legislative Counsel; repeal certain requirements relative to
softbound volumes of the Georgia Laws ............................................................. SB 388 Local government; members of authorities; conflicts of interest;
revise provisions ................................................................................................HB 1304 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322

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INDEX

6315

Metropolitan Atlanta Rapid Transit Authority Act of 1965; Board of Directors; change composition .............................................................HB 900
Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Planning and Budget, Office of; maintain record of user fees
collected; provide for publication......................................................................HB 1284 Planning and Budget Office; require tax expenditure reports/ fee reports
as part of the budget report; definitions; contents, requirements ........................ SB 381 Planning and Budget, Office of; tax expenditure review as part
of budget report; require ......................................................................................HB 719 Public authorities; conflicts of interest; prohibit ......................................................HB 91 Public employees; file yearly disclosure statements with State
Ethics Commission; provide..............................................................................HB 1296 Public office; contributions to candidates; change provisions ...............................HB 890 Public Officers and Employees; condition of employment; prohibition
requires residence; provide exception .................................................................HB 413 Public officers and employees; establish Office of State Inspector
General; provisions ................................................................................................HB 82 Public officers and employees; ethical conduct and conflicts
of interest; revise provisions................................................................................HB 893 Public officers and employees; school board members in bail
bond business; modify provisions .......................................................................HB 980 Public Officers; provide all nonelected members of state authorities,
boards or other bodies; compensated only for actual expenses........................... SB 502 Public officials; presents from lobbyists; change certain provisions .....................HB 891 Quality Basic Education Act; state assessments tampering a
misdemeanor; provisions ...................................................................................HB 1121 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Retirement; include unlawful acts to mandatory uniform assessments;
provide ...............................................................................................................HB 1207 State Council of Economic Advisors; creation; provide composition,
duties, and responsibilities................................................................................... SB 480 State Employees' Health Insurance Plan; Georgia Student Finance
Authority; contract in any state health insurance plan ........................................ SB 363 State Ethics Commission; investigate conflict of interest violations;
provisions...........................................................................................................HB 1027 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State offices; accrual of leave during a furlough period; provide ..........................HB 671 Teacher sick and personal leave; compensate for furlough days;
provisions...........................................................................................................HB 1205

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6316

INDEX

Vital Records; provide for execution of death certificates for certain burn victims transported from other states .............................................. SB 493
Zero-Base Budgeting Act; provide for the application .............................................. SB 1
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Carrying weapons; school safety zones; provide punishment................................HB 573 Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Crimes and offenses; crimes against judges and court personnel; increase punishment...........................................................................................HB 1002 Criminal street gang activity; school safety zones; increase penalty .....................HB 213 Due Process Restoration Act; enact........................................................................HB 876 Electronic tracking device; location of person without consent; prohibit................HB 16 Firearms; carrying and possession; change provisions; definitions ....................... SB 308 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Firearms; training of licensed persons; provide .....................................................HB 259 Freedom of Choice and Security Act; enact...........................................................HB 873 Georgia Firearms Freedom Act; enact..................................................................HB 1238 Juvenile Proceedings; zero tolerance policy on weapons in schools; change provisions ............................................................................................... SB 299 License to carry handgun; persons complete handgun safety course; provisions ..............................................................................................HB 1152 License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address; provide ...................................................................................................HB 260 Local governments; constitutional zoning authority; remove prohibition ...........HB 1384 Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide .......................................HB 835 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 "Smash and Grab Act"; add additional offenses to the definition of "designated felony act"; increase the penalty for burglary.............................. SB 423 State Authority and Anti-racketeering Act; enact ..................................................HB 880 Unruly children; zero tolerance policy on weapons in schools; change provisions ..............................................................................................HB 1108

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6317

PUBLIC PROPERTY Public property; writing off small amounts due to state; University System of Georgia; provisions...........................................................................HB 1128 Public Safety, Department of; Capitol Police Division; create; provisions .........HB 1074 Rehabilitation Services, Division of; transfer to Department of Community Affairs; repeal certain provisions ..............................................HB 1521 State Properties Code; modifying certain provisions; acquiring real property through commission ....................................................................... SB 455 State Properties Commission; provide authority to enter into multiyear lease agreements.................................................................................. SB 254
PUBLIC SAFETY, DEPARTMENT OF License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Peace officers; designation for training; provisions .............................................HB 1164 Public Safety, Department of; Capitol Police Division; create; provisions .........HB 1074 State Properties Code; modifying certain provisions; acquiring real property through commission ....................................................................... SB 455 State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide .........................................................HB 1443
PUBLIC SERVICE COMMISSION Georgia Nuclear Energy Financing Act; recover generating plant costs from customers; eliminate ...............................................................HB 1392 Georgia Public Service Commission; certain costs charged to involved utility; provisions............................................................................HB 1233 Georgia Public Service Commission; certain costs; provisions ...............................HB 52 Public Service Commission; election of members; provide...................................HB 559 Public Service Commission; members shall represent entire state; provisions.............................................................................................................HB 568 Public Service Commission; regulate private emergency warning point to multipoint systems; provisions.............................................................HB 1182 Public Utilities; provide regulation of private emergency warning point to multipoint systems by Public Service Commission ............................... SB 415
PUBLIC UTILITIES AND TRANSPORTATION Atlanta metropolitan area employers; adopt flexible hours to reduce traffic; urge...............................................................................................HR 494 Blood Pressure Down Shift Program; request creation ..........................................HR 772 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Education; require educational institutions to verify motor common/contract carriers properly certified; transportation of students............. SB 392 Emergency 9-1-1 systems; redefine certain terms..................................................HB 105

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6318

INDEX

Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ............................................HB 1321
Energy purchase; solar photovoltaic energy; exclude ............................................HB 691 Fair Business Practices Act of 1975; unlawful activity relating to listing
of certain telephone numbers in local telephone directories ............................... SB 368 Georgia Coordinating Council for Rural and Human Services
Transportation; establish........................................................................................ SB 22 Georgia Department of Transportation; develop plan for building
"The Plane Train"; express ..................................................................................HR 646 Georgia Environmental Facilities Authority; change name to
Georgia Environmental Finance Authority .........................................................HB 244 Georgia Nuclear Energy Financing Act; recover generating
plant costs from customers; eliminate ...............................................................HB 1392 Georgia Public Service Commission; certain costs charged
to involved utility; provisions............................................................................HB 1233 Georgia Public Service Commission; certain costs; provisions ...............................HB 52 Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Georgia Trauma Hospital Support Act of 2009; enact ...........................................HB 183 Governor and transportation commissioner; acquire federal
transit funding; urge...........................................................................................HR 1716 Governor; urged to proceed with leases for exploration and
drilling for oil and natural gas off Georgia coast...................................................HR 32 Income tax; tax credit for new freight rail infrastructure and
locomotive property; provisions ........................................................................HB 1145 Joint Telecommunications Comprehensive Reform Study Committee;
create .................................................................................................................... SR 402 Local boards of education; retrofit school buses with pollution
control devices; urge..........................................................................................HR 1166 Local Government Prepaid Wireless 9-1-1 Fee Collection Authority;
create ..................................................................................................................HB 1442 MARTA; allow transportation services contract to authorize
the extension to Authority's existing rapid rail system........................................ SB 285 MARTA; exercise authority to combine with Georgia Regional
Transportation Authority; urge ............................................................................HR 368 Motor carriers; persons under 21; illegal to possess or consume
alcohol while being transported; provide information ........................................HB 389 Natural gas; Public Service Commission charge for gas used
where poultry raised; provide ............................................................................HB 1043 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Personal property; limit storage fees for nonconsensually towed
vehicles; provisions..............................................................................................HB 328 Public Service Commission; election of members; provide...................................HB 559

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INDEX

6319

Public Service Commission; members shall represent entire state; provisions ...................................................................................................HB 568
Public Service Commission; regulate private emergency warning point to multipoint systems; provisions.............................................................HB 1182
Public transportation; regulation; provide ..............................................................HB 839 Public utilities and transportation; electric company; provide definition ................HB 94 Public Utilities; provide regulation of private emergency warning
point to multipoint systems by Public Service Commission ............................... SB 415 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Sales and use tax exemption; natural or artificial gas; continue ..........................HB 1008 Sales and use tax; 25 percent to transportation; dedicate - CA ............................HR 1358 Sales and use tax; cap exemption; metropolitan public transportation
purposes; provisions ..........................................................................................HB 1393 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; motor fuel collections; appropriated for transportation;
provisions - CA..................................................................................................HR 1300 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State Transportation Board; abolish - CA ..............................................................HR 140 Taxes; provide for a 1% sales tax; transportation projects in
special transportation districts within the state...................................................... SB 39 Telecom Jobs and Investment Act; enact ...............................................................HB 168 Telecommunications competition; Access Transition Fund; implement ...............HB 376 Telephone service; unsolicited commercial facsimile messages;
change certain provisions.....................................................................................HB 275 Transportation Trust Fund; create - CA .................................................................HR 206
PULASKI COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
PUTNAM COUNTY Board of elections and registration; create ...........................................................HB 1142 State highway system; certain portions; dedicate.................................................HR 1513

Q
QUALITY BASIC EDUCATION (Also, see Education) Student scholarship organizations; revise definition; provisions ...........................HB 394

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6320

INDEX

QUITMAN COUNTY Lower Chattahoochee Regional Airport Authority; remove Calhoun County .................................................................................................HB 1330

R
RABUN COUNTY Authorized to lease or sell lands and buildings to the Authority ........................... SB 549 Mountain City; annex certain territory to the city and change corporate limits of city ......................................................................................................... SB 551 Mountain City; change the terms of future members of the city council and provide future election dates......................................................................... SB 550
RADAR SPEED DETECTION DEVICES Public roads; regulate oversize and overweight loads; provisions.......................HB 1174 Speed detection devices; clarify definition; provide ..............................................HB 154 Speed detection devices; inadmissibility of evidence; remove restriction.............HB 532 Speed detection devices; name roads to be used; visible at 500 feet; repeal....................................................................................................................HB 978 Speed detection devices; school zones; certain restrictions not apply ...................HB 287
RAILROADS Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Income tax; tax credit for new freight rail infrastructure and locomotive property; provisions ........................................................................HB 1145
RANDOLPH COUNTY Board of Education; organization and officers; provide ........................................HB 432 Lower Chattahoochee Regional Airport Authority; remove Calhoun County .................................................................................................HB 1330
REAL ESTATE (Also, see Property) Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act; enact ..........................................HB 1050

REAPPORTIONMENT Proposing amendments to state Constitution; hold a Convention; provisions.............................................................................................................HB 250

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INDEX

6321

REDEVELOPMENT POWERS LAW Redevelopment Powers Law; tax allocation increments; administrative body consent; provide..........................................................................................HB 664
RELIGION Brief period of quiet reflection; accommodate freedom of religion; clarify ........HB 1459 Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Quiet reflection period; accommodate freedom of religion; clarify.....................HB 1411 Religious organizations; qualify as a self-insurer; provisions................................HB 656 Religious Viewpoints Antidiscrimination Act; enact...............................................HB 33 United States Constitution; religious organizations receive public aid; prevent discrimination - CA ................................................................................HR 567
REMERTON, CITY OF; provide new charter.....................................................HB 1489
RETIREMENT AND PENSIONS Employees' Retirement System of Georgia; certain gender designation; change ..................................................................................................................HB 467 Employees' Retirement System of Georgia; death benefit; clarify provisions.............................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions ..........HB 172 Employees' Retirement System of Georgia; employer contributions; paid to counties; provide......................................................................................HB 472 Employees' Retirement System of Georgia; Office of Child Support Services; provisions ...............................................................................HB 822 Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide ................................................................HB 739 Georgia Defined Contribution Plan; make lump sum payment upon death; change ..............................................................................................HB 960 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 242 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 320 Georgia Firefighter Standards/Training Council; change name to Georgia Firefighter Minimum Standards Council........................................... SB 440 Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions.........................................................................HB 463 Georgia Judicial Retirement System; juvenile judges; provide .............................HB 817 Georgia Judicial Retirement System; survivors' benefits; provisions ......................HB 54 Georgia State Employees' Pension and Savings Plan; retirement computations; provisions .....................................................................................HB 191 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387

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6322

INDEX

Peace Officers' Annuity and Benefit Fund; county jail officers; provisions..........HB 224 Peace Officers' Annuity and Benefit Fund; credible service
for absence; provisions ........................................................................................HB 974 Peace Officers' Annuity and Benefit Fund; revenues from fines
and fees; employer contribution; provide ............................................................HB 465 Public retirement or pension membership; public employment
related crime; provisions....................................................................................HB 1111 Public Retirement Systems Investment Authority Law; define
certain terms; provisions......................................................................................HB 249 Public Retirement Systems Standards Law; any increase in the actuarial
accrued unfunded liability which occurs as a result of the enactment ................ SB 176 Public School Employees Retirement System; maximum allowable
benefit; increase ...................................................................................................HB 542 Republic of Sudan; public retirement systems; investing funds; prohibit................HB 99 Retired teachers; speech-language pathologist; return full-time;
provisions.............................................................................................................HB 650 Retirement ages; nullify application for retirement; provisions.............................HB 916 Retirement and pensions; action brought against boards of trustees;
Superior Court of Fulton County; provide...........................................................HB 211 Retirement and pensions; comply with federal law; amend certain
provisions.............................................................................................................HB 969 Retirement and pensions; election to participate in Regents
Retirement Plan; revocable at will.......................................................................HB 740 Retirement and pensions; fund investing employee; no salary
bonus; provisions ...............................................................................................HB 1162 Retirement and pensions; Georgia Firefighters' Pension Fund;
define certain terms; provisions...........................................................................HB 546 Retirement and pensions; Georgia Firefighters' Pension Fund;
define terms........................................................................................................HB 1150 Retirement and pensions; invest funds in companies producing
racist or obscene lyrics; provide divestiture ..........................................................HB 41 Retirement; change designation of Georgia Public Defender Standards
Council to Georgia Public Defender Agency; conditions for effective date........................................................................................................ SB 100 Retirement; include unlawful acts to mandatory uniform assessments; provide ...............................................................................................................HB 1207 Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia .......... SB 283 Retirement; repeal certain obsolete and inoperative provisions............................. SB 436 Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated ...............................................................................HB 1237 Social Security Coverage Group; State Personnel Administration jurisdiction; provide.............................................................................................HB 997

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6323

State Employees' Assurance Department; group term life insurance; provisions...........................................................................................................HB 1223
State Government; rename Office of Treasury and Fiscal Services to Office of the State Treasurer ........................................................................... SB 296
State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222
Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions ....................................................HB 486
Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide .................................HB 849
Teachers Retirement System of Georgia; creditable service in private school; provide ....................................................................................HB 165
Teachers Retirement System of Georgia; five years of service; vested benefit; provisions ....................................................................................HB 345
Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service.......................................................HB 832
Technical College System of Georgia; retirement and pensions; provisions.............................................................................................................HB 266
REVENUE (See Taxation and Revenue)
RICHMOND COUNTY Augusta-Richmond County; form youth advisory council; encourage................HR 1890 H.G. "T" Fulcher Memorial Bridge; Richmond County; dedicate.......................HR 1301 State highway system; certain portions; dedicate.................................................HR 1513 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
RINGGOLD, CITY OF; corporate city limits; extend.........................................HB 1026
RIVERS, LAKES, AND HARBOR DEVELOPMENT United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..............................................................................................HR 180
ROCKDALE COUNTY Aubrae Gunderson Memorial Highway; Rockdale County; dedicate..................HR 1769 Probate Court; change compensation provisions ...................................................HB 818 Rockdale County Probate Court; compensation of judge; change provisions............................................................................................................. SB 263
ROCKDALE JUDICIAL CIRCUIT Rockdale County; Probate Court; change compensation provisions .....................HB 818

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INDEX

ROSWELL, CITY OF Office of mayor not held more than three terms; provide ....................................HB 1299 Redevelopment Powers Law; authorize ...............................................................HB 1349
ROYSTON, CITY OF Ad valorem tax; municipal purposes; homestead exemption...............................HB 1498

S
SAINT MARYS, CITY OF Ad valorem tax; municipal purposes; homestead exemption; provisions...............HB 1151 Ad valorem taxes; provide for homestead exemption; municipal purposes ............. SB 547 Saint Marys Convention and Visitors Bureau Authority; two additional members; provide ...................................................................................HB 1504
SALES AND USE TAX Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Dealers' sales and use tax returns; estimated tax liability; change provisions...............................................................................................................HB 25 Georgia Building Authority; exempt from certain sales and use tax; provisions ...............................................................................................HB 333 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia Tourism and Community Development Act for Natural and Cultural Resources; enact ...........................................................................HB 1522 Georgia Tourism Development Act; enact...........................................................HB 1125 Georgia Tourism Development Act; enact...........................................................HB 1251 Georgia Tourism Development Act; enact...........................................................HB 1266 Georgia Tourism Job Creation Act; enact ............................................................HB 1239 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 Jobs, Opportunity, and Business Success Refund Act of 2010; enact .................HB 1024 Local option sales tax proceeds; distribution; change provisions ..........................HB 137 MARTA; administration or collection of retail sales and use tax; provide............HB 727 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Municipal Option Sales Tax for Water and Sewer; enact ........................................HB 66 Revenue and tax; motor fuels exemptions; change provisions ............................HB 1143 Revenue and tax; revenue enhancement and tax relief; comprehensive provisions...........................................................................................................HB 1278 Revenue and taxation; prepaid cigarette tax; provisions........................................HB 188 Sales and use tax exemption; ammunition and ammunition components; provide .................................................................................................................HB 707
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6325

Sales and use tax exemption; certain energy or water efficient products; provide .................................................................................................HB 953
Sales and use tax exemption; certain health information technologies; change certain provisions.....................................................................................HB 507
Sales and use tax exemption; certain nonprofit volunteer health clinics; extend ....................................................................................................HB 1014
Sales and use tax exemption; certain regional information technology authorities; provide ..............................................................................................HB 479
Sales and use tax exemption; certain school supplies; energy efficient products; provide ...................................................................................HB 951
Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax exemption; certain school supplies; provide..............................HB 952 Sales and use tax exemption; natural or artificial gas; continue ..........................HB 1008 Sales and use tax exemption; sales of seed, fertilizers, and feed;
change provisions ..............................................................................................HB 1006 Sales and use tax exemption; tangible personal property to government
grantee; provisions...............................................................................................HB 471 Sales and use tax exemptions; eligible food and beverages;
change certain provisions.....................................................................................HB 442 Sales and use tax exemptions; fuel used where swine are raised;
extend sunset......................................................................................................HB 1088 Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448 Sales and use tax exemptions; property sale to nonprofit health
centers; provisions .............................................................................................HB 1120 Sales and use tax exemptions; reusable grocery bags; provide............................HB 1149 Sales and use tax exemptions; sale of property to nonprofit
health centers; provide .......................................................................................HB 1102 Sales and use tax exemptions; vending machine food and beverages;
provide ...............................................................................................................HB 1217 Sales and use tax; 25 percent to transportation; dedicate - CA ............................HR 1358 Sales and use tax; amount of tax exemptions; temporary reduction ....................HB 1065 Sales and use tax; audits of books of accounts; provide ......................................HB 1245 Sales and use tax; authorize homestead option tax for education;
provisions...........................................................................................................HB 1051 Sales and use tax; board of education levy tax for educational
purposes; authorize - CA ...................................................................................HR 1238 Sales and use tax; cap exemption; metropolitan public transportation
purposes; provisions ..........................................................................................HB 1393 Sales and use tax; certain energy or water efficient products;
provide exemption ...................................................................................................HB 6 Sales and use tax; certain manufactured single-family structures;
change manner and method .................................................................................HB 868

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INDEX

Sales and use tax; change certain definitions .........................................................HB 299 Sales and use tax; change certain definitions .......................................................HB 1244 Sales and use tax; change certain definitions .......................................................HB 1360 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; county and municipal; distribution of proceeds; revise ............HB 991 Sales and use tax; county tax for educational purposes; revise............................HB 1020 Sales and use tax; credit card issuers; certain gas or fuel sales;
authorize refunds..................................................................................................HB 360 Sales and use tax; deduction of bad debts; change provisions ...............................HB 425 Sales and use tax; determine addresses using ZIP Codes; provide ......................HB 1240 Sales and use tax; distributed for educational purposes; provisions - CA ...........HR 1105 Sales and use tax; distribution of tax proceeds; collect data ................................HB 1408 Sales and use tax; educational purposes; provide - CA........................................HR 1203 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Sales and use tax; food and beverages; suspend exemption.....................................HB 67 Sales and use tax; food sales to qualified food bank; extend exemption ...............HB 359 Sales and use tax; government contractor sales of overhead
materials; extend sunset exemption .....................................................................HB 942 Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Sales and use tax; less than 1 percent tax to fund local projects;
provisions...........................................................................................................HB 1049 Sales and use tax; limit exemptions periods - CA ....................................................HR 30 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1109 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1110 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1111 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1112 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 932 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 933 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 928 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 929 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 930 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 931 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; motor fuel collections; appropriated for transportation;
provisions - CA..................................................................................................HR 1300 Sales and use tax; motor fuel sales; change certain provisions ..............................HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 Sales and use tax; natural or artificial gas sales; provide phased-in
exemption.............................................................................................................HB 271 Sales and use tax; obligation for payment by contractors; further define ..............HB 375

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6327

Sales and use tax; off-premises human consumption; remove exemption.............HB 401 Sales and use tax; phase in deduction on motor fuels; provisions .......................HB 1099 Sales and use tax; point of sale data made available to counties; provide ...........HB 1372 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Sales and use tax; sales price; change definition....................................................HB 347 Sales and use tax; sales tax on high school or college athletic
event tickets; provisions.....................................................................................HB 1227 Sales and use tax; second motor fuel tax; change certain provisions.......................HB 61 Sales and use tax; special purpose public safety local option tax; provide..........HB 1382 Sales and use tax; streamlined sales tax purposes; provide
comprehensive revision .....................................................................................HB 1221 Sales and use tax; tax applicability to outdoor advertising; provide ....................HB 1246 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 Sales and use tax; temporary increase; provide....................................................HB 1167 Sales and use tax; temporary increase; provisions .................................................HB 918 Sales and use tax; unidentifiable proceeds; distribution authority; revise ...........HB 1096 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 309 Sales/Use Taxes; provide state revenue commissioner with authority to
collect sales/use taxes from businesses that may not be obligated...................... SB 512 State government; revenue and taxation; educational purposes;
change provisions ..............................................................................................HB 1013 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 Taxes; provide for a 1 % sales tax; transportation projects in
special transportation districts within the state...................................................... SB 39 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Investment Act of 2010; enact .....................................................HB 1218
SASSER, TOWN OF; Terrell County; provide new charter.................................HB 1400
SAVANNAH, CITY OF Chatham County; board of education members; add qualifications ....................HB 1509
SCHOOLS (See Educaiton)
SCRAP METAL PROCESSORS Scrap metal processors; require photo identification of nonlicensed sellers; provisions ..................................................................................................HB 43

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INDEX

SCREVEN COUNTY Glenn Brown Memorial Overpass; dedicate ..........................................................HR 607 Veterans Memorial Highway; Screven County; dedicate ....................................HR 1788
SEAT BELTS Motor vehicles; use of safety belts; eliminate certain exceptions .............................. SB 5 Safety belts; change certain provisions ................................................................HB 1398 Safety Belts; eliminate certain exceptions to the required use of safety belts ....................................................................................................... SB 458 Safety belts; failure to use; recover costs incurred; provide...................................HB 256 Safety belts; new school buses equipped; provide .................................................HB 201 Safety belts; pickup trucks; rear seats of vehicles; require.......................................HB 22 Safety Belts; provide failure to use may be considered evidence of causation, negligence......................................................................................... SB 23 The Billy Foulke Seatbelt Act; enact......................................................................HB 142
SECRETARY OF STATE Corporations; registration with Secretary of State; require..................................HB 1034 Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirements .....................................................................HB 1279 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws ............................................................. SB 388 Secretary of State and Board of Regents; Georgia Capitol and State Museums; urge..........................................................................................HR 1736
SELLING AND OTHER TRADE PRACTICES Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 Commerce/Trade; prohibit pricing practices during an abnormal market disruption; petroleum products; define terms.......................................... SB 237 Consumer reporting agencies; identical report to consumer and creditor; require.............................................................................................HB 197 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures .................... SB 130 Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions ................................................................HB 267 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories ............................... SB 368 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Georgia Kosher Food Consumer Protection Act; enact .......................................HB 1345 Identity theft; illegal for state to require social security or birth date as identification; provide............................................................................HB 1004 In-home services; employees; criminal background investigation; provide .................................................................................................................HB 263

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6329

Motor vehicle franchise practices; voluntary releases; provisions.......................HB 1072 Pharmacy benefit manager; favor pharmacy prescription filling;
provisions.............................................................................................................HB 369 Phone cards; terms shall be disclosed at time of purchase; provide.......................HB 846 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; provide definitions; metal theft; provisions..............HB 456 Secondary metals recyclers; records of transactions; change
certain provisions.................................................................................................HB 274 Secondary metals recyclers; theft crimes; transaction records;
change provisions ..............................................................................................HB 1373 Secondary metals recyclers; vehicles used to transport stolen
metals; provide forfeiture ....................................................................................HB 497 Truth in Music Advertising Act; prohibition against the
advertising/conducting of certain live musical performances ............................. SB 226
SENATE General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize.........................................................HB 676 House convened; notify Senate ............................................................................HR 1088 Joint session; message from Chief Justice of Supreme Court..............................HR 1682 Senate Convened; notify House of Representatives............................................... SR 797
SENTENCE AND PUNISHMENT Corrections, Department of; punishment for serious violent offenders; provide ..................................................................................................HB 84 Criminal offenses; cruelty to animals; revise provisions .....................................HB 1146 Criminal procedure; change the term victim to the term accuser; provide ..........HB 1181 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Death penalty; moratorium; provisions ................................................................HB 1312 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Juvenile proceedings; change provisions; smash and grab burglary designated as felony; provide ............................................................................HB 1104 Juvenile Proceedings; clarify provisions to juveniles receiving credit for time served ........................................................................................... SB 400 Juvenile proceedings; detention; change provisions ............................................HB 1144 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Penal institutions; Department of Probation/Parole Community Based Supervision; create......................................................................................HB 78 Repeat offenders; fourth felony offense punishment; change provisions ..............HB 901

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6330

INDEX

Sentencing and imposition of punishment; procedure; repeal certain provisions.................................................................................................HB 111
Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on
residences, workplaces, and activities; change/enact provision of law............... SB 157 Sexual offenses; sexual assault; change certain provisions....................................HB 886 Street gang terrorism and prevention; expand and change provisions .................HB 1015 Violent offenders; good behavior credit days; provide ..........................................HB 679
SEXUAL OFFENSES Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 Offenses; provide for neutrality with regard to the offense of incest..................... SB 439 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual offenses; assault against persons in custody; change certain provisions.................................................................................................HB 897 Sexual offenses; gender neutrality in incest offense; provide ..............................HB 1183 Sexual offenses; minimum age for prosecution; mandate......................................HB 582 Sexual offenses; minimum age to prosecute prostitution and masturbation for hire; mandate ..........................................................................HB 1256 Sexual offenses; rape include both genders; change definition............................HB 1201 Sexual offenses; sexual assault against a person under care or supervision; provisions....................................................................................HB 611 Sexual offenses; sexual assault; change certain provisions....................................HB 886
SHERIFFS Constables/Marshals; notify protected persons upon the service of certain protective orders ...................................................................................... SB 4 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Elections; nonpartisan; sheriffs; provide ................................................................HB 134 Elections; nonpartisan; sheriffs; provide ................................................................HB 913 Sheriff's service fees; serving and dispossessing certain tenants and intruders; increase fees..................................................................................HB 505
SMOKEFREE AIR ACT Health; prohibition of smoking in public places; enact new provisions ..............HB 1420
SNELLVILLE, CITY OF Redevelopment Powers Law; authorize ...............................................................HB 1379 Voting powers of the mayor; change provisions.................................................... SB 258
SOCIAL CIRCLE, CITY OF Certain geographical area; remove from corporate city limits .............................HB 1444

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6331

SOCIAL SERVICES Child abuse reports; access to records; solicitors-general; authorize.....................HB 303 Community Health, Department of; require Medicaid home pilot projects; urge .............................................................................................HR 2102 Corrections, Department of; amend various titles; provisions .............................HB 1030 Delinquent child; protective order for victims of acts of delinquency; provisions.............................................................................................................HB 729 Employment Security Law; develop drug testing program for unemployment; provisions.................................................................................HB 1163 Family and children services; outsource certain duties; provide..........................HB 1194 Family-planning services; define certain terms; change certain provisions.............................................................................................................HB 351 Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions...........................................................................................HB 1314 Georgia Economy Investment Act; enact.............................................................HB 1409 Human Resources, Department of; adopting a special needs child; financial assistance; provide......................................................................HB 428 Juvenile Justice, Department of; collect medical insurance reimbursement; authorize ..................................................................................HB 1264 Medicaid and PeachCare for Kids Program; contract termination; provide requirements .........................................................................................HB 1317 Medicaid and PeachCare for Kids; single administrator for dental services; provisions.................................................................................HB 1407 Medicaid Care Management Organization Legislative Oversight Committee; create ................................................................................................ SB 443 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 Medical assistance; health organizations providing service under Medicaid; repeal tax exemption.........................................................................HB 1170 Medicare Supplemental; make available to persons under age 65 who qualify for Medicare due to disability or end-stage renal disease ....................... SB 316 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Public assistance; food stamp recipients may order food over Internet; provide.................................................................................................HB 1054 Public assistance; random drug testing for recipients; provisions........................HB 1389 Sexual offenses; minimum age to prosecute prostitution and masturbation for hire; mandate ..........................................................................HB 1256 Social services; Department of Community Health; provide health care benefits; authorize .............................................................................HB 955 Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles................................HB 354

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6332

INDEX

State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89
Therapy services; eligible for public assistance funding; provide .........................HB 922
SOIL EROSION AND SEDIMENTATION Best management practices; required buffer along state waters; provide exception...............................................................................................HB 1359 Erosion and sediment control plan; implemented through separate contract; require ...................................................................................................HB 771 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions............................................................................................................. SB 228 State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide .........................................................HB 1443
SPALDING COUNTY Homestead exemption; qualifying income level; increase ...................................HB 1496 Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472
SPORTS Athletic trainers; athletic injury; amend definition ................................................HB 543 Georgia Boxing Association; recognized as a governing body for amateur boxing, wrestling, and martial arts................................................... SB 336 Georgia Golf Hall of Fame; abolish; disposition of property................................. SB 449 Georgia Sports Hall of Fame Authority; composition; revise................................HB 694 Georgia Sports Hall of Fame Authority; designate signs commemorating significant sporting achievements........................................................................ SB 338 Georgia Sports Hall of Fame Authority; reconstitute governance; provisions...........................................................................................................HB 1092 Georgia Sports Hall Of Fame Authority; reconstitute the governance; provide for new governing body for authority and its members ......................... SB 523 High school athletics; interscholastic competition; provisions ..............................HB 161 Sales and use tax; sales tax on high school or college athletic event tickets; provisions.....................................................................................HB 1227 Student-Athletes Right to Know Act of 2010; enact............................................HB 1406 Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions.............................. SB 149
STATE BOUNDARIES AND JURISDICTION Georgia Building Authority; adopt master plan for Capital Square; require ................................................................................................................HB 1363 Public Safety, Department of; Capitol Police Division; create; provisions .........HB 1074
STATE COURTS OF COUNTIES (See Courts)

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6333

STATE DEBT, INVESTMENT, AND DEPOSITORIES Financial institution; check cashing fee; not eligible to serve as state depository; provide .................................................................................HB 673 State Financing and Investment Commission; powers to meet requirements; provide ........................................................................................HB 1258 State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide .........................................................HB 1443
STATE EMPLOYEES Employees' Retirement System of Georgia; certain gender designation; change ..................................................................................................................HB 467 Employees' Retirement System of Georgia; death benefit; clarify provisions.............................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions.............................................................................................................HB 172 Employees' Retirement System of Georgia; employer contributions; paid to counties; provide......................................................................................HB 472 Employees' Retirement System of Georgia; Office of Child Support Services; provisions ...............................................................................HB 822 Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide ................................................................HB 739 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 242 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 320 Georgia State Employees' Pension and Savings Plan; retirement computations; provisions .....................................................................................HB 191 Retirement ages; nullify application for retirement; provisions.............................HB 916 Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide...........................................................HB 211 Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date........................................................................................................ SB 100 Retirement; no person who becomes tax commissioner; on/after July 1, 2010; membership in Employees' Retirement System of Georgia .......... SB 283 Retirement; repeal certain obsolete and inoperative provisions............................. SB 436 State Employees' Assurance Department; group term life insurance; provisions...........................................................................................................HB 1223 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222 Technical College System of Georgia; retirement and pensions; provisions.............................................................................................................HB 266

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6334

INDEX

STATE FLAG, SEAL, AND OTHER SYMBOLS Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................HB 327 Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide .......................................................................................HB 108
STATE GOVERNMENT Actions against the state; reduce cap on damages; provide ...................................HB 623 Administrative Services, Department of; mandatory purchase agreements; provisions ........................................................................................HB 934 Architects; practice of interior designers; clarify ...................................................HB 231 Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................HB 327 Commission on Regional Planning; create; provide for membership and duties .............................................................................................................HB 867 Conservation and natural resources; certain environmental protection permits; revise provisions ..................................................................................HB 1370 Constitutional Tender Act; enact ............................................................................HB 430 Contracts for Public Works; provide certain contractual/purchasing preferences for materials; materialmen, contractors, builders............................. SB 447 Court reports; publishing a volume of rules from the definition of reports; remove requirement ...........................................................................HB 235 Early Care/Education Programs; provide for certain procedures subsequent to death occurring in a family day-care home, group-day care ..................................................................................................... SB 451 Economic Development, Department of; program to provide certain grants to small businesses; establish........................................................HB 556 Education; establish the HOPE needs based scholarship; definition; provide for eligibility requirements; scholarship amounts .................................. SB 496 Education; require school systems to adopt a reporting system for the purpose of determining potential HOPE eligibility ................................. SB 340 Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ............................................HB 1321 Financial institution; check cashing fee; not eligible to serve as state depository; provide .................................................................................HB 673 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Gambling; coin operated amusement machines; revise definitions .......................HB 293
Georgia Administrative Procedures Act; change certain procedures; provide proposed rules...........................................................................................HB 15
Georgia Agency Accountability Act; enact............................................................HB 206 Georgia Building Authority; adopt master plan for Capital Square;
require ................................................................................................................HB 1363

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6335

Georgia Building Authority; exempt from certain sales and use tax; provisions ...............................................................................................HB 333
Georgia Commission on Reducing Poverty and Increasing Economic Security; create ....................................................................................................HB 935
Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244
Georgia Foundation for Public Education; establish; provide for membership, powers, duties, purpose ............................................................ SB 427
Georgia Golf Hall of Fame; abolish; disposition of property................................. SB 449 Georgia Government Accountability Act; enact ....................................................HB 236 Georgia Lottery Corporation; Board of Directors; revise composition..................HB 512 Georgia Lottery Corporation; review policies to include incentive
and bonus payments; urge .................................................................................HR 1360 Georgia Lottery Corporation; review policies to include incentive
and bonus payments; urge .................................................................................HR 1361 Georgia Occupational Regulation Review Law; review of existing
regulatory entities to determine the need for change to current regulations............................................................................................................ SB 148 Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact .............................................................................................................HB 196 Georgia Services Administration; succeed Department of Administrative Services; create provisions ................................................................................HB 1431 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia Technology Authority; new duties and procedures; provisions .............HB 1336 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Governmental Energy Efficiency; authorize state multiyear contracts; vendors guarantee realization of specified savings to improvements - CA............................................................................................ SR 1231 "'Health Share' Volunteers in Medicine Act"; provide sovereign immunity protection for physician assistants in safety net clinics ...................... SB 344 HOPE; provide person shall be legal Georgia resident to be eligible for a HOPE GED voucher ...................................................................... SB 341 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .........................................................................................HB 20 Law enforcement vehicles; painted solid color; authorize .....................................HB 981 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws ............................................................. SB 388 Legislative Economic Development Council; create ............................................. SB 374 Local Boards of Education; election; revise provisions ........................................... SB 84 Local government storm water utility charges; exempt state government entities; provide ...............................................................................HB 316 Lottery for education; prerequisites prior to employees receiving compensation; provide.........................................................................................HB 677

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6336

INDEX

Lottery games; use of electronic and mechanical devices; limit use......................HB 697 Martin Luther King Junior Advisory Council; create ..........................................HB 1466 Meetings open to public; video posting on official website satisfy
requirement; provide..........................................................................................HB 1375 Meetings; service delivery agreements; not open to public; provide ...................HB 1386 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Municipal Courts; judges be attorneys; require....................................................HB 1236 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 OneGeorgia Authority Act; share county boundaries; determine
eligibility............................................................................................................HB 1127 Open and public meetings; posting and advertisement of tax
assessors meetings; change requirements..........................................................HB 1357 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Public Disclosure; provide social security numbers in public
documents shall not be disclosed......................................................................... SB 124 Public Meetings; limitation on action to contest agency action, recording,
notice of time/place; change certain provisions................................................... SB 143 Public property; writing off small amounts due to state; University
System of Georgia; provisions...........................................................................HB 1128 Public records; exemptions to requirements for disclosure; provisions.................HB 171 Public records; teacher and school employee information; exempt
from disclosure ..................................................................................................HB 1086 Public Safety, Department of; Capitol Police Division; create;
provisions...........................................................................................................HB 1074 Public Utilities; provide regulation of private emergency warning
point to multipoint systems by Public Service Commission ............................... SB 415 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Ralph Mark Gilbert Civil Rights Museum; official state civil
rights museum; provide .......................................................................................HB 108 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Rehabilitation Services, Division of; transfer to Department
of Community Affairs; repeal certain provisions ..............................................HB 1521 Revenue and taxation; administrative garnishment; comprehensive
revisions ...............................................................................................................HB 982 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448
Sales and use tax; streamlined sales tax purposes; provide comprehensive revision .....................................................................................HB 1221
Service delivery regions; applicability of regions; revise a provision .................HB 1260 State Accounting Office; direct the officer to contract with a third party to
audit state contracts for purpose of recovering certain funds.............................. SB 478

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6337

State and Local Public-Private Partnership Act of 2010; enact ...........................HB 1134 State auditor; certain state or local government entities' failure
to perform audits required by law; provide for effects ........................................HB 831 State Auditor; website of Dept. of Audits and Accounts; applicable
to public information; operation, maintenance; provisions ................................. SB 389 State Authority and Federal Tax Funds Act; enact.................................................HB 877 State Financing and Investment Commission; powers to meet
requirements; provide ........................................................................................HB 1258 State government; budget units to review and modify user fees
collected; provide...............................................................................................HB 1283 State Government; no department/agency shall implement any
provision of federal health care reform legislation.............................................. SB 399 State government; notice for public meetings; clarify provisions........................HB 1303 State government; pari-mutuel wagering or betting on horse
racing; provisions...............................................................................................HB 1168 State government; public access to public records; revise and
restate provisions .................................................................................................HB 684 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State government; replacement permits, licenses, and identification
cards; provisions ................................................................................................HB 1019 State government; revenue and taxation; educational purposes;
change provisions ..............................................................................................HB 1013 State Properties Code; modifying certain provisions; acquiring
real property through commission ....................................................................... SB 455 State Properties Commission; provide authority to enter into
multiyear lease agreements.................................................................................. SB 254 State Purchasing; benefits based funding projects; revise provisions;
change membership of an oversight committee .................................................. SB 194 State purchasing; free market competition; provide...............................................HB 382 State purchasing; goods and services from correctional industries;
revise certain provisions ......................................................................................HB 205 State purchasing; price paid by state not exceed price offered
to others; require ................................................................................................HB 1358 States' rights; based on Jeffersonian principles; affirm ..........................................HR 776 Transit Governance Study Commission; create ...................................................HB 1252 Transportation Investment Act of 2010; enact .......................................................HB 277 Uniform Emergency Volunteer Health Practitioners Act; enactment;
definitions; regulations ........................................................................................ SB 315

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"Water System Interconnection Redundancy and Reliability Act"; achieve district-wide interconnection within Metro North Georgia Water Planning .................................................................................................... SB 442
"Water System Interconnection, Redundancy, and Reliability Act"...................... SB 380
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PRINTING AND DOCUMENTS Court reports; publishing a volume of rules from the definition of reports; remove requirement ...........................................................................HB 235 Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ............................................HB 1321 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Legislative Counsel; repeal certain requirements relative to softbound volumes of the Georgia Laws ............................................................. SB 388 Meredith Emerson Memorial Privacy Act; enact .................................................HB 1322 Municipal Courts; judges be attorneys; require....................................................HB 1236 Proposing amendments to state Constitution; hold a Convention; provisions.............................................................................................................HB 250 Public Disclosure; provide social security numbers in public documents shall not be disclosed......................................................................... SB 124 Public officers and employees; establish Office of State Inspector General; provisions ................................................................................................HB 82 Public records; exemptions to requirements for disclosure; provisions.................HB 171 Public records; teacher and school employee information; exempt from disclosure ..................................................................................................HB 1086 State government; public access to public records; revise and restate provisions .................................................................................................HB 684
STEPHENS COUNTY; Public Property; conveyance; 11 counties ..................... SR 1083
STOCKBRIDGE, CITY OF Councilmember elections; advisory referendum; provide ...................................HB 1482
SUPERIOR COURTS (Also, see Courts) Computerized record-keeping systems; clerks of superior courts; redacting social security numbers; provide ...........................................................HB 55 Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Courts; Georgia Courts Automation Commission; repeal......................................HB 289

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Fee provisions; fee remittance for processing United States passports; change ...............................................................................................HB 1193
Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57
Maps and plats; certain data shown; subdivisions; provide restrictions...............HB 1369 Piedmont Judicial Circuit; create new superior court judgeship ..............................HB 77 Superior Court Clerks' Retirement Fund of Georgia; not entitled
credit to service after July 1, 2010; provisions ....................................................HB 486 Superior Court of Fulton County; Family Court Division; change
project duration ....................................................................................................HB 976 Superior courts; issuing orders on motions; provisions .........................................HB 220
SUPREME COURT (Also, see Courts) Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Georgia Supreme Court Chief Justice; Georgia is republic, not democracy; inform.............................................................................................HR 1770 Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ......................HR 72 Joint session; message from Chief Justice of Supreme Court..............................HR 1236 Joint session; message from Chief Justice of Supreme Court..............................HR 1682 Joint session; message from Chief Justice of Supreme Court; reschedule...........HR 1433 Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331

T
TALBOT COUNTY Elections; composition and appointment of board; change..................................HB 1469
TANNING FACILITIES Tanning Facilities Regulation Act; enact ...............................................................HB 853
TATTNALL COUNTY Public Property; conveyance; 11 counties............................................................ SR 1083 Veterans Boulevard; dedicate .................................................................................HR 440

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INDEX

TAXATION AND REVENUE 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create.......................HB 1405 Ad valorem tax exemption of property; provide new owner with application; provisions.................................................................................HB 967 Ad valorem tax exemption; businesses providing new jobs; provisions..............HB 1249 Ad valorem tax exemption; certain charitable institutions; revise and change ...........................................................................................................HB 462 Ad valorem tax exemption; certain public-private transportation projects; provisions ............................................................................................HB 1186 Ad valorem tax exemption; full value of certain new construction; provisions.............................................................................................................HB 975 Ad valorem tax exemption; net job producing jurisdictions; provide - CA .........HR 1448 Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax exemptions; freeport exemptions; revise provisions ..................HB 1082 Ad valorem tax; annual notice of changes in tax returns; provide .......................HB 1190 Ad valorem tax; bona fide conservation use property; revise certain provisions...................................................................................................HB 75 Ad valorem tax; certain historical information; change certain provisions ...........HB 240 Ad valorem tax; certification of assessed taxable property value; change provisions ..............................................................................................HB 1332 Ad valorem tax; change certain definitions..........................................................HB 1222 Ad valorem tax; collection of levy administration fees; change provisions ........HB 1158 Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions..........................................................................................HB 106 Ad valorem tax; foreclosure sales; determination of fair market value; provide ......................................................................................................HB 498 Ad valorem tax; forest land conservation use property; revise provisions ..........HB 1028 Ad valorem tax; freeport exemption; change a definition......................................HB 409 Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ................................................................HB 348 Ad valorem tax; heavy-duty equipment vehicles; change partial exemption to tax credit; provide ..........................................................................HB 996 Ad valorem tax; homestead exemption; disabled veterans; provisions..................HB 247 Ad valorem tax; homestead exemption; provisions ...............................................HB 461 Ad valorem tax; modernization and revisions of certain provisions; provide .................................................................................................................HB 483 Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption .................................................................................................HB 520 Ad valorem tax; notice of changes in taxpayers' returns; change provisions...........................................................................................................HB 1139 Ad valorem tax; notice of changes made; require ....................................................HB 95

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6341

Ad valorem tax; property; change certain provisions.............................................HB 241 Ad Valorem Tax; provide conditions; charitable institutions receiving
exemption; rent for a fee without invalidating such exemption .......................... SB 513 Ad valorem tax; returns of taxable real property; change certain
provisions.............................................................................................................HB 963 Ad valorem tax; United States servicemembers killed in action;
surviving spouses; increase homestead exemption..............................................HB 407 Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Ad Valorem Taxes; manner and time of making the state ad
valorem tax levy; revise and change provisions .................................................. SB 517 Ad Valorem Taxes; revise comprehensive provisions ........................................... SB 346 Appraisers; prohibit persons who are serving/have served a member of
county board of tax assessors from serving as employee of the board................ SB 118 Black Market Cigarette Act; enact .........................................................................HB 585 Board of education; levy sales and use tax for educational purposes;
provide - CA ........................................................................................................HR 341 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed
15 percent of previous year's net revenue for any fiscal year.............................. SB 421 Casino gambling; dedicate taxation revenue; authorize - CA ..............................HR 1784 Cost-of-Living Tax Fairness Act; enact .................................................................HB 443 County and municipal tax levies; fund domed stadium; revise provisions............HB 903 County boards of equalization; property overvalued for tax
purposes; provide remedy....................................................................................HB 399 County boards of tax assessors; appeal of assessments; comprehensive
revision.................................................................................................................HB 587 County or municipality; ad valorem tax; homestead exemption;
authorize - CA......................................................................................................HR 369 Currency transactions; fee for wire transmitted money received;
provisions...........................................................................................................HB 1243 Dealers' sales and use tax returns; estimated tax liability; change
provisions...............................................................................................................HB 25 Distilled spirits; 33 excise tax option; provide ...................................................HB 1488 Education; student scholarship organizations; repeal.............................................HB 175 Encumbered property; recording, payment, and distribution
of tax; change provisions ...................................................................................HB 1191 Ethics; public officers; requirement to file and pay taxes; provisions ...................HB 911 Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................HB 39 Excise tax; cigarettes; proceeds to health care; provide - CA ..............................HR 1652 Fees; change amount; provisions..........................................................................HB 1055 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 Gambling; coin operated amusement machines; revise definitions .......................HB 293

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INDEX

General Assembly; members who fail to file state tax returns or default; provisions .........................................................................................HB 1083
General Assembly; provide homeowner tax relief grants; appropriate funds - CA................................................................................................................HR 7
Georgia Building Authority; exempt from certain sales and use tax; provisions ...............................................................................................HB 333
Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244
Georgia Forest Product Fairness Act; provide statement of intent; General Assembly; granting of economic incentive to users of raw forest products...................................................................................................... SB 409
Georgia Public Revenue Code; sale of tax receivables; provisions .......................HB 390 Georgia Tax Reform Commission of 2009; providing access
to certain otherwise confidential Department of Revenue information .............. SR 453 Georgia Tax Reform Commission; create ............................................................HR 1737 Georgia taxable net income; exclusion for military retirement
income; provide .................................................................................................HB 1112 Georgia taxpayer; certified new business income; provide exclusion ...................HB 946 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia Tourism and Community Development Act for Natural
and Cultural Resources; enact ...........................................................................HB 1522 Georgia Tourism Development Act; enact...........................................................HB 1125 Georgia Tourism Development Act; enact...........................................................HB 1251 Georgia Tourism Development Act; enact...........................................................HB 1266 Georgia Tourism Job Creation Act; enact ............................................................HB 1239 Homestead exemption; disabled veterans; surviving spouses
or minors; provide................................................................................................HB 222 House Motor Fuel Tax Study Committee; create.................................................HR 1715 House Study Committee on Business Income Tax Elimination
and Job Creation; create.......................................................................................HR 651 House Study Committee on Hotel-Motel Tax; create ..........................................HR 1435 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on the Hotel Motel Tax; create.....................................HR 1783 House Study Committee on the Review, Evaluation, and Analysis
of State Tax Exemptions; create ..........................................................................HR 442 Income tax credit; 5 percent of Federal Earned Income Credit
claimed; provisions ..............................................................................................HB 621 Income tax credit; caregiver expenses; revise and change.....................................HB 269 Income tax credit; certain clean energy property; change certain
provisions.............................................................................................................HB 419 Income tax credit; certain volunteer firefighters; provide ........................................HB 58

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6343

Income tax credit; citizenship expenses for low-income families; provisions.............................................................................................................HB 759
Income tax credit; job creation; provisions ..........................................................HB 1204 Income tax credit; physicians providing indigent care services;
provisions...........................................................................................................HB 1038 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 4 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 5 Income tax credit; qualified broadband equipment; provide................................HB 1416 Income tax credit; qualified water and energy efficient product
expenses; provisions ............................................................................................HB 519 Income tax credit; unused conservation tax credits; provisions...........................HB 1202 Income tax credits; personal mass transportation expenses; provisions ................HB 255 Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Income tax exemptions; custodial and noncustodial parents;
revise and change certain provisions ...................................................................HB 270 Income tax payment; refund checks; change provisions........................................HB 962 Income tax payment; refund or waiver of de minimis overpayments
and insufficiencies; provide.................................................................................HB 971 Income Tax Returns; authorize taxpayers to make certain contributions;
programs for the education of multiple sclerosis................................................... SB 25 Income tax returns; contributions for education and multiple
sclerosis; authorize...............................................................................................HB 985 Income tax returns; make contributions for lupus, multiple sclerosis, and
kidney disease and general welfare of the state; authorize................................HB 1272 Income tax; broadband or wireless telephone towers; tax credits;
provisions.............................................................................................................HB 415 Income tax; certain qualified investments; income tax credit; provisions ...........HB 1001 Income tax; change certain definitions...................................................................HB 298 Income tax; change certain definitions.................................................................HB 1219 Income tax; film, video, or digital productions; revise credit ..............................HB 1247 Income tax; individual standard deductions; revise and change ............................HB 825 Income tax; order of credits applied on taxpayer's return; provisions .................HB 1241 Income tax; property donations for public parks; provide tax credit ...................HB 1523 Income tax; provide credits for equipment that reduces energy
or water usage; low-income tax residents; provisions.......................................HB 1069 Income tax; public safety income not subject to tax; provisions..........................HB 1180 Income tax; qualified equipment that reduces energy or water
usage; provide for tax credits...............................................................................HB 405 Income tax; tax credit for new freight rail infrastructure and
locomotive property; provisions ........................................................................HB 1145 Income tax; taxable income not include certain health plan premiums;
provide ...............................................................................................................HB 1515 Income tax; taxable nonresident; change definition .............................................HB 1198

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INDEX

Income tax; taxation of corporations; change certain provisions...........................HB 468 Income tax; withholding tax; seller subject to documentation
requirements; provide ..........................................................................................HB 374 Income taxes; expenses paid to captive factoring entities; disallow ......................HB 983 Income taxes; levy or collection of local income taxes; prohibit...........................HB 984 Income taxes; net capital gains excluded from state taxable
income; provide ...................................................................................................HB 655 Income taxes; portion of capital gains excluded; provisions................................HB 1037 Income taxes; private security for residential neighborhoods;
provide exemption ...............................................................................................HB 992 Income taxes; state income tax for corporations; abolish ....................................HB 1029 Income taxes; taxable resident; change definition..................................................HB 915 Income taxes; temporary reduction in certain credits; provide ............................HB 1068 Income taxes; temporary reduction of certain credits; provide ............................HB 1067 Individual tax rates and tables; surcharge on certain income; provide ................HB 1066 Inmates; access to medical services or hospital care; claiming
exemptions by hospitals; provide ........................................................................HB 350 Jobs, Opportunity, and Business Success Act of 2010; enact ..............................HB 1023 Jobs, Opportunity, and Business Success Refund Act of 2010; enact .................HB 1024 Joint Study Committee on Sales and Use Tax Simplification; create ....................HR 579 Landowners Protection Act of 2009; permit persons to hunt/fish or allow
persons on property for agritourism; limit liability ............................................... SB 75 Local ad valorem tax; reduce or eliminate with 1 percent sales
tax; authorize - CA.............................................................................................HR 1432 Local option sales tax proceeds; distribution; change provisions ..........................HB 137 MARTA; administration or collection of retail sales and use tax; provide............HB 727 Motor fuel and road tax; inspections; definitions; change certain
provisions.............................................................................................................HB 513 Motor fuel tax; expiration date for exemption; extend.........................................HB 1129 Motor fuel tax; jet and aviation gasoline; maintain public-use
airports; provide - CA ........................................................................................HR 1681 Motor fuels tax; subject to 4 percent tax; provisions ...........................................HB 1419 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Municipal Option Sales Tax for Water and Sewer; enact ........................................HB 66 New state revenue; percentage to African-American owned
institutions; request ............................................................................................HR 1116 Occupation taxes; counties collect certain information with
taxes; provisions ................................................................................................HB 1137 Occupation taxes; county provide electronic information to
Department of Revenue; provisions ..................................................................HB 1093 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Official Code of Georgia Annotated; correct errors and omissions .....................HB 1387 Peace officers; designation for training; provisions .............................................HB 1164

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Property value moratorium; additional nonapplicability; provisions...................HB 1148 Public accommodations charges; certain levies; change procedures ...................HB 1441 Real estate transfer tax; property in more than one county; change
provisions...........................................................................................................HB 1192 Revenue and tax; define Internal Revenue Code; incorporate
federal law..........................................................................................................HB 1138 Revenue and tax; motor fuels exemptions; change provisions ............................HB 1143
Revenue and tax; revenue enhancement and tax relief; comprehensive provisions...........................................................................................................HB 1278
Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund; provide .................................................................................................................HB 192
Revenue and taxation; administrative garnishment; comprehensive revisions ...............................................................................................................HB 982
Revenue and taxation; appoint special agents of Department of Revenue; provide...........................................................................................HB 1188
Revenue and taxation; comprehensive revision of provisions; provide.................HB 335 Revenue and taxation; financial institutions; seizure of funds
held; provisions....................................................................................................HB 986 Revenue and taxation; method of assessing real property; comprehensive
revision.................................................................................................................HB 517 Revenue and taxation; motor fuel excise tax; increase; provisions......................HB 1077 Revenue and taxation; prepaid cigarette tax; provisions........................................HB 188 Sales and use tax exemption; ammunition and ammunition components;
provide .................................................................................................................HB 707 Sales and use tax exemption; certain energy or water efficient
products; provide .................................................................................................HB 953 Sales and use tax exemption; certain health information technologies;
change certain provisions.....................................................................................HB 507 Sales and use tax exemption; certain nonprofit volunteer health
clinics; extend ....................................................................................................HB 1014 Sales and use tax exemption; certain regional information technology
authorities; provide ..............................................................................................HB 479 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ...................................................................................HB 951 Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax exemption; certain school supplies; provide..............................HB 952 Sales and use tax exemption; natural or artificial gas; continue ..........................HB 1008 Sales and use tax exemption; sales of seed, fertilizers, and feed;
change provisions ..............................................................................................HB 1006 Sales and use tax exemption; tangible personal property to government
grantee; provisions...............................................................................................HB 471

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Sales and use tax exemptions; eligible food and beverages; change certain provisions.....................................................................................HB 442
Sales and use tax exemptions; fuel used where swine are raised; extend sunset......................................................................................................HB 1088
Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448 Sales and use tax exemptions; property sale to nonprofit health
centers; provisions .............................................................................................HB 1120 Sales and use tax exemptions; reusable grocery bags; provide............................HB 1149 Sales and use tax exemptions; sale of property to nonprofit
health centers; provide .......................................................................................HB 1102 Sales and use tax exemptions; vending machine food and beverages;
provide ...............................................................................................................HB 1217 Sales and use tax; 25 percent to transportation; dedicate - CA ............................HR 1358 Sales and use tax; amount of tax exemptions; temporary reduction ....................HB 1065 Sales and use tax; audits of books of accounts; provide ......................................HB 1245 Sales and use tax; authorize homestead option tax for education;
provisions...........................................................................................................HB 1051 Sales and use tax; board of education levy tax for educational
purposes; authorize - CA ...................................................................................HR 1238 Sales and use tax; cap exemption; metropolitan public transportation
purposes; provisions ..........................................................................................HB 1393 Sales and use tax; certain energy or water efficient products;
provide exemption ...................................................................................................HB 6 Sales and use tax; certain manufactured single-family structures;
change manner and method .................................................................................HB 868 Sales and use tax; change certain definitions .........................................................HB 299 Sales and use tax; change certain definitions .......................................................HB 1244 Sales and use tax; change certain definitions .......................................................HB 1360 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; county and municipal; distribution of proceeds; revise ............HB 991 Sales and use tax; county tax for educational purposes; revise............................HB 1020 Sales and use tax; credit card issuers; certain gas or fuel sales;
authorize refunds..................................................................................................HB 360 Sales and use tax; deduction of bad debts; change provisions ...............................HB 425 Sales and use tax; determine addresses using ZIP Codes; provide ......................HB 1240 Sales and use tax; distributed for educational purposes; provisions - CA ...........HR 1105 Sales and use tax; distribution of tax proceeds; collect data ................................HB 1408 Sales and use tax; educational purposes; provide - CA........................................HR 1203 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Sales and use tax; food and beverages; suspend exemption.....................................HB 67 Sales and use tax; food sales to qualified food bank; extend exemption ...............HB 359

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Sales and use tax; government contractor sales of overhead materials; extend sunset exemption .....................................................................HB 942
Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Sales and use tax; less than 1 percent tax to fund local projects;
provisions...........................................................................................................HB 1049 Sales and use tax; limit exemptions periods - CA ....................................................HR 30 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1109 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1110 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1111 Sales and use tax; lottery tickets; fund public education; provide - CA ..............HR 1112 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 932 Sales and use tax; lottery tickets; repeal exemption ...............................................HB 933 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 928 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 929 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 930 Sales and use tax; lottery tickets; repeal exemption; provisions ............................HB 931 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; motor fuel collections; appropriated for transportation;
provisions - CA..................................................................................................HR 1300 Sales and use tax; motor fuel sales; change certain provisions ..............................HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 Sales and use tax; natural or artificial gas sales; provide phased-in
exemption.............................................................................................................HB 271 Sales and use tax; obligation for payment by contractors; further define ..............HB 375 Sales and use tax; off-premises human consumption; remove exemption.............HB 401 Sales and use tax; phase in deduction on motor fuels; provisions .......................HB 1099 Sales and use tax; point of sale data made available to counties; provide ...........HB 1372 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Sales and use tax; sales price; change definition....................................................HB 347 Sales and use tax; sales tax on high school or college athletic
event tickets; provisions.....................................................................................HB 1227 Sales and use tax; second motor fuel tax; change certain provisions.......................HB 61 Sales and use tax; special purpose public safety local option tax; provide..........HB 1382 Sales and use tax; streamlined sales tax purposes; provide
comprehensive revision .....................................................................................HB 1221 Sales and use tax; tax applicability to outdoor advertising; provide ....................HB 1246 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 Sales and use tax; temporary increase; provide....................................................HB 1167 Sales and use tax; temporary increase; provisions .................................................HB 918 Sales and use tax; unidentifiable proceeds; distribution authority; revise ...........HB 1096

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Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions.....................................................................................HB 309
Sales/Use Taxes; provide state revenue commissioner with authority to collect sales/use taxes from businesses that may not be obligated...................... SB 512
Small Business and Jobs Protection Act of 2009; enact...........................................HB 17 Small Business and Jobs Protection Act of 2010; enact...........................................HB 18 State administrative provisions; interest rate for refunds and
past due taxes; change provisions......................................................................HB 1216 State and local taxes, fees, and property liens; abolish and prohibit;
change provisions - CA..........................................................................................HR 27 State Government; rename Office of Treasury and Fiscal Services
to Office of the State Treasurer ........................................................................... SB 296 State government; revenue and taxation; educational purposes;
change provisions ..............................................................................................HB 1013 State income tax; federal reserve banks in Georgia shall not
be exempt; provide...............................................................................................HB 466 State Properties Commission; provide authority to enter into
multiyear lease agreements.................................................................................. SB 254 State title fees; motor vehicles; provide - CA.........................................................HR 566 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 Student scholarship organizations; revise definition; provisions ...........................HB 394 Tax Amnesty Program Act; additional amnesty periods; provisions...................HB 1526 Tax defaulters; ineligible for public office; revise and strengthen - CA..............HR 1087 Tax digests; not approved by commissioner under certain conditions;
eliminate.............................................................................................................HB 1041 Tax executions; collection of costs; change certain provisions..............................HB 645 Tax; regional local option transportation tax - CA................................................... SR 44 Taxable net income; AmeriCorps payments and awards; provide
deduction..............................................................................................................HB 338 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 Taxation; furnishings for accommodations; authorize ...........................................HB 993 Taxes; corporate net worth tax; repeal; provisions.................................................HB 998 Taxes; provide for a 1% sales tax; transportation projects in
special transportation districts within the state...................................................... SB 39 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Tobacco products; excise tax; change certain provisions.......................................HB 355 Transportation Investment Act of 2010; enact .......................................................HB 277 Transportation Trust Fund; create - CA .................................................................HR 206 United States Congress; adopt Fair Tax Act; urge .................................................HR 821

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United States Congress; not pass legislation preventing state from collecting third-party hotel-motel tax; request..........................................HR 1484
Vehicle fees; ad valorem fee payment at time of annual fee; provide .................HB 1248 Watercraft held in inventory; exempt from taxation; provide..............................HB 1105
TEACHERS (Also, see Education) Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ........................................................................ SR 464 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements ..................................................................... SB 231 Education; Teacher Loan Program; provide...........................................................HB 851 Retired teachers; speech-language pathologist; return full-time; provisions.............................................................................................................HB 650 Teacher Access to Resources Act; enact ................................................................HB 503 Teacher certification; learning requirements for renewal; temporarily suspend...............................................................................................................HB 1307 Teacher sick and personal leave; compensate for furlough days; provisions...........................................................................................................HB 1205
TEACHERS RETIREMENT SYSTEM (Also, see Retirement) Retired teachers; speech-language pathologist; return full-time; provisions.............................................................................................................HB 650 Retirement and pensions; comply with federal law; amend certain provisions.............................................................................................................HB 969 Retirement and pensions; election to participate in Regents Retirement Plan; revocable at will.......................................................................HB 740 Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide .................................HB 849 Teachers Retirement System of Georgia; creditable service in private school; provide ....................................................................................HB 165 Teachers Retirement System of Georgia; five years of service; vested benefit; provisions ....................................................................................HB 345 Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service.......................................................HB 832
TELEPHONE AND TELEGRAPH SERVICE Courts; adjust certain fees for inflation; provisions..............................................HB 1328 Emergency 9-1-1 systems; redefine certain terms..................................................HB 105 Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions ............................................HB 1321 Fair Business Practices Act of 1975; unlawful activity relating to listing of certain telephone numbers in local telephone directories ............................... SB 368 Georgia Trauma Hospital Support Act of 2009; enact ...........................................HB 183

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Local Government Prepaid Wireless 9-1-1 Fee Collection Authority; create ..................................................................................................................HB 1442
Telecom Jobs and Investment Act; enact ...............................................................HB 168 Telecommunications competition; Access Transition Fund; implement ...............HB 376 Telephone service; unsolicited commercial facsimile messages;
change certain provisions.....................................................................................HB 275
TELFAIR COUNTY Public Facilities Authority of Telfair County Act; enact .....................................HB 1493
TEMPLE, CITY OF; provide new charter ...........................................................HB 1156
TENNILLE, CITY OF; mayor's vote; provide.....................................................HB 1461
TERRELL COUNTY; Sasser, Town of; provide new charter .............................HB 1400
THEFT OFFENSES Georgia Bureau of Investigation; provide with authority to investigate certain offenses involving fraudulent real estate transactions ............................. SB 371 Georgia Commercial Mortgage Fraud Act; enact; provisions .............................HB 1271 Public retirement or pension membership; public employment related crime; provisions....................................................................................HB 1111 Residential mortgage fraud; the offense; modify certain provisions........................HB 42 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; theft crimes; transaction records; change provisions ..............................................................................................HB 1373 Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture ....................................................................................HB 497 State Authority and Deposit Security Act; enact....................................................HB 878 Theft offense; designated disaster area; provide ..................................................HB 1208
THOMAS COUNTY Board of elections and registration; create ...........................................................HB 1025 Public Property; conveyance; 11 counties............................................................ SR 1083
TOBACCO AND TOBACCO RELATED PRODUCTS Minors; sale of cigarette and tobacco objects; blunt wraps; provide regulation ...........................................................................................................HB 1440 Revenue and taxation; prepaid cigarette tax; provisions........................................HB 188 Tobacco products; excise tax; change certain provisions.......................................HB 355

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6351

TORTS Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Local Government; authorize counties/municipal corporations to grant conservation easements .......................................................................... SB 390 Microchip Consent Act of 2009; enact.....................................................................HB 38 Microchip Consent Act of 2009; prohibit requiring a person to be implanted with a microchip ........................................................................ SB 235 Nuisances and torts; product liability causes of actions; change provisions.............................................................................................................HB 663 Prenatal Nondiscrimination Act; enact.................................................................HB 1155 Timber; penalty for converting timber; change....................................................HB 1267
TOURISTS Georgia Tourism Development Act; enact...........................................................HB 1125
TOWNS COUNTY Educational purposes; ad valorem tax; homestead exemption.............................HB 1452
TRADE (See Commerce and Trade)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries)
Ethics; State Transportation Board members are public officers; provide ..........HB 1242 General Assembly; Georgia Department of Transportation;
develop plan for maglev train; express................................................................HR 606 Georgia Department of Transportation; develop plan for building
"The Plane Train"; express ..................................................................................HR 646 Georgia Service-Disabled Veteran Business Enterprise Opportunity
Act; enact .............................................................................................................HB 196 Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Rehabilitation Services, Division of; transfer to Department
of Community Affairs; repeal certain provisions ..............................................HB 1521 State Road and Tollway Authority; abolish and transfer duties
to Department of Transportation; provide .........................................................HB 1443 State Transportation Board; limit membership on the board
to one five-year term............................................................................................ SB 505 State Transportation Board; members term of office; limit .................................HB 1234 State Transportation Board; members term of office; limit - CA ........................HR 1446 Transportation Department; multiyear construction agreements - CA .................. SR 821 Transportation Investment Act of 2010; enact .....................................................HB 1218 Transportation, Department of; design-build method; increase
the percentage of projects contracted .................................................................. SB 305

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6352

INDEX

Transportation, Department of; enter into multiyear contracts; authorize ...........HB 1135 Transportation, Department of; erect memorial markers; authorize ....................HB 1294 Transportation, Department of; modify provisions for the State
Transportation Board; provide for the appointment of a treasurer...................... SB 501 Transportation, Department of; provide for an Intermodal Division
within the department .......................................................................................... SB 520 Transportation, Department of; public-private partnership for
tunnel construction; prohibit................................................................................HB 968 Transportation, Department of; urged to seek waiver from Federal
Highway Administration to allow retail developments along interstate highway ................................................................................................ SR 822 Transportation, Georgia Department of; urged to build a maglev train to be known as the "The Plane Train" ......................................................... SR 117
TROUP COUNTY Levy excise tax; authorize ....................................................................................HB 1214 Magistrate Court of Troup County; provide chief magistrate shall be a full-time position; compensation and qualifications ........................... SB 277 Redevelopment Powers Law; authorize ...............................................................HB 1211
TRUSTS (See Wills, Trusts, and Administration of Estates)
TURNER COUNTY Board of elections and registration; create ...........................................................HB 1506 Create a board of elections and registration; provide for powers and duties; definitions; composition........................................................................... SB 545
TWIGGS COUNTY Bicentennial anniversary; recognize.....................................................................HR 1134 William Maud Bryant Memorial Highway; Bleckley County; dedicate..............HR 1202

U
UNIFORM RULES OF THE ROAD Aggressive driving; define the offense; provide.....................................................HB 146 Bicycles; operation on sidewalks; authorize local governments............................HB 965 Disability parking laws; appointed law enforcer have disability; remove requirement ...........................................................................................HB 1338 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement ................................................................................ SB 2 Drivers' licenses; suspend Class M driving upon conviction; provisions ............HB 1017

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INDEX

6353

Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180
Driving under the influence; convicted have ignition interlock device installed; provisions................................................................................HB 1124
Driving under the influence; notice of conviction publication; change provisions ................................................................................................HB 898
Driving; safe distance between vehicle and bicycle; provide ................................HB 988 Flow of traffic; minimum fine for impeding traffic flow; provide.......................HB 1047 General Assembly; additional fees for offenses; allocate to
Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 Georgia School Bus Safety Task Force; create ....................................................HB 1348 Habitual violators and probationary licenses; notification status;
change certain provisions.........................................................................................HB 9 Highway work zones; speeding; change certain provisions...................................HB 296 Motor carriers; financial responsibility compatible with federal
regulations; provisions.........................................................................................HB 990 Motor vehicles and traffic; safer bicycle riding; provide definitions ...................HB 1381 Motor Vehicles; "Caleb Sorohan Act for Saving Lives by Preventing
Texting While Driving"; establish ...................................................................... SB 360 Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Motor vehicles; ladder rack; carrying of ladders stacked more
than three high; prohibit.......................................................................................HB 828 Motor Vehicles; motorized cart; modify definition; change hours of
operation; provide local governments decide operators be licensed .................. SB 519 Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Motor vehicles; revocation of licenses; wireless telecommunication
devices; prohibit use ............................................................................................HB 938 Motor vehicles; taxicab and limousine definitions; "In God We Trust"
license plate decal; Zoo Atlanta; provide ..........................................................HB 1005 Motor vehicles; traffic-control signal monitoring devices; repeal
provisions...............................................................................................................HB 31 Motor vehicles; use of wireless telecommunications devices; prohibit .................HB 944 Motorcycles; intersection controlled by traffic-control signal;
provide for operation ...........................................................................................HB 617 Motorcycles; provisions requiring protective headgear; exempt
certain persons .....................................................................................................HB 317 Overtaking a school bus; reporting violations; enforced by video
images; define terms ..........................................................................................HB 1374 Pedestrians; provide definitions; clarify legal activities...........................................HB 13 Pedestrians; provide definitions; clarify legal activities...........................................HB 76 Public roads; regulate oversize and overweight loads; provisions.......................HB 1174

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6354

INDEX

Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ............................. SB 153
Rules of Road; wearing a device which impairs hearing/vision; exempt headsets connected to hands-free mobile communication devices ..................... SB 306
Rules of the Road; allow races on county/municipal roads when sanctioned by the local governing authority/ road is closed to traffic................. SB 345
Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture ....................................................................................HB 497
Uniform rules of the road; bicycles on sidewalks; local government; authorize...............................................................................................................HB 422
Uniform rules of the road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions..................HB 1231
Uniform rules of the road; securing live animals in motor vehicles; require ..................................................................................................................HB 692
Uniform rules of the road; use of radios and mobile telephones; change certain provisions.....................................................................................HB 945
Uniform rules of the road; vehicles used to transport aggregate materials; clearly identify; require.......................................................................HB 792
Vehicles; all shall be driven on right side of roadway; certain exceptions; provide ..............................................................................................HB 631
UNION COUNTY Nonpartisan elections; probate court judge; provide............................................HB 1486 Probate Court judge; nonpartisan elections; provide............................................HB 1481
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472 State of Georgia property; certain counties; nonexclusive easements; authorize.............................................................................................................HR 1588
URBAN REDEVELOPMENT LAW Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners................. SB 456

V VALDOSTA, CITY OF; sesquicentennial anniversary; recognize ......................HR 1158 VARNELL, CITY OF; change charter provisions................................................HB 1451
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INDEX

6355

VETERANS AFFAIRS; Ad valorem tax; United States servicemembers killed in action; surviving spouses; increase homestead exemption..............................................HB 407
Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Homestead exemption; disabled veterans; surviving spouses
or minors; provide................................................................................................HB 222
VETERINARIANS AND VETERINARY TECHNICIANS Uniform Emergency Volunteer Health Practitioners Act; enactment; definitions; regulations ........................................................................................ SB 315
VITAL RECORDS Elections; remove references to ballot cards; provisions .......................................HB 540 Vital Records; provide for execution of death certificates for certain burn victims transported from other states .............................................. SB 493
VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Public property; writing off small amounts due to state; University System of Georgia; provisions...........................................................................HB 1128 State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia...............................HB 301 Technical college or institution; legislative approval for creation or discontinuation; require...................................................................................HB 294 Technical College System of Georgia; certain nonlapsing revenue; remove sunset provision ......................................................................................HB 894
VOTER REGISTRATION AND VOTING (Also, see Elections) Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Voter registration; proof of citizenship; provisions................................................HB 139

W
WACO, CITY OF; provide new charter ...............................................................HB 1505
WAGES; MINIMUM WAGE LAW Minimum wage; increase to match cost of living; reform provisions..................HB 1308 Minimum wage; increase; provide comprehensive reform ....................................HB 290
WARE COUNTY Board of Education; citizens right to address board; provide ................................HB 732 Public Property; conveyance; 11 counties............................................................ SR 1083
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6356

INDEX

WARNER ROBINS, CITY OF Warner Robins American Little League softball team; commend and invite to House ............................................................................................HR 1170
WASHINGTON COUNTY State highway system; certain portions; dedicate.................................................HR 1513 Willie Lee Duckworth Highway; Washington County; dedicate.........................HR 1717
WASTE MANAGEMENT Education; public schools maintain recycling program; mandate..........................HB 943 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director............. SB 78 Hazardous Waste; amend certain definitions; update provisions to make consistent with federal regulations......................................................... SB 490 Hazardous waste; disposition of certain medical sharps waste; provisions ...........HB 504 Hazardous waste; make provisions consistent with federal regulations; provide ...............................................................................................................HB 1298 Solid waste disposal facilities; surcharge; increase................................................HB 491 Solid waste management; permits for handling, disposal, or treatment; change provisions .............................................................................HB 1059 Solid waste management; scrap tires; utilize transport destination designation form; require...................................................................................HB 1394 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured..................... SB 15
WATER RESOURCES Comprehensive state-wide water management planning; change certain provisions.................................................................................................HB 895 Georgia Geospatial Advisory Council; create ........................................................HB 169 Natural Resources, Department of; develop water conservation incentives; require..............................................................................................HB 1094 Outdoor watering; state-wide schedule; provisions .............................................HB 1039 Public Water Supply-Private Initiative Act; provide.............................................. SB 321 Public water systems; water usage among tenants; revise provisions....................HB 158 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 River Basin Protection Act; enact ........................................................................HB 1301 Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions.....................................................................................HB 309 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions............................................................................................................. SB 228 Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................HB 239

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INDEX

6357

Water pollution control; sludge and water-waste systems; regulate ......................HB 238 Water pollution; Adopt a Water Body program; provide.......................................HB 693 "Water System Interconnection Redundancy and Reliability Act";
achieve district-wide interconnection within Metro North Georgia Water Planning .................................................................................................... SB 442 "Water System Interconnection, Redundancy, and Reliability Act"...................... SB 380 Water well contractors or drillers; inject surface water into floridan aquifer; change certain provisions .......................................................................HB 597 Water well standards; require contractor license under geologist or engineer direction; change provisions...........................................................HB 1206 Water; examine practices, programs, policies; develop programs for voluntary water conservation; reports of measurable progress...................... SB 370 Wells and drinking water; permits to use ground water; change certain provisions.................................................................................................HB 578
WATERS, PORTS, AND WATERCRAFT Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair ..................................................................................................... SB 99 Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions .............................................................................HB 958 Georgia Ports Authority; comprehensive revisions; provide ...............................HB 1060 Natural Resources, Board of; rules and regulations; watercraft; penalty of violations; change certain provisions ................................................... SB 72 Official Code of Georgia Annotated; amend several titles ..................................HB 1356 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669 Watercraft held in inventory; exempt from taxation; provide..............................HB 1105
WAYNE COUNTY Levy excise tax; authorize ....................................................................................HB 1123 Wayne County Industrial Development Authority; number of board directors; increase ....................................................................................HB 1275
WEAPONS (Also, see Firearms) Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Public School; reporting by local boards of education regarding expulsion/disciplinary actions for students bringing weapons to school ............ SB 332
WELFARE (See Social Services)
WHITE COUNTY White County Building Authority Act; enact.......................................................HB 1353

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6358

INDEX

WHITFIELD COUNTY Dual Broadrick Memorial Highway; Whitfield County; dedicate .......................HR 1350 Levy excise tax; authorize ....................................................................................HB 1448 State highway system; certain portions; dedicate.................................................HR 1513
WILD ANIMALS Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 Wild animal licenses; noncommercial and educational; provide .........................HB 1185
WILDLIFE Firearms; laws concerning carrying of concealed weapons; revise comprehensively........................................................................................ SB 291 Game and fish; certain licenses for exotic game; define terms ............................HB 1270 Game and fish; taking of nongame species; change certain provisions .................HB 603 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669 Season and bag limit; open seasons; change certain provisions.............................HB 402 Seasons and bag limits; bears; change limits........................................................HB 1000 Wildlife; quality deer management program permits; provisions........................HB 1175 Wildlife; specify date for rules/regulations to establish game/fish criminal violations; define terms; person 16 of age may hunt at certain times ................. SB 474 Wildlife; use of certain drugs on wildlife; regulate................................................HB 416
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts ....................................................................... SB 131 Wills, Trusts, & Administration of Estates; provide when no distribution has been made from a trust within certain time, notify district attorney of circuit .............................................................................................................. SB 302 Wills, Trusts, Estate; provide for construction of wills/trust instruments referring to federal estate; provide for judicial construction of such wills.......... SB 461
WINE (See Alcoholic Beverages)
WITNESSES Georgia Composite Medical Board; authorize to establish a professional health program to provide monitoring/rehabilitation...................... SB 252 Juvenile proceedings; victims' participation; expand provisions ...........................HB 567 Privilege; confidentiality of communications between husband and wife; change certain provisions ....................................................................HB 840 Uniform Interstate Depositions and Discovery Act; enact.....................................HB 917

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INDEX

6359

WORKERS COMPENSATION Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Workers' compensation; hearing loss; hearing level frequencies; revise certain provisions ......................................................................................HB 864 Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions ................................................................................................HB 1101

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PART II
HOUSE BILLS
HB 1-- Crimes and offenses; prenatal murder; define; provisions............................................................................. No Action in 2010
HB 3-- Veterans Day; public schools closed November 11; provide ................................................................................. No Action in 2010
HB 4-- Income tax credit; qualified ad valorem tax expenses; provisions............................................................................. No Action in 2010
HB 5-- Income tax credit; qualified ad valorem tax expenses; provisions..................................................................................... Prefiled Only
HB 6-- Sales and use tax; certain energy or water efficient products; provide exemption ............................................... No Action in 2010
HB 7-- DeKalb County; governing authority officers; revisions ............ Prefiled Only HB 8-- DeKalb County; school district ad valorem tax; provide
homestead exemption .................................................................. Prefiled Only HB 9-- Habitual violators and probationary licenses;
notification status; change certain provisions...................... No Action in 2010 HB 10-- Georgia Crime Information Center; provide access to
criminal history; change provisions..................................... No Action in 2010 HB 11-- Accusations; trial in all cases except serious violent
felonies; allow...................................................................... No Action in 2010 HB 12-- Insurance; marketing and sales; unscrupulous practices;
broaden prohibition.............................................................. No Action in 2010 HB 13-- Pedestrians; provide definitions; clarify legal activities.............. Prefiled Only HB 14-- Elections; nonpartisan; certain officials; provide ................ No Action in 2010 HB 15-- Georgia Administrative Procedures Act; change certain
procedures; provide proposed rules ..................................... No Action in 2010 HB 16-- Electronic tracking device; location of person without
consent; prohibit ........................................................................................ 4593 HB 17-- Small Business and Jobs Protection Act of 2009; enact...... No Action in 2010 HB 18-- Small Business and Jobs Protection Act of 2010; enact...... No Action in 2010 HB 19-- Motor vehicles; wireless communication devices;
provisions............................................................................. No Action in 2010 HB 20-- Human Resources, Department of; policies or rules;
loans, grants and benefits; provisions.................................. No Action in 2010 HB 21-- Drivers' licenses; instruction permit and Class D;
mobile phones; prohibit use................................................. No Action in 2010 HB 22-- Safety belts; pickup trucks; rear seats of vehicles;
require .................................................................................. No Action in 2010

6362

INDEX

HB 23-- Motor vehicles; cell phones; text messaging; prohibit use .................................................................................................... 4869, 5392
HB 24-- Evidence; revise, supersede, and modernize provisions; provide definitions ............................................................................. 961, 1239
HB 25-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................. No Action in 2010
HB 26-- Recorded deeds; disclose inclusion or exclusion of mineral rights; require.......................................................... No Action in 2010
HB 27-- Kidnapping; change certain provisions ....................................... Prefiled Only
HB 28-- Kidnapping; change certain provisions ............................... No Action in 2010
HB 30-- Georgia Townships Act; enact............................................. No Action in 2010
HB 31-- Motor vehicles; traffic-control signal monitoring devices; repeal provisions...................................................... 1086, 1387, 1402
HB 32-- Death penalty; impose with unanimous verdict; provisions............................................................................. No Action in 2010
HB 33-- Religious Viewpoints Antidiscrimination Act; enact .......... No Action in 2010
HB 34-- Campaign contributions; filing campaign disclosure reports; change provisions ........................................................... Prefiled Only
HB 35-- Bonds; interest and dividends received on bond funds; provisions............................................................................. No Action in 2010
HB 36-- Georgia Bureau of Investigation; state-wide "Blue Alert" system; create; provisions ......................................... No Action in 2010
HB 37-- Parent Protection Act; enact ................................................ No Action in 2010
HB 38-- Microchip Consent Act of 2009; enact................................ No Action in 2010
HB 39-- Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................................................................... No Action in 2010
HB 40-- Recording of foreclosures and deeds; timely filing of deed; provisions ................................................................... No Action in 2010
HB 41-- Retirement and pensions; invest funds in companies producing racist or obscene lyrics; provide divestiture ....... No Action in 2010
HB 42-- Residential mortgage fraud; the offense; modify certain provisions............................................................................. No Action in 2010
HB 43-- Scrap metal processors; require photo identification of nonlicensed sellers; provisions ............................................ No Action in 2010
HB 44-- Budget Act; application of zero-based budgeting; provisions............................................................................. No Action in 2010
HB 45-- Elections and primaries; voter registration; proof of United States citizenship; provisions................................... No Action in 2010
HB 47-- Reckless conduct; assaults with intent to transmit HIV or hepatitis; increase penalty................................................ No Action in 2010
HB 48-- Local government; franchise fees; change provisions......... No Action in 2010

INDEX

6363

HB 51-- Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions .......................................................... 1086
HB 52-- Georgia Public Service Commission; certain costs; provisions............................................................................. No Action in 2010
HB 53-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................. No Action in 2010
HB 54-- Georgia Judicial Retirement System; survivors' benefits; provisions .............................................................................. 130, 221
HB 55-- Computerized record-keeping systems; clerks of superior courts; redacting social security numbers; provide ................................................................................. No Action in 2010
HB 58-- Income tax credit; certain volunteer firefighters; provide ................................................................................. No Action in 2010
HB 61-- Sales and use tax; second motor fuel tax; change certain provisions............................................................................. No Action in 2010
HB 62-- Cancelable educational loans; State Veterinary Education Board; provisions...................................................... 216, 840, 1083
HB 65-- Weight of vehicle and load; tow vehicle; maximum weight per axle; provide ...................................................... No Action in 2010
HB 66-- Municipal Option Sales Tax for Water and Sewer; enact ... No Action in 2010
HB 67-- Sales and use tax; food and beverages; suspend exemption............................................................................. No Action in 2010
HB 70-- Early care and learning; fingerprint records checks; require .................................................................................. No Action in 2010
HB 72-- Local government; county surveyors; provisions................ No Action in 2010
HB 73-- Civil trials; appointment of special masters; provide .......... No Action in 2010
HB 75-- Ad valorem tax; bona fide conservation use property; revise certain provisions ...................................................... No Action in 2010
HB 76-- Pedestrians; provide definitions; clarify legal activities...... No Action in 2010
HB 77-- Piedmont Judicial Circuit; create new superior court judgeship.............................................................................. No Action in 2010
HB 78-- Penal institutions; Department of Probation/Parole Community Based Supervision; create................................ No Action in 2010
HB 79-- Historical Georgia license plates; increase time period; provide ................................................................................. No Action in 2010
HB 81-- Human Resources, Department of; duty to furnish information; prohibit............................................................ No Action in 2010
HB 82-- Public officers and employees; establish Office of State Inspector General; provisions .............................................. No Action in 2010
HB 83-- Abandoned motor vehicles; define terms; provisions ......... No Action in 2010
HB 84-- Corrections, Department of; punishment for serious violent offenders; provide.................................................... No Action in 2010

6364

INDEX

HB 85-- Elections; nonpartisan; certain officials; provide by local law ............................................................................... No Action in 2010
HB 87-- Law enforcement officers; arrest; revise certain provisions............................................................................. No Action in 2010
HB 88-- Elections; nonpartisan; certain officials; provide ................ No Action in 2010
HB 89-- State employees' or board of regents' health insurance plan; Medicaid; require........................................................ No Action in 2010
HB 90-- General Assembly; standing and special committees; witnesses under oath; provide.............................................. No Action in 2010
HB 91-- Public authorities; conflicts of interest; prohibit ................. No Action in 2010
HB 92-- Motor vehicles; driving under the influence of alcohol; provisions............................................................................. No Action in 2010
HB 94-- Public utilities and transportation; electric company; provide definition................................................................. No Action in 2010
HB 95-- Ad valorem tax; notice of changes made; require ............... No Action in 2010
HB 96-- Georgia Free Enterprise and Antitrust Act of 2009; enact ..................................................................................... No Action in 2010
HB 97-- Sales and use tax exemption; certain school supplies; provide ................................................................................. No Action in 2010
HB 99-- Republic of Sudan; public retirement systems; investing funds; prohibit...................................................................... No Action in 2010
HB 102-- Alcoholic beverages; issuance of licenses; revise certain provisions............................................................................. No Action in 2010
HB 103-- Confederate Heritage and History Month; observe in April; annually ..................................................................... No Action in 2010
HB 104-- Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide.......................................... No Action in 2010
HB 105-- Emergency 9-1-1 systems; redefine certain terms............... No Action in 2010
HB 106-- Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions......................................... No Action in 2010
HB 107-- State Board of Locksmiths; create; provisions .................... No Action in 2010
HB 108-- Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ............................................... No Action in 2010
HB 109-- Cockfighting; punishments; provisions ............................... No Action in 2010
HB 110-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................. No Action in 2010
HB 111-- Sentencing and imposition of punishment; procedure; repeal certain provisions ............................................................................ 1520
HB 112-- Ad valorem tax exemption; property; provisions ................ No Action in 2010
HB 113-- Housing Authorities Law; certain past offenses; not disqualify applicants; provide.............................................. No Action in 2010

INDEX

6365

HB 115-- Distilled spirits; state license requirements; identifying information; provide ............................................................ No Action in 2010
HB 122-- Counties and municipalities; budget excess; searchable website; provisions .................................................................... 217, 601, 3465
HB 124-- Georgia Public Safety Training Center; training of elected members; require ..................................................................... 92, 1096
HB 125-- Municipal corporations; ante litem notice; change provisions............................................................................. No Action in 2010
HB 128-- Disabled veterans and blind persons; eligibility certificate; provisions................................................................................. 2307
HB 130-- Elections; nonpartisan; certain officials; provide ................ No Action in 2010
HB 131-- Elections; nonpartisan; tax receivers; provide..................... No Action in 2010
HB 132-- Elections; nonpartisan; solicitors-general; provide ............. No Action in 2010
HB 133-- Elections; nonpartisan; county commissioners; provide ..... No Action in 2010
HB 134-- Elections; nonpartisan; sheriffs; provide ............................. No Action in 2010
HB 135-- Elections; nonpartisan; clerks of superior court; provide.... No Action in 2010
HB 136-- Elections; nonpartisan; district attorneys; provide .............. No Action in 2010
HB 137-- Local option sales tax proceeds; distribution; change provisions............................................................................. No Action in 2010
HB 138-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................. No Action in 2010
HB 139-- Voter registration; proof of citizenship; provisions............. No Action in 2010
HB 140-- Georgia Bureau of Investigation; state-wide "Blue Alert" system; create............................................................ No Action in 2010
HB 142-- The Billy Foulke Seatbelt Act; enact................................... No Action in 2010
HB 144-- Tires; use of retreaded tires; change provisions .................. No Action in 2010
HB 146-- Aggressive driving; define the offense; provide.................. No Action in 2010
HB 148-- Georgia Trauma Care Network Commission; certain reports; certain funds; provisions......................................... No Action in 2010
HB 150-- General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations.................................... No Action in 2010
HB 151-- General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations.................................... No Action in 2010
HB 152-- State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations .................................................. No Action in 2010
HB 153-- State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations .................................................. No Action in 2010
HB 154-- Speed detection devices; clarify definition; provide ........... No Action in 2010
HB 155-- License to carry pistol or revolver; permanent license; provide ................................................................................. No Action in 2010
HB 158-- Public water systems; water usage among tenants; revise provisions .................................................................. No Action in 2010

6366

INDEX

HB 159-- Peace Officers; employment and training; require verification; provide............................................................. No Action in 2010
HB 161-- High school athletics; interscholastic competition; provisions............................................................................. No Action in 2010
HB 162-- Georgia Military College; eligible for HOPE grants; provide ................................................................................. No Action in 2010
HB 163-- Limitations on prosecutions; offenses of cruelty to children; provisions.............................................................. No Action in 2010
HB 164-- Bremen, City of; provide new charter ......................................................... 758
HB 165-- Teachers Retirement System of Georgia; creditable service in private school; provide ........................................ No Action in 2010
HB 166-- Bingo; define certain terms; veterans organizations; provisions............................................................................. No Action in 2010
HB 168-- Telecom Jobs and Investment Act; enact ................................. 300, 854, 2909, 3361
HB 169-- Georgia Geospatial Advisory Council; create ...................... 3021, 3031, 5960, 6024
HB 171-- Public records; exemptions to requirements for disclosure; provisions .......................................................... No Action in 2010
HB 172-- Employees' Retirement System of Georgia; disability benefits; provisions ............................................................................ 300, 3393
HB 174-- Abandoned motor vehicles; possessory liens; define certain terms......................................................................... No Action in 2010
HB 175-- Education; student scholarship organizations; repeal.......... No Action in 2010
HB 177-- Secondary metals recyclers; penalties for theft crimes; change provisions ................................................................ No Action in 2010
HB 180-- Public health and morals; tattooing near the eye; change certain provisions................................................................................. 318, 848
HB 182-- Firearms; discharge; counties or municipalities; provisions............................................................................. No Action in 2010
HB 183-- Georgia Trauma Hospital Support Act of 2009; enact ........ No Action in 2010
HB 185-- Chief Judge of the Court of Appeals; emergency powers; provisions ............................................................... No Action in 2010
HB 187-- Georgia Transportation Consolidation Act of 2009; enact ..................................................................................... No Action in 2010
HB 188-- Revenue and taxation; prepaid cigarette tax; provisions ..... No Action in 2010
HB 190-- Employees' Retirement System of Georgia; death benefit; clarify provisions .................................................... No Action in 2010
HB 191-- Georgia State Employees' Pension and Savings Plan; retirement computations; provisions.................................... No Action in 2010
HB 192-- Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund; provide ............................................................. No Action in 2010

INDEX

6367

HB 194-- Brand name drugs; substitute generic drugs; provisions ................. 2307, 3385
HB 196-- Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact......................................................... No Action in 2010
HB 197-- Consumer reporting agencies; identical report to consumer and creditor; require ............................................ No Action in 2010
HB 198-- Elementary and secondary education; kindergarten program; 810 hours per school year; provisions ................. No Action in 2010
HB 199-- Warrants for arrest; persons who may issue warrants; provisions................................................................................. 736, 1605, 5061
HB 201-- Safety belts; new school buses equipped; provide .............. No Action in 2010
HB 203-- Local government; bond proceeds; provide procedures......... 948, 1097, 1162, 1497, 3473, 4772, 4779
HB 204-- Sales and use tax; motor fuel sales; change certain provisions............................................................................. No Action in 2010
HB 205-- State purchasing; goods and services from correctional industries; revise certain provisions..................................... No Action in 2010
HB 206-- Georgia Agency Accountability Act; enact......................... No Action in 2010
HB 207-- Off-road vehicles; operating restrictions; change certain provisions......................................................................................... 3473, 5099
HB 208-- Educational programs; bilingual certification on high school diplomas; provide ..................................................... No Action in 2010
HB 209-- Vote; proof of identity; valid student identification; provide ................................................................................. No Action in 2010
HB 211-- Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide........ No Action in 2010
HB 213-- Criminal street gang activity; school safety zones; increase penalty.................................................................... No Action in 2010
HB 214-- Habeas corpus procedure; filing a writ; change certain provisions............................................................................. No Action in 2010
HB 215-- Graduating Everyone Matters Act; enact ............................ No Action in 2010
HB 218-- Fence, Automated Gate Contractors; create licensing board .................................................................................... No Action in 2010
HB 219-- Antifreeze; include aversive agent to render it unpalatable; provisions ........................................................................ 117, 182
HB 220-- Superior courts; issuing orders on motions; provisions....... No Action in 2010
HB 222-- Homestead exemption; disabled veterans; surviving spouses or minors; provide .................................................. No Action in 2010
HB 223-- Local government; public works bidding; health insurance; require................................................................. No Action in 2010
HB 224-- Peace Officers' Annuity and Benefit Fund; county jail officers; provisions .............................................................. No Action in 2010

6368

INDEX

HB 225-- Elections; handled by state registered voters; require ......... No Action in 2010
HB 230-- Nuisances; pentachlorophenal emission; provisions ........... No Action in 2010
HB 231-- Architects; practice of interior designers; clarify ............................ 2285, 3387
HB 232-- Agriculture Commissioner; trademark; create..................... No Action in 2010
HB 234-- Educational loans; service cancelable; State Veterinary Education Board; change certain provisions ....................... No Action in 2010
HB 235-- Court reports; publishing a volume of rules from the definition of reports; remove requirement........................... No Action in 2010
HB 236-- Georgia Government Accountability Act; enact ..................... 120, 1614, 2056
HB 238-- Water pollution control; sludge and water-waste systems; regulate.................................................................. No Action in 2010
HB 239-- Water pollution control; regulate surface water returns; county boards of health; change certain provisions............. No Action in 2010
HB 240-- Ad valorem tax; certain historical information; change certain provisions................................................................. No Action in 2010
HB 241-- Ad valorem tax; property; change certain provisions.......... No Action in 2010
HB 242-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority............ No Action in 2010
HB 244-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority........................ 3020, 3396
HB 246-- Juvenile proceedings; arrest and detention of accused children; risk assessment instrument; provisions ................ No Action in 2010
HB 247-- Ad valorem tax; homestead exemption; disabled veterans; provisions ............................................................. No Action in 2010
HB 249-- Public Retirement Systems Investment Authority Law; define certain terms; provisions................................................. 217, 604, 5061
HB 250-- Proposing amendments to state Constitution; hold a Convention; provisions ........................................................ No Action in 2010
HB 252-- Georgia Closing the Achievement Gap Commission; create .................................................................................... No Action in 2010
HB 253-- Mechanics and materialmen; contractor sign affidavit; verify pay; provide............................................................... No Action in 2010
HB 255-- Income tax credits; personal mass transportation expenses; provisions ............................................................ No Action in 2010
HB 256-- Safety belts; failure to use; recover costs incurred; provide ................................................................................. No Action in 2010
HB 257-- Cremation; preneed authorization; provide ......................... No Action in 2010
HB 258-- Driver's license; minor of disabled guardian; valid instruction permit; provisions ............................................... 4677, 5054, 5060, 5448, 5993
HB 259-- Firearms; training of licensed persons; provide................... No Action in 2010

INDEX

6369

HB 260-- Licenses; pistol or revolver; include photograph and current address; provide....................................................... No Action in 2010
HB 262-- Property; land covenants which prohibit certain xeriscape practices; prohibit ................................................ No Action in 2010
HB 263-- In-home services; employees; criminal background investigation; provide .......................................................... No Action in 2010
HB 264-- Conveyances; regulation of security conveyances; revise; provisions ................................................................. No Action in 2010
HB 266-- Technical College System of Georgia; retirement and pensions; provisions............................................................. No Action in 2010
HB 267-- Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions .................... No Action in 2010
HB 268-- Elections; superintendent establish polling places outside of boundaries; authorize.......................................... No Action in 2010
HB 269-- Income tax credit; caregiver expenses; revise and change .................................................................................. No Action in 2010
HB 270-- Income tax exemptions; custodial and noncustodial parents; revise and change certain provisions ..................... No Action in 2010
HB 271-- Sales and use tax; natural or artificial gas sales; provide phased-in exemption ............................................................ No Action in 2010
HB 272-- Sales and use tax; joint county and municipal; change certain provisions................................................................. No Action in 2010
HB 273-- Georgia Prescription Monitoring Program Act; enact......... No Action in 2010
HB 274-- Secondary metals recyclers; records of transactions; change certain provisions..................................................... No Action in 2010
HB 275-- Telephone service; unsolicited commercial facsimile messages; change certain provisions ................................... No Action in 2010
HB 276-- Coal mining; extracted by mountain top removal; prohibit purchase; provisions............................................... No Action in 2010
HB 277-- Transportation Investment Act of 2010; enact ..................... 1648, 1692, 4649, 4702
HB 278-- Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls .................. No Action in 2010
HB 279-- Quality Basic Education Act; guaranteed valuation school system; revise definition........................................... No Action in 2010
HB 281-- Georgia Virtual School Opportunity and Enrichment Act; enact ................................................................................ 596, 1162, 1220, 1500, 1537
HB 282-- Georgia Master Teacher Program; provide bonus; Distinguished Teacher Leader Certification; establish........ No Action in 2010
HB 285-- Misdemeanor offenders; reimbursement rates; change certain provisions................................................................. No Action in 2010
HB 286-- Licenses; handgun safety course; provide ........................... No Action in 2010

6370

INDEX

HB 287-- Speed detection devices; school zones; certain restrictions not apply............................................................ No Action in 2010
HB 288-- Self-employment Assistance Program; enact .............................................. 336
HB 289-- Courts; Georgia Courts Automation Commission; repeal.................................................................................... No Action in 2010
HB 290-- Minimum wage; increase; provide comprehensive reform................................................................................... No Action in 2010
HB 291-- Georgia's Antidiscrimination Act of 2009; establish........... No Action in 2010
HB 292-- Gambling; nonprofit organizations; noncash prizes; provisions............................................................................. No Action in 2010
HB 293-- Gambling; coin operated amusement machines; revise definitions .................................................................................................. 1522
HB 294-- Technical college or institution; legislative approval for creation or discontinuation; require ..................................... No Action in 2010
HB 295-- The Jail and Prison Reimbursement Act; establish ............. No Action in 2010
HB 296-- Highway work zones; speeding; change certain provisions............................................................................. No Action in 2010
HB 298-- Income tax; change certain definitions ................................ No Action in 2010
HB 299-- Sales and use tax; change certain definitions ............................................ 1507
HB 301-- State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia................................................................................. No Action in 2010
HB 303-- Child abuse reports; access to records; solicitorsgeneral; authorize....................................................................................... 5062
HB 305-- Insurance; group life policy coverage; remove participation requirement...................................................... 3473, 5052, 5059, 6087
HB 307-- Medicaid; federal financial participation; hospitals; impose fee .............................................................................. 1614, 1896, 2328
HB 309-- Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions .............. No Action in 2010
HB 311-- Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide....................................................... 3473
HB 316-- Local government storm water utility charges; exempt state government entities; provide ....................................... No Action in 2010
HB 317-- Motorcycles; provisions requiring protective headgear; exempt certain persons......................................................... No Action in 2010
HB 320-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority.......................... 331, 3402
HB 321-- Insurance Delivery Enhancement Act of 2009; enact .......... 2895, 4558, 5056, 5456, 5923

INDEX

6371

HB 323-- Death penalty cases; Supreme Court; pretrial proceedings; extend review period .................................................. 4875, 6123
HB 325-- Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require .................................................................................. No Action in 2010
HB 327-- Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate ............ No Action in 2010
HB 328-- Personal property; limit storage fees for nonconsensually towed vehicles; provisions ....................... No Action in 2010
HB 329-- Probated or suspended sentences; commission of felony offense; provisions........................................................................... 3474, 5102
HB 331-- Supreme Court and Court of Appeals; filing fees; change certain provisions..................................................... No Action in 2010
HB 332-- Board of examiners; expenses; change certain provisions............................................................................. No Action in 2010
HB 333-- Georgia Building Authority; exempt from certain sales and use tax; provisions..................................................................... 3490, 5369
HB 335-- Revenue and taxation; comprehensive revision of provisions; provide ............................................................... 4869, 5274, 5296, 5825, 5895, 6111, 6127
HB 336-- Quality Basic Education Act; testing windows for state assessments; provide............................................................ No Action in 2010
HB 337-- Public health system; career track program to recruit and retain nurses; require..................................................... No Action in 2010
HB 338-- Taxable net income; AmeriCorps payments and awards; provide deduction ................................................................ No Action in 2010
HB 339-- Mental health; competent adult to control directly or indirectly mental health care decisions; provisions ............. No Action in 2010
HB 340-- Property; prohibit sheriffs from turning out debtors or tenants in certain cases; provisions...................................... No Action in 2010
HB 341-- Special license plates; Purple Heart; provisions.................. No Action in 2010
HB 342-- Insurance; provide certain definitions; provisions............... No Action in 2010
HB 345-- Teachers Retirement System of Georgia; five years of service; vested benefit; provisions....................................... No Action in 2010
HB 346-- Prescription drugs; unused; health care facility; revise definition.............................................................................. No Action in 2010
HB 347-- Sales and use tax; sales price; change definition ............................. 1428, 1540
HB 348-- Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ..................... No Action in 2010
HB 350-- Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide ......................... No Action in 2010

6372

INDEX

HB 351-- Family-planning services; define certain terms; change certain provisions................................................................. No Action in 2010
HB 352-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................. No Action in 2010
HB 353-- Alcoholic beverages; Georgia Alcoholic Beverages Code; change certain provisions.......................................... No Action in 2010
HB 354-- Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles ............................................................... No Action in 2010
HB 355-- Tobacco products; excise tax; change certain provisions.... No Action in 2010
HB 356-- Sales and use tax; method of collecting local taxes; revise substantially............................................................... No Action in 2010
HB 357-- Court reporters; notice requirements regarding access; provisions..................................................................................................... 700
HB 359-- Sales and use tax; food sales to qualified food bank; extend exemption................................................................. No Action in 2010
HB 360-- Sales and use tax; credit card issuers; certain gas or fuel sales; authorize refunds........................................................ No Action in 2010
HB 361-- Safe Medications Practice Act; enact .................................... 1119, 1543, 3016
HB 362-- Eminent domain; condemnation of property; municipal or county approval; require.................................................. No Action in 2010
HB 363-- Georgia Trauma Care Network Commission; add a definition; revise certain provisions..................................... No Action in 2010
HB 365-- Sales and use tax; local option; transportation; special districts; provide .................................................................. No Action in 2010
HB 367-- State parks and recreational areas; boat shelters on High Falls Lake; provide for permits............................................ No Action in 2010
HB 369-- Pharmacy benefit manager; favor pharmacy prescription filling; provisions............................................. No Action in 2010
HB 370-- Ethics in government; file disclosure reports electronically; State Ethics Commission; provisions .......... No Action in 2010
HB 372-- State court proceedings; first time; death sentence; change certain provisions..................................................... No Action in 2010
HB 374-- Income tax; withholding tax; seller subject to documentation requirements; provide ......................................................... 587
HB 375-- Sales and use tax; obligation for payment by contractors; further define.................................................... No Action in 2010
HB 376-- Telecommunications competition; Access Transition Fund; implement .................................................................. No Action in 2010
HB 377-- Community Health, Department of; contracts; subject to open records act; provide..................................................... No Action in 2010
HB 380-- Indigent and elderly patients; change certain definitions .... No Action in 2010

INDEX

6373

HB 381-- Food; Georgia Food Act enforcement; change certain provisions............................................................................. No Action in 2010
HB 382-- State purchasing; free market competition; provide............................ 288, 600
HB 385-- State Commission on Family Violence; date which commission cease to exist; repeal........................................ No Action in 2010
HB 387-- Banking and finance; refund anticipation loans and checks; provide definitions .................................................. No Action in 2010
HB 389-- Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information........................................................................... No Action in 2010
HB 390-- Georgia Public Revenue Code; sale of tax receivables; provisions............................................................................. No Action in 2010
HB 391-- Sales and use tax; required textbooks for accredited postsecondary institutes; provide exemption....................... No Action in 2010
HB 392-- Plea discussions; guilty or nolo contendere; certain requirements; provisions.................................................................... 117, 1097
HB 396-- Drivers and drivers' licenses; change provisions.................. 3367, 4678, 4772, 4876, 5298, 5424, 5963, 6102
HB 397-- Brakes; surge brakes; update certain provisions.................. No Action in 2010
HB 398-- Mortgage lenders and brokers; escrow accounts; tax payments; provide method................................................... No Action in 2010
HB 399-- County boards of equalization; property overvalued for tax purposes; provide remedy .............................................. No Action in 2010
HB 400-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact......................................................................... 4921, 5340
HB 401-- Sales and use tax; off-premises human consumption; remove exemption................................................................ No Action in 2010
HB 402-- Season and bag limit; open seasons; change certain provisions............................................................................. No Action in 2010
HB 403-- Insurance; anatomic pathology services; provide definitions ............................................................................ No Action in 2010
HB 404-- Motor vehicles; taxicab and limousine; provide new definition.............................................................................. No Action in 2010
HB 405-- Income tax; qualified equipment that reduces energy or water usage; provide for tax credits..................................... No Action in 2010
HB 406-- Service delivery strategies; certain drinking water projects; funding limitation; provide exemption ................... 4876, 5421, 5827
HB 407-- Ad valorem tax; U.S. servicemembers killed in action; surviving spouses; increase homestead exemption.............. No Action in 2010
HB 408-- Agreement Among the States to Elect the President by National Popular Vote; enact............................................... No Action in 2010

6374

INDEX

HB 409-- Ad valorem tax; freeport exemption; change a definition.............................................................................. No Action in 2010
HB 411-- Insurance; group life policy insurance; remove participation requirement..................................................... No Action in 2010
HB 412-- Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize................................ No Action in 2010
HB 413-- Public Officers and Employees; condition of employment; prohibition requires residence; provide exception...................................................................................................... 751
HB 414-- Civil practice; stay of discovery; provide............................ No Action in 2010
HB 415-- Income tax; broadband or wireless telephone towers; tax credits; provisions .......................................................... No Action in 2010
HB 416-- Wildlife; use of certain drugs on wildlife; regulate ............. No Action in 2010
HB 417-- Insurance; dispute; material not in English; provisions............................. 5062
HB 418-- Property owners' associations; suspension of lot owners' payment obligations; provide .............................................. No Action in 2010
HB 419-- Income tax credit; certain clean energy property; change certain provisions..................................................... No Action in 2010
HB 420-- Handicapped persons; sport shooting ranges; wheelchair accessible; require ............................................. No Action in 2010
HB 421-- Governor; coastal areas of Georgia; drilling; provide ......... No Action in 2010
HB 422-- Uniform rules of the road; bicycles on sidewalks; local government; authorize ......................................................... No Action in 2010
HB 423-- State Board of Education; home study student; dual enrollment program; provide ............................................... No Action in 2010
HB 424-- Professions and business; review of regulatory entities; determine need for change; provide .................................... No Action in 2010
HB 425-- Sales and use tax; deduction of bad debts; change provisions............................................................................. No Action in 2010
HB 426-- Insurance; autism spectrum disorders; certain coverage; require .................................................................................. No Action in 2010
HB 428-- Human Resources, Department of; adopting a special needs child; financial assistance; provide............................ No Action in 2010
HB 429-- Family violence situations; protection for family pets; provide ......................................................................................................... 595
HB 430-- Constitutional Tender Act; enact ......................................... No Action in 2010
HB 431-- Elbert County; office of chief magistrate; nonpartisan elections; provide................................................................. No Action in 2010
HB 432-- Randolph County; Board of Education; organization and officers; provide ............................................................ No Action in 2010
HB 433-- Stalking; violating family violence court order; provide a definition ........................................................................... No Action in 2010

INDEX

6375

HB 435-- Georgia Technology Authority; certain sales and use tax; exempt........................................................................... No Action in 2010
HB 442-- Sales and use tax exemptions; eligible food and beverages; change certain provisions .................................. No Action in 2010
HB 443-- Cost-of-Living Tax Fairness Act; enact .............................. No Action in 2010
HB 445-- Clayton County; office of sheriff transition; provide .......... No Action in 2010
HB 446-- Taxation of motor vehicles; comprehensive revision; provide ................................................................................. No Action in 2010
HB 447-- Taxation of motor vehicles; comprehensive revision; provide ................................................................................. No Action in 2010
HB 448-- Sales and use tax exemptions; lottery tickets; repeal .......... No Action in 2010
HB 450-- Insurance companies; liability for refusal to pay covered loss; change provisions .......................................... No Action in 2010
HB 451-- Commercial code; Uniform Commercial Code; conforming amendments; adopt ................................................................ 3465
HB 454-- Driver clinics and programs; assessment fees for approved programs; increase ............................................... No Action in 2010
HB 456-- Secondary metals recyclers; provide definitions; metal theft; provisions ................................................................... No Action in 2010
HB 458-- Sales and use tax; collecting local taxes; revise substantially ......................................................................... No Action in 2010
HB 460-- Buildings and other structures; Section 8 Housing Choice Voucher Program; give notice; provide .................. No Action in 2010
HB 461-- Ad valorem tax; homestead exemption; provisions............. No Action in 2010
HB 462-- Ad valorem tax exemption; certain charitable institutions; revise and change............................................. No Action in 2010
HB 463-- Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions .......................... No Action in 2010
HB 465-- Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide .......... No Action in 2010
HB 466-- State income tax; federal reserve banks in Georgia shall not be exempt; provide ........................................................ No Action in 2010
HB 467-- Employees' Retirement System of Georgia; certain gender designation; change.................................................. No Action in 2010
HB 468-- Income tax; taxation of corporations; change certain provisions............................................................................. No Action in 2010
HB 469-- Sales and use tax; county and municipal; change certain provisions............................................................................. No Action in 2010
HB 470-- Municipal Option Sales Tax for Transportation; enact ....... No Action in 2010
HB 471-- Sales and use tax exemption; tangible personal property to government grantee; provisions....................................... No Action in 2010

6376

INDEX

HB 472-- Employees' Retirement System of Georgia; employer contributions; paid to counties; provide .............................. No Action in 2010
HB 474-- PeachCare for Kids Program; increase eligibility limit; provisions............................................................................. No Action in 2010
HB 478-- Municipal courts; judges to be attorneys; require........................................ 217
HB 479-- Sales and use tax exemption; certain regional information technology authorities; provide ....................... No Action in 2010
HB 480-- Taxation of motor vehicles; comprehensive revision; provisions............................................................................. No Action in 2010
HB 483-- Ad valorem tax; modernization and revisions of certain provisions; provide .............................................................. No Action in 2010
HB 486-- Superior Court Clerks' Retirement Fund of Georgia; not entitled credit to service after July 1, 2010; provisions............ 130, 222, 3468, 5337
HB 489-- Insurance; diagnosis and treatment of infertility; require coverage ............................................................................... No Action in 2010
HB 490-- General Assembly; committees; witnesses and documents; authorize ........................................................... No Action in 2010
HB 491-- Solid waste disposal facilities; surcharge; increase ............. No Action in 2010
HB 493-- Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions ............................ 4786, 5104
HB 494-- Drivers' licenses; driving while license suspended or revoked; change certain provisions ..................................... No Action in 2010
HB 497-- Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture.......................................... No Action in 2010
HB 498-- Ad valorem tax; foreclosure sales; determination of fair market value; provide .......................................................... No Action in 2010
HB 499-- Stone Mountain Memorial Association; certain property purchased; provide tax exemption ....................................... No Action in 2010
HB 500-- Sales and use tax; taxability of all telephone service; remove limitation................................................................. No Action in 2010
HB 501-- Educational programs; placement and promotion policies for grades one, two, four, six, and seven; provisions............................................................................. No Action in 2010
HB 503-- Teacher Access to Resources Act; enact ............................. No Action in 2010
HB 504-- Hazardous waste; disposition of certain medical sharps waste; provisions.................................................................. No Action in 2010
HB 505-- Sheriff's service fees; serving and dispossessing certain tenants and intruders; increase fees ..................................... No Action in 2010
HB 506-- Motor vehicles; period which late registration penalty not entered; provide ............................................................. No Action in 2010
HB 507-- Sales and use tax exemption; certain health information technologies; change certain provisions .............................. No Action in 2010

INDEX

6377

HB 508-- Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish ............................................................................... No Action in 2010
HB 510-- General Assembly; committees; issuance of subpoenas; provisions............................................................................. No Action in 2010
HB 511-- Georgia Crime Information Center; criminal records; change provisions ................................................................ No Action in 2010
HB 512-- Georgia Lottery Corporation; Board of Directors; revise composition.......................................................................... No Action in 2010
HB 513-- Motor fuel and road tax; inspections; definitions; change certain provisions..................................................... No Action in 2010
HB 514-- Judicial system; assignment of senior judges; provide for provisions ....................................................................... No Action in 2010
HB 515-- Municipal corporation; special district tax; create............... No Action in 2010
HB 516-- Industrialized buildings; comply with local ordinances and regulations; provisions .............................................................. 4877, 5245
HB 517-- Revenue and taxation; method of assessing real property; comprehensive revision.............................................................. 1087
HB 519-- Income tax credit; qualified water and energy efficient product expenses; provisions............................................... No Action in 2010
HB 520-- Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption..................................... No Action in 2010
HB 521-- Serious illness; system of prevention; add certain genetic conditions ................................................................ No Action in 2010
HB 522-- Peace officers; investigation of applicant's moral character; change certain provisions.................................... No Action in 2010
HB 523-- Prescription drugs; brand necessary indication applies to refills; provisions ............................................................. No Action in 2010
HB 524-- Education; compulsory attendance; provisions ................... No Action in 2010
HB 525-- Safety belts; passenger vehicles; change certain provisions............................................................................. No Action in 2010
HB 526-- Board of Nursing; periodic reports to General Assembly; provide ............................................................... No Action in 2010
HB 527-- Road systems; asbestos pipe; authorize procedures ............ No Action in 2010
HB 530-- Motor vehicles; regulate medium-speed vehicles; provisions............................................................................. No Action in 2010
HB 531-- Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions......................................... No Action in 2010
HB 532-- Speed detection devices; inadmissibility of evidence; remove restriction ................................................................ No Action in 2010
HB 533-- Drivers' licenses; examinations; only in English language; provide................................................................. No Action in 2010
HB 535-- Georgia Fire Safety; sale of novelty cigarette lighters; prohibit................................................................................. No Action in 2010

6378

INDEX

HB 536-- Family violence and stalking protective order registry; repeal article......................................................................... No Action in 2010
HB 537-- Charter schools; charter requirements; change a provision .............................................................................. No Action in 2010
HB 538-- Drivers' licenses; licensed defensive driving courses; provisions............................................................................................. 75, 1357
HB 540-- Elections; remove references to ballot cards; provisions ..... 3020, 4561, 4781, 5054, 5058, 5993, 6063
HB 542-- Public School Employees Retirement System; maximum allowable benefit; increase ................................................. 228, 302
HB 543-- Athletic trainers; athletic injury; amend definition.............. No Action in 2010
HB 544-- Records and hearings; sharing of confidential information; provide ............................................................ No Action in 2010
HB 545-- Commencement and service of civil actions; service of process; revise provisions .................................................... No Action in 2010
HB 546-- Retirement and pensions; Georgia Firefighters' Pension Fund; define certain terms; provisions ................................ No Action in 2010
HB 547-- Quality Basic Education Act; preparatory tests for college entrance exams; provide.......................................... No Action in 2010
HB 548-- Elections; conduct at polling places; text messaging or mobile devices; prohibit....................................................... No Action in 2010
HB 551-- Ethics in Government Act; filing campaign reports; change certain provisions..................................................... No Action in 2010
HB 554-- Drivers' licenses; suspended or revoked; clarify a defense ................................................................................. No Action in 2010
HB 556-- Economic Development, Department of; program to provide certain grants to small businesses; establish........... No Action in 2010
HB 558-- Annexation of territory; deannexation; repeal certain provisions............................................................................. No Action in 2010
HB 559-- Public Service Commission; election of members; provide ................................................................................. No Action in 2010
HB 560-- Contracting and bidding; health insurance for employees; provide .............................................................. No Action in 2010
HB 565-- Commission for the Blind and the Visually Impaired Act; enact ............................................................................. No Action in 2010
HB 566-- Blind Persons' Braille Literacy Rights and Education Act; enact ............................................................................. No Action in 2010
HB 567-- Juvenile proceedings; victims' participation; expand provisions.............................................................................. 1402, 1916, 3423, 4610
HB 568-- Public Service Commission; members shall represent entire state; provisions ......................................................... No Action in 2010

INDEX

6379

HB 569-- Elections; identification of campaign communications; provide certain requirements ............................................... No Action in 2010
HB 570-- Hunting; permits to kill deer; damage to crops; change certain provisions................................................................. No Action in 2010
HB 571-- Sexual offenders; classification; change and enact provisions................................................................................ 935, 1170, 3491, 5071
HB 572-- Drivers' licenses; felony offense demarcated on driver's license; provisions................................................................ No Action in 2010
HB 573-- Carrying weapons; school safety zones; provide punishment........................................................................... No Action in 2010
HB 574-- Stalking cases; protection orders; include animals; allow..................................................................................... No Action in 2010
HB 576-- Elementary and secondary education; mandatory attendance; revise certain provisions ................................... No Action in 2010
HB 578-- Wells and drinking water; permits to use ground water; change certain provisions..................................................... No Action in 2010
HB 579-- Contractors; eligibility for licensure; provide.................................. 3424, 4598
HB 580-- Venue; uniform venue provisions; provide ......................... No Action in 2010
HB 582-- Sexual offenses; minimum age for prosecution; mandate................................................................................ No Action in 2010
HB 585-- Black Market Cigarette Act; enact ...................................... No Action in 2010
HB 586-- Air facilities; procedure to acquire property for airport; provisions............................................................................. No Action in 2010
HB 587-- County boards of tax assessors; appeal of assessments; comprehensive revision ....................................................... No Action in 2010
HB 595-- Contractors; disclosures upon discovery of defect; provisions............................................................................. No Action in 2010
HB 597-- Water well contractors or drillers; inject surface water into floridan aquifer; change certain provisions .................. No Action in 2010
HB 599-- Gwinnett County; Board of Education; election of members; provide ................................................................ No Action in 2010
HB 600-- Prosecuting attorneys; state's rights to appeal in criminal cases; provisions.................................................... No Action in 2010
HB 601-- Courts; recusal of certain judges; provisions....................... No Action in 2010
HB 602-- State Public Safety Monitoring Act; establish..................... No Action in 2010
HB 603-- Game and fish; taking of nongame species; change certain provisions....................................................................................... 1207
HB 604-- Sale of malt beverages; consumption on and off the premises; provisions .................................................................................... 121
HB 605-- Transforming Transportation Investment Act; enact........... No Action in 2010

6380

INDEX

HB 606-- Animal protection; methods for euthanasia; training; provide ................................................................................. No Action in 2010
HB 609-- Private ways; grant up to 30 feet; provide ........................... No Action in 2010
HB 610-- Nurses; requirements for nursing education programs; revise .................................................................................... No Action in 2010
HB 611-- Sexual offenses; sexual assault against a person under care or supervision; provisions ............................................ No Action in 2010
HB 612-- Drivers' licenses; following a five-year revocation or suspension; certain conditions met; provisions ................... No Action in 2010
HB 613-- Counties and municipalities; nonexclusive franchise agreements; provisions ........................................................ No Action in 2010
HB 615-- Firearms; carrying of concealed weapons; revise laws; provisions............................................................................. No Action in 2010
HB 616-- Juvenile proceedings; admit general public to hearings; provisions............................................................................. No Action in 2010
HB 617-- Motorcycles; intersection controlled by traffic-control signal; provide for operation................................................ No Action in 2010
HB 619-- Probation; County and Municipal Probation Advisory Council; repeal creation ....................................................... No Action in 2010
HB 620-- State highway system; Roadside Enhancement and Beautification Council; change certain provisions .............. No Action in 2010
HB 621-- Income tax credit; 5 percent of federal Earned Income Credit claimed; provisions ................................................... No Action in 2010
HB 622-- County and Municipal Probation Advisory Council; certain limitations; clarify.................................................... No Action in 2010
HB 623-- Actions against the state; reduce cap on damages; provide ................................................................................. No Action in 2010
HB 625-- State House districts; election of Representatives; provisions............................................................................. No Action in 2010
HB 627-- Georgia Foreclosed Property Upkeep Act; enact ................ No Action in 2010
HB 628-- Brunswick-Glynn County; Joint Water and Sewer Commission; create.............................................................. No Action in 2010
HB 631-- Vehicles; all shall be driven on right side of roadway; certain exceptions; provide .................................................. No Action in 2010
HB 634-- Dropout Deterrent Act; enact............................................... No Action in 2010
HB 636-- Financial institutions; protection of aged or incapacitated adults; provisions........................................... No Action in 2010
HB 637-- Jefferson County Utilities Authority Act; enact .................. No Action in 2010
HB 640-- Regional commissions; change to regional development centers; revision of provisions ............................................. No Action in 2010
HB 641-- Gambling; pari-mutuel betting on horse and dog races; authorize............................................................................... No Action in 2010

INDEX

6381

HB 644-- Major Airport Operations Act; create.................................. No Action in 2010
HB 645-- Tax executions; collection of costs; change certain provisions............................................................................. No Action in 2010
HB 647-- University System of Georgia; report institutional profile information; require ................................................. No Action in 2010
HB 648-- Fulton County; Board of Commissioners; duties of chairperson; provide ............................................................ No Action in 2010
HB 649-- Quality Basic Education Formula; no voucher enforced unless funded by General Assembly; provide ..................... No Action in 2010
HB 650-- Retired teachers; speech-language pathologist; return full-time; provisions............................................................. No Action in 2010
HB 651-- Sexual offenders; information to schools on accessing registry; revise certain provisions................................................ 75, 161, 3465
HB 655-- Income taxes; net capital gains excluded from state taxable income; provide....................................................... No Action in 2010
HB 656-- Religious organizations; qualify as a self-insurer; provisions............................................................................... 1207, 2073, 4803
HB 661-- Alcoholic beverages; Regional Economic Assistance Projects; retail license; provide............................................ No Action in 2010
HB 663-- Nuisances and torts; product liability causes of actions; change provisions ................................................................ No Action in 2010
HB 664-- Redevelopment Powers Law; tax allocation increments; administrative body consent; provide.................................. No Action in 2010
HB 665-- Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions.................................................... 145, 201, 217, 730, 2893
HB 668-- Elementary and secondary education; local board reassign bullying student; authorize .................................... No Action in 2010
HB 669-- Outdoor sports activities; engaging while under the influence; prohibit................................................................ No Action in 2010
HB 671-- State offices; accrual of leave during a furlough period; provide ................................................................................. No Action in 2010
HB 673-- Financial institution; check cashing fee; not eligible to serve as state depository; provide ........................................ No Action in 2010
HB 674-- Bingo games; limits on amounts of prizes; remove ............ No Action in 2010
HB 675-- Polysomnography Practice Act; enact ................................. No Action in 2010
HB 676-- General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize ..... No Action in 2010
HB 677-- Lottery for education; prerequisites prior to employees receiving compensation; provide......................................... No Action in 2010
HB 679-- Violent offenders; good behavior credit days; provide ....... No Action in 2010

6382

INDEX

HB 680-- Education, Department of; develop model program for performing arts; provisions.................................................. No Action in 2010
HB 681-- Prescription drugs; substitution of generic drugs; change certain provisions..................................................... No Action in 2010
HB 683-- Municipal corporations; immunity from liability for damages; provisions............................................................. No Action in 2010
HB 684-- State government; public access to public records; revise and restate provisions................................................ No Action in 2010
HB 691-- Energy purchase; solar photovoltaic energy; exclude ......... No Action in 2010
HB 692-- Uniform rules of the road; securing live animals in motor vehicles; require ........................................................ No Action in 2010
HB 693-- Water pollution; Adopt a Water Body program; provide.... No Action in 2010
HB 694-- Georgia Sports Hall of Fame Authority; composition; revise .................................................................................... No Action in 2010
HB 697-- Lottery games; use of electronic and mechanical devices; limit use ................................................................. No Action in 2010
HB 698-- Elementary and secondary education; genetically modified or processed foods; prohibit use........................... No Action in 2010
HB 699-- Livestock; National Animal Identification System; no owner required to participate; provide................................. No Action in 2010
HB 700-- Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization ................................................................ No Action in 2010
HB 702-- Elderly persons; offense of cruelty includes exploitation; provisions ....................................................... No Action in 2010
HB 703-- School sites; acquiring and disposing; sale or conveyance; provisions............................................................. 229, 851, 2894, 3439
HB 704-- Local boards of education; establish policy to wear school uniforms; require ...................................................... No Action in 2010
HB 705-- College Park, City of; levy an excise tax; authorize.................................. 5262
HB 707-- Sales and use tax exemption; ammunition and ammunition components; provide ....................................... No Action in 2010
HB 708-- Controlled substances; food product bearing name of Schedule II substance; unlawful to sell ............................... No Action in 2010
HB 716-- Buildings; Section 8 Housing Choice Voucher Program; owner give notice; provide .................................. No Action in 2010
HB 717-- Local government; automatic extension of service delivery strategy agreements; provide ................................. No Action in 2010
HB 719-- Planning and Budget, Office of; tax expenditure review as part of budget report; require........................................... No Action in 2010
HB 727-- MARTA; administration or collection of retail sales and use tax; provide.................................................................... No Action in 2010

INDEX

6383

HB 729-- Delinquent child; protective order for victims of acts of delinquency; provisions ....................................................... No Action in 2010
HB 731-- Charlton County; nonpartisan elections; provide ................ No Action in 2010
HB 732-- Ware County, Board of Education; citizens right to address board; provide ......................................................... No Action in 2010
HB 733-- Charlton County; nonpartisan elections; provide ................ No Action in 2010
HB 736-- Elementary and secondary education; provide information concerning human papillomavirus; require ..... No Action in 2010
HB 738-- Law enforcement officers and agencies; quotas for purpose of raising revenue; prohibit .................................... No Action in 2010
HB 739-- Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide............... No Action in 2010
HB 740-- Retirement and pensions; election to participate in Regents Retirement Plan; revocable at will......................... No Action in 2010
HB 742-- Surgical or medical treatment; additional persons authorized to consent to treatment; provisions .......................................... 1085
HB 748-- Cartersville, City of; levy an excise tax; authorize.............. No Action in 2010
HB 750-- Bartow County; levy an excise tax; authorize ..................... No Action in 2010
HB 753-- Pike County; ad valorem tax; provide homestead exemption............................................................................. No Action in 2010
HB 758-- Educational programs; grants to encourage lengthening of school year; provide ........................................................ No Action in 2010
HB 759-- Income tax credit; citizenship expenses for low-income families; provisions.............................................................. No Action in 2010
HB 760-- Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize......................................................... No Action in 2010
HB 761-- Foreclosures; notice to occupant of impending sale; provide ................................................................................. No Action in 2010
HB 767-- Sales and use tax; firearms, ammunition, or both; provide exemption ............................................................... No Action in 2010
HB 768-- Income tax credits; qualified reforestation expenses; provisions............................................................................. No Action in 2010
HB 771-- Erosion and sediment control plan; implemented through separate contract; require ....................................... No Action in 2010
HB 772-- Garden City, City of; deannex property; provide ................ No Action in 2010
HB 774-- Human Resources, Department of; incidence and treatment options of autism; provide guidelines.................. No Action in 2010
HB 775-- Covington, City of; levy an excise tax; authorize................ No Action in 2010
HB 777-- DeKalb County; compensation of sheriff; change certain provisions................................................................. No Action in 2010
HB 779-- Macon, City of; levy an excise tax; authorize ..................... No Action in 2010

6384

INDEX

HB 780-- Elections; electronic voting systems; tabulate absentee votes when polls open; authorize......................................... No Action in 2010
HB 785-- Chief medical examiner; devote full time to duties and responsibilities of the office; require ................................... No Action in 2010
HB 788-- Animal protection; gas chamber to euthanize dogs and cats; prohibit ........................................................................... 714, 1188, 4555, 5257, 5423, 5994
HB 789-- Doraville, City of; Redevelopment Powers Law; authorize................................................................................. 3005, 3007, 4858
HB 790-- Doraville, City of; municipal elections; provisions.............. 3005, 3009, 4858, 5839
HB 792-- Uniform rules of the road; vehicles used to transport aggregate materials; clearly identify; require ...................... No Action in 2010
HB 800-- Albany-Dougherty County; consolidated and unified government; create............................................................... No Action in 2010
HB 804-- Bibb County; levy an excise tax; authorize ......................... No Action in 2010
HB 805-- Macon, City of; levy an excise tax; authorize ..................... No Action in 2010
HB 807-- Macon, City of; levy an excise tax; authorize ..................... No Action in 2010
HB 814-- Controlled substances; sentencing a person convicted of possession; clarify certain provisions .................................. No Action in 2010
HB 815-- Georgia State Indemnification Fund; "in the line of duty" includes commuting; provisions ................................ No Action in 2010
HB 817-- Georgia Judicial Retirement System; juvenile judges; provide ..................................................................................... 130, 1162, 1391
HB 818-- Rockdale County; Probate Court; change compensation provisions............................................................................. No Action in 2010
HB 819-- Firearms; possession of a license to carry; add persons to exemption ........................................................................ No Action in 2010
HB 820-- Prescription drugs; prescription information used for commercial purposes; prohibit ............................................ No Action in 2010
HB 821-- Criminal damage to property; first degree; change provisions............................................................................. No Action in 2010
HB 822-- Employees' Retirement System of Georgia; Office of Child Support Services; provisions ..................................... No Action in 2010
HB 823-- Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions................. No Action in 2010
HB 824-- Juvenile Burglary Prevention Act of 2010; enact................ No Action in 2010
HB 825-- Income tax; individual standard deductions; revise and change .................................................................................. No Action in 2010
HB 826-- Homeowner tax relief grants; appropriating funds; change manner and method ................................................. No Action in 2010

INDEX

6385

HB 827-- Highway employees; death or disability; indemnification; change provisions...................................... 1520, 1958, 4877, 5389
HB 828-- Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit ................................................... No Action in 2010
HB 829-- Quality Basic Education Act; early admission to kindergarten or first grade; provisions................................. No Action in 2010
HB 831-- State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects.......................................................................................... 219, 257, 332, 610, 840, 1389, 1491
HB 832-- Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service .................................................................................. No Action in 2010
HB 833-- Illegal and void contracts; make legislative findings; define certain terms; provisions........................................... No Action in 2010
HB 834-- Student immunizations; parent or guardian may exempt child; provide ....................................................................... No Action in 2010
HB 835-- Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide ................................................................................. No Action in 2010
HB 836-- Fannin County Water Authority Act; enact......................... No Action in 2010
HB 837-- Judicial Council of Georgia; include president and president-elect of the Council of Municipal Court Judges of Georgia; require................................................... No Action in 2010
HB 838-- Motor vehicles; license plate and tag registration suspension; provisions ......................................................... No Action in 2010
HB 839-- Public transportation; regulation; provide ........................... No Action in 2010
HB 840-- Privilege; confidentiality of communications between husband and wife; change certain provisions ..................... No Action in 2010
HB 842-- Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions.......................................................... 1083
HB 843-- Insurance; continuing care providers and facilities; extensively revise requirements........................................... No Action in 2010
HB 844-- Health care professionals; continuing education in cultural competency; require ......................................................................... 40
HB 845-- Professional counselors; foreign-born; temporary permits; provisions......................................................................................... 40
HB 846-- Phone cards; terms shall be disclosed at time of purchase; provide........................................................................................... 40
HB 847-- Agriculture; farm to school program to promote Georgia-grown products; provide.................................................................. 40

6386

INDEX

HB 848-- Elections; presidential preference primary; change date ............................... 40
HB 849-- Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide ........................................................................................................... 40
HB 850-- Hospitals and related institutions; assisted living communities; provisions ...................................................................... 40, 1519
HB 851-- Education; Teacher Loan Program; provide.................................................. 40
HB 852-- Used cars; nondisclosure of known defects by seller; provide penalty .................................................................................... 41, 1520
HB 853-- Tanning Facilities Regulation Act; enact ................................... 41, 207, 1421, 1906
HB 854-- Quality Basic Education Act; early admission into kindergarten or first grade; provisions........................................................... 41
HB 855-- Ethics in government; funds transferred from one candidate's campaign account to certain other accounts; limit amount......................................................................... No Action in 2010
HB 856-- Special license plates; protection of wild dolphins in Georgia; provide ............................................................................................ 41
HB 857-- Real and personal property; certain persons be granted first right to purchase property; provide ........................................................ 40
HB 858-- County law libraries; law library funds for judges and courts; payment of certain funds into county general fund; provisions ............................................................................ 40, 587, 842, 4921, 5254
HB 859-- Probationer duties; tolling of probated sentences; clarify provisions...................................................................................... 40, 117, 260, 2286
HB 860-- Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ............................................................................ 40
HB 861-- Deposit account fraud; definition of consideration; revise .................................................................................................... 40, 1440
HB 862-- Orthopedic Physician Assistant Act; enact.................................................... 40
HB 863-- Charitable solicitations; accounting; revise certain provisions.................................................................................. 40, 1390, 1577, 4803
HB 864-- Workers' compensation; hearing loss; hearing level frequencies; revise certain provisions............................................................ 40
HB 865-- State highway system; control of signs and signals; provide certain height limitations ............................................................ 39, 60
HB 866-- Physicians for Rural Areas Assistance Act; enact........................ 39, 60, 1119, 1599, 5062

INDEX

6387

HB 867-- Commission on Regional Planning; create; provide for membership and duties ........................................................... 40, 60, 287, 807, 4804
HB 868-- Sales and use tax; certain manufactured single-family structures; change manner and method.................................................... 40, 60
HB 869-- General Assembly; salary reduction of members; provide ............................................................................................. 48, 75, 158
HB 870-- Life, Liberty, and Property Restoration Act; enact ................................. 48, 75
HB 871-- Freedom from Compulsory Pandemic Act; enact ................................... 49, 75
HB 872-- Emergency Defense of the Home Act; enact........................................... 49, 75
HB 873-- Freedom of Choice and Security Act; enact ............................................ 49, 75 HB 874-- Dairy Consumer Choice Act; enact ......................................................... 50, 75
HB 875-- Right to Travel Act; enact........................................................................ 50, 75
HB 876-- Due Process Restoration Act; enact......................................................... 50, 75
HB 877-- State Authority and Federal Tax Funds Act; enact.................................. 50, 75
HB 878-- State Authority and Deposit Security Act; enact..................................... 51, 75
HB 879-- State Authority and Intrastate Commerce Act; enact .............................. 51, 75 HB 880-- State Authority and Anti-racketeering Act; enact ................................... 51, 75
HB 881-- Local government; bonds; clarify certain terms ...................................... 52, 75
HB 882-- Public schools; bullying; revise provisions ................................. Prefiled Only
HB 883-- Sanitary Activity for Food-Processing Enterprises (SAFE) Act; enact................................................................... 66, 91, 216, 274, 586, 932, 3424, 4627
HB 884-- Child molestation; aggravated child molestation; change definition...................................................................................... 52, 75
HB 885-- Magistrate courts; "Georgia Civil Practices Act"; provisions................................................................................................. 67, 91
HB 886-- Sexual offenses; sexual assault; change certain provisions................................................................................................. 52, 75
HB 887-- Labor; employer's civil immunity; provide ............................................. 67, 91
HB 888-- DeKalb School Board Transparency Act; enact.......................... Prefiled Only
HB 889-- Recognizance bonds; persons charged with certain crimes; limit ................................................................................ 87, 102, 1484, 1747, 4921, 5426, 6103
HB 890-- Public office; contributions to candidates; change provisions................................................................................................. 53, 75
HB 891-- Public officials; presents from lobbyists; change certain provisions................................................................................................. 53, 75

6388

INDEX

HB 892-- Georgia Fund for Judicial Campaigns Act; enforce provisions................................................................................................. 53, 75
HB 893-- Public officers and employees; ethical conduct and conflicts of interest; revise provisions ..................................................... 54, 75
HB 894-- Technical College System of Georgia; certain nonlapsing revenue; remove sunset provision....................................... 88, 102
HB 895-- Comprehensive state-wide water management planning; change certain provisions............................................................. Prefiled Only
HB 896-- Continuances; witness on active duty; change provisions................................................................................. 67, 91, 207, 274
HB 897-- Sexual offenses; assault against persons in custody; change certain provisions........................................................ 68, 91, 180, 301, 752, 1163, 1440
HB 898-- Driving under the influence; notice of conviction publication; change provisions ............................................. 88, 102, 207, 276, 5062
HB 899-- Foreclosure; change time for delivery of notice; provisions..................................................................................... Prefiled Only
HB 900-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; Board of Directors; change composition ................................... 266, 297
HB 901-- Repeat offenders; fourth felony offense punishment; change provisions ................................................................... 68, 91, 318, 800, 5063
HB 902-- Convention and Tourism Special District Act of 2010; enact ......................................................................................................... 54, 75
HB 903-- County and municipal tax levies; fund domed stadium; revise provisions ..................................................................... 54, 75, 587, 843, 2905, 3364
HB 904-- Quality Basic Education Act; distribution method for equalization grants; provisions ................................................................ 55, 75
HB 905-- Quality Basic Education Act; capital outlay funds; provisions................................................................................ 55, 75, 103, 176, 2286
HB 906-- Elementary and secondary education; annual contracts; temporarily extend deadlines .................................................. 55, 75, 103, 177, 1094
HB 907-- Quality Basic Education Act; organization of schools, programs, and scheduling; revise certain provisions.............. 56, 75, 103, 179, 4534, 5994
HB 908-- Quality Basic Education Act; certain expenditure controls; temporarily waive .................................................... 56, 75, 228, 280, 2328, 4603

INDEX

6389

HB 909-- Sexual offenders; Department of Education; accessing the registry; revise certain provisions ...................................................... 56, 75
HB 910-- Gender discrimination; Department of Education; annual gender equality reporting; remove requirements ........ 57, 75, 158, 244, 3421
HB 911-- Ethics; public officers; requirement to file and pay taxes; provisions ........................................................................ 589, 714, 1702
HB 912-- Lobbying practices; prohibit address to any General Assembly committee; provide ................................................................. 57, 75
HB 913-- Elections; nonpartisan; sheriffs; provide ................................................. 57, 75
HB 914-- License plates; space for county name decal; provide............................. 57, 75
HB 915-- Income taxes; taxable resident; change definition................................... 58, 75
HB 916-- Retirement ages; nullify application for retirement; provisions................................................................................ 58, 75, 130, 201, 2328
HB 917-- Uniform Interstate Depositions and Discovery Act; enact ........................................................................................ 58, 75, 298, 332, 700, 928
HB 918-- Sales and use tax; temporary increase; provisions .................................. 59, 75
HB 919-- Lobbyists; expenditure reporting; provisions .......................................... 59, 75
HB 920-- Ethics; campaign funds and contributions; provisions ............................ 68, 91
HB 921-- Georgia Peace Officer Standards and Training Council; administrative fees; clarify authority ....................................................... 69, 91
HB 922-- Therapy services; eligible for public assistance funding; provide ..................................................................................................... 69, 91
HB 923-- Quality Basic Education Act; salary schedules for certificated personnel; revise provisions ................................ 69, 91, 103, 180, 4537, 5981
HB 924-- Elections; county board of education members; nepotism restrictions; remove.................................................................. 69, 91
HB 925-- Mandatory education; unexcused absence notice sent by United States mail; provide ................................................... 70, 91, 587, 1038
HB 926-- Obligations of a bank; certain renewals or restructuring of loans; exempt...................................................................... 70, 91, 103, 160, 586
HB 927-- Public schools disciplinary tribunals; bullying; expand definition............................................................................... 70, 91, 318, 1119, 1205
HB 928-- Sales and use tax; lottery tickets; repeal exemption; provisions................................................................................................. 71, 91
HB 929-- Sales and use tax; lottery tickets; repeal exemption; provisions................................................................................................. 71, 91

6390

INDEX

HB 930-- Sales and use tax; lottery tickets; repeal exemption; provisions................................................................................................. 71, 91
HB 931-- Sales and use tax; lottery tickets; repeal exemption; provisions................................................................................................. 72, 91
HB 932-- Sales and use tax; lottery tickets; repeal exemption ................................ 72, 91
HB 933-- Sales and use tax; lottery tickets; repeal exemption ................................ 72, 91
HB 934-- Administrative Services, Department of; mandatory purchase agreements; provisions ............................................................. 72, 91
HB 935-- Georgia Commission on Reducing Poverty and Increasing Economic Security; create ................................. 88, 102, 717, 1484
HB 936-- Elementary and secondary education; school funding; new and refurbished school buses; enact provisions ............ 88, 102, 587, 718, 1084, 1416, 4899, 5931
HB 937-- Elections; county board of education members; provide limited exception.................................................................................... 89, 102
HB 938-- Motor vehicles; revocation of licenses; wireless telecommunication devices; prohibit use.................................... 89, 102, 1521, 1929, 2098
HB 939-- Grand juries; oath given to all witnesses; provisions ............................ 89, 102
HB 940-- Jaheem Herrera-Bianca Walton Safe School Climate Act; enact ............................................................................................... 90, 102
HB 941-- Food adulteration; Kosher foods; designate as reserved ............... 98, 116, 700
HB 942-- Sales and use tax; government contractor sales of overhead materials; extend sunset exemption ....................................... 98, 116
HB 943-- Education; public schools maintain recycling program; mandate.................................................................................................. 99, 116
HB 944-- Motor vehicles; use of wireless telecommunications devices; prohibit........................................................................... 99, 116, 1521
HB 945-- Uniform rules of the road; use of radios and mobile telephones; change certain provisions ................................................... 99, 116
HB 946-- Georgia taxpayer; certified new business income; provide exclusion................................................................................. 100, 116
HB 947-- Supplemental appropriations; State Fiscal Year July 1, 2009 - June 30, 2010................................................................... 100, 116, 298, 336, 795, 2331, 2895, 2905, 2999, 3470, 3558

INDEX

6391

HB 948-- General appropriations; State Fiscal Year July 1, 2010 June 30, 2011 ............................................................................ 100, 116, 2856, 3122, 3558, 4055, 4579, 4583, 4677, 5389, 5459
HB 949-- General Appropriations Act; State Fiscal Year 2009 2010; change certain appropriations.................................................... 100, 116
HB 950-- State Fiscal Year; July 1, 2010 - June 30, 2011; make and provide appropriations .................................................................. 100, 116
HB 951-- Sales and use tax exemption; certain school supplies; energy efficient products; provide ....................................................... 101, 116
HB 952-- Sales and use tax exemption; certain school supplies; provide ................................................................................................. 101, 116
HB 953-- Sales and use tax exemption; certain energy or water efficient products; provide ................................................................... 101, 116
HB 954-- Alimony; determining amount; not consider certain events; provide............................................................................ 109, 130, 700, 1186
HB 955-- Social services; Department of Community Health; provide health care benefits; authorize ................................................ 109, 130
HB 956-- Dismissal of appeals; may be dismissed if improperly filed; provide............................................................................... 110, 130, 736, 906
HB 957-- Pardons and paroles; restitution a condition of parole; provide ................................................................................................. 110, 130
HB 958-- Georgia Ports Authority; applicability of traffic laws and enforcement by security guards; provisions ........................ 110, 130, 737, 1125, 5063
HB 959-- Arcade, Town of; city council members; staggered terms of office; provide............................................................... 111, 130, 238, 239, 901
HB 960-- Georgia Defined Contribution Plan; make lump sum payment upon death; change ...................................................... 111, 130, 217, 718, 737, 1409
HB 961-- Maysville, City of; provide new charter ..................................... 111, 130, 238, 239, 1226
HB 962-- Income tax payment; refund checks; change provisions ..................... 111, 130
HB 963-- Ad valorem tax; returns of taxable real property; change certain provisions........................................................................ 112, 130, 229, 279, 4804
HB 964-- McIntosh County; vehicle registration period; repeal ................ 112, 130, 238, 240, 1762

6392

INDEX

HB 965-- Bicycles; operation on sidewalks; authorize local governments................................................................................ 112, 130, 701, 1363
HB 966-- Intradistrict transfers; permanent classroom space not include temporary buildings; provide.................................................. 112, 130
HB 967-- Ad valorem tax exemption of property; provide new owner with application; provisions...................................................... 113, 130
HB 968-- Transportation, Department of; public-private partnership for tunnel construction; prohibit ....................................... 113, 130
HB 969-- Retirement and pensions; comply with federal law; amend certain provisions ............................................................ 113, 130, 217, 304, 2286
HB 970-- Property boundaries; processioning; change certain provisions............................................................................................. 114, 130
HB 971-- Income tax payment; refund or waiver of de minimis overpayments and insufficiencies; provide ............................... 114, 130, 1428
HB 972-- Foreclosure; delivery of notice; change time; provisions.................... 114, 130
HB 973-- Magistrate courts; jurisdictional limit in civil claims; increase ...................................................................................... 115, 130, 1085
HB 974-- Peace Officers' Annuity and Benefit Fund; credible service for absence; provisions ................................................... 115, 130, 217, 333, 5063
HB 975-- Ad valorem tax exemption; full value of certain new construction; provisions....................................................................... 115, 130
HB 976-- Superior Court of Fulton County; Family Court Division; change project duration........................................................ 115, 130
HB 977-- Quality Basic Education Act; state funds for salary increase; prohibit......................................................................... 123, 144, 587, 801, 5063
HB 978-- Speed detection devices; name roads to be used; visible at 500 feet; repeal................................................................................. 124, 144
HB 979-- Assault and battery; penalties for aggravated assault on explorer; provide......................................................................... 124, 144, 753, 1195
HB 980-- Public officers and employees; school board members in bail bond business; modify provisions ................................... 124, 144, 229, 1641, 4804
HB 981-- Law enforcement vehicles; painted solid color; authorize...................................................................................... 124, 144, 326, 803, 4609, 5115

INDEX

6393

HB 982-- Revenue and taxation; administrative garnishment; comprehensive revisions............................................................. 125, 144, 949, 1192, 1229, 5067, 5227, 5354, 5824, 5854, 6002
HB 983-- Income taxes; expenses paid to captive factoring entities; disallow .................................................................................. 125, 144
HB 984-- Income taxes; levy or collection of local income taxes; prohibit........................................................................................ 125, 144, 587, 908, 2329
HB 985-- Income tax returns; contributions for education and multiple sclerosis; authorize ...................................................... 126, 144, 1428
HB 986-- Revenue and taxation; financial institutions; seizure of funds held; provisions.......................................................................... 126, 144
HB 987-- Gambling; prohibit cockfighting; provisions....................................... 126, 144
HB 988-- Driving; safe distance between vehicle and bicycle; provide ......................................................................................... 127, 144, 753
HB 989-- Health insurance plan; state employees; contract with various municipalities; authorize......................................................... 127, 144
HB 990-- Motor carriers; financial responsibility compatible with federal regulations; provisions.................................................... 127, 144, 753, 1367, 5064
HB 991-- Sales and use tax; county and municipal; distribution of proceeds; revise........................................................................... 127, 144, 229, 611, 4937, 5801, 5992
HB 992-- Income taxes; private security for residential neighborhoods; provide exemption ..................................................... 128, 144
HB 993-- Taxation; furnishings for accommodations; authorize ................ 128, 144, 754
HB 994-- Community Health, Department of; regulatory authority; revise provisions....................................................... 128, 144, 1119, 1409, 3421
HB 995-- School year; earliest start date; provide............................................... 129, 144
HB 996-- Ad valorem tax; heavy-duty equipment vehicles; change partial exemption to tax credit; provide .................................. 129, 144
HB 997-- Social Security Coverage Group; State Personnel Administration jurisdiction; provide........................................... 136, 157, 217, 334, 2893
HB 998-- Taxes; corporate net worth tax; repeal; provisions.............................. 136, 157
HB 999-- Health; portable medical orders; provide legislative intent .................................................................................................... 136, 157

6394

INDEX

HB 1000-- Seasons and bag limits; bears; change limits.............................. 137, 157, 287, 1098, 1389, 1729
HB 1001-- Income tax; certain qualified investments; income tax credit; provisions....................................................................... 137, 157, 1096, 1521
HB 1002-- Crimes and offenses; crimes against judges and court personnel; increase punishment .................................................. 137, 157, 736, 918, 4781, 5352
HB 1003-- Gambling; regulation and licensing of bingo; repeal provisions............................................................................................. 137, 157
HB 1004-- Identity theft; illegal for state to require social security or birth date as identification; provide................................................. 138, 157
HB 1005-- Motor vehicles; taxicab and limousine definitions; "In God We Trust" license plate decal; Zoo Atlanta; provide ...................................................................................... 138, 157, 1086, 1418, 4921, 5375
HB 1006-- Sales and use tax exemption; sales of seed, fertilizers, and feed; change provisions................................................................. 138, 157
HB 1007-- Property; sales to political subdivisions; maximum amount exempt; increase .......................................................... 139, 157, 1030, 1357, 1403, 1571, 5064
HB 1008-- Sales and use tax exemption; natural or artificial gas; continue................................................................................................ 139, 158
HB 1009-- Motor vehicles; prohibit law enforcement from using race or ethnicity; provisions................................................................. 139, 158
HB 1010-- South Georgia Regional Information Technology Authority; change certain provisions.......................................... 140, 158, 238, 240, 330
HB 1011-- Gambling; cruise ships may engage in lawful gambling while in transit; provisions........................................................... 140, 157, 229
HB 1012-- Special license plates; family of service members killed in action; expand definition ...................................................... 140, 157, 1485, 1620, 4954, 5821, 5992
HB 1013-- State government; revenue and taxation; educational purposes; change provisions ....................................................... 141, 157, 754, 1124, 4954, 5358
HB 1014-- Sales and use tax exemption; certain nonprofit volunteer health clinics; extend ........................................................... 141, 157
HB 1015-- Street gang terrorism and prevention; expand and change provisions ....................................................................... 141, 157, 318, 921, 2893

INDEX

6395

HB 1016-- Identity fraud; include businesses as potential identity theft victims; revise..................................................................... 141, 157, 174, 262, 3465
HB 1017-- Drivers' licenses; suspend Class M driving upon conviction; provisions.......................................................................... 142, 157
HB 1018-- Quality Basic Education Act; Love Is Not Abuse Curriculum; incorporate....................................................................... 142, 157
HB 1019-- State government; replacement permits, licenses, and identification cards; provisions................................................... 142, 157, 737, 1905, 4804
HB 1020-- Sales and use tax; county tax for educational purposes; revise ........................................................................................... 143, 157, 949, 1163, 1507, 1930
HB 1021-- Dangerous drugs; Salvinorin A; include................................... 143, 157, 1119, 1488, 3424, 4645
HB 1022-- Local Government Equipment Financing Authority Act; enact ..................................................................................................... 143, 158
HB 1023-- Jobs, Opportunity, and Business Success Act of 2010; enact ............................................................................................ 151, 174, 754, 1930, 2077, 2329
HB 1024-- Jobs, Opportunity, and Business Success Refund Act of 2010; enact........................................................................................... 152, 174
HB 1025-- Thomas County; board of elections and registration; create ........................................................................................... 152, 174, 238, 240, 331
HB 1026-- Ringgold, City of; corporate city limits; extend ......................... 152, 174, 326, 328, 1026
HB 1027-- State Ethics Commission; investigate conflict of interest violations; provisions........................................................................... 153, 174
HB 1028-- Ad valorem tax; forest land conservation use property; revise provisions ......................................................................... 153, 174, 229, 720, 3020, 4583
HB 1029-- Income taxes; state income tax for corporations; abolish.................... 153, 174
HB 1030-- Corrections, Department of; amend various titles; provisions.................................................................................... 154, 174, 257, 1650
HB 1031-- Elementary and secondary education; mandatory attendance; revise provisions ..................................................... 154, 174, 1433
HB 1032-- Elections; rotation of candidate names; provide.................................. 154, 174
HB 1033-- DNA analysis; persons arrested for felony offenses; provide ................................................................................................. 155, 174
HB 1034-- Corporations; registration with Secretary of State; require .................................................................................................. 155, 174

6396

INDEX

HB 1035-- Driver training; colleges offering courses; eliminate exception.............................................................................................. 155, 174
HB 1036-- Driver Services, Department of; measure effectiveness of online courses; provisions ............................................................... 156, 174
HB 1037-- Income taxes; portion of capital gains excluded; provisions............................................................................................. 156, 174
HB 1038-- Income tax credit; physicians providing indigent care services; provisions.............................................................................. 156, 174
HB 1039-- Outdoor watering; state-wide schedule; provisions............................. 156, 174
HB 1040-- Georgia Registered Professional Nurse Practice Act; certain health activities not require license; provisions............ 157, 174, 1440, 1954, 4581, 5094
HB 1041-- Tax digests; not approved by commissioner under certain conditions; eliminate....................................................... 170, 196, 754, 1420
HB 1042-- Dahlonega, City of, in the County of Lumpkin; special elections; provide........................................................................ 171, 196, 238, 241, 836
HB 1043-- Natural gas; Public Service Commission charge for gas used where poultry raised; provide...................................................... 171, 196
HB 1044-- Miller County; Board of elections; create .................................. 171, 196, 238, 241
HB 1045-- Berrien County; office of elected county surveyor; abolish......................................................................................... 171, 196, 238, 241, 901
HB 1046-- Family Court Division; project duration determined by Fulton County Superior Court majority; provide ..................... 172, 196, 1085, 1364
HB 1047-- Flow of traffic; minimum fine for impeding traffic flow; provide............................................................................... 172, 196, 701, 1470
HB 1048-- Conveyances; structures require certified termite and wood-destroying organism inspection; provide.................. 172, 196, 216, 599, 1083
HB 1049-- Sales and use tax; less than 1 percent tax to fund local projects; provisions .................................................................... 172, 196, 1507
HB 1050-- Real Estate Appraiser and Real Estate Appraisal Management Company Classification and Regulation Act; enact .................................................................................... 173, 196, 753, 1109, 4938, 5234
HB 1051-- Sales and use tax; authorize homestead option tax for education; provisions ........................................................................... 173, 196

INDEX

6397

HB 1052-- Electronic pretrial release and monitoring; surety for a bond; clarify provisions ....................................................................... 190, 216
HB 1053-- Solicitors-general; act during pendency of vacancy in office; provide........................................................................... 190, 216, 1401, 1562, 4938, 5953
HB 1054-- Public assistance; food stamp recipients may order food over Internet; provide................................................................... 191, 216, 317
HB 1055-- Fees; change amount; provisions................................................ 191, 216, 874, 1428, 1778, 3033, 3043, 3426
HB 1056-- County boards of health; ad hoc legislative oversight panels; establish ................................................................................... 191, 216
HB 1057-- Magistrate court clerks; General Assembly specify who serves as clerk; provide............................................................. 192, 216, 1219, 1549
HB 1058-- Seafood; possessing weakfish; change certain provisions.................................................................................... 192, 216, 287, 850
HB 1059-- Solid waste management; permits for handling, disposal, or treatment; change provisions................................. 192, 216, 1083, 1358, 1421, 1642, 5057, 5270, 5991
HB 1060-- Georgia Ports Authority; comprehensive revisions; provide ........................................................................................ 192, 216, 949, 1232, 4805
HB 1061-- Trauma Care Expansion Act of 2010; enact.............................. 193, 216, 1421
HB 1062-- Decatur, City of; corporate city limits; change.................................... 193, 216
HB 1063-- Avondale Estates, City of; corporate city limits; change .................... 193, 216
HB 1064-- School attendance; age of mandatory education; revise...................... 194, 216
HB 1065-- Sales and use tax; amount of tax exemptions; temporary reduction .............................................................................................. 194, 216
HB 1066-- Individual tax rates and tables; surcharge on certain income; provide ................................................................................... 194, 216
HB 1067-- Income taxes; temporary reduction of certain credits; provide ................................................................................................. 194, 216
HB 1068-- Income taxes; temporary reduction in certain credits; provide ................................................................................................. 195, 216

6398

INDEX

HB 1069-- Income tax; provide credits for equipment that reduces energy or water usage; low-income tax residents; provisions.................................................................................. 195, 216, 1428, 1546, 4969, 5223, 5297, 5425, 5854, 6058, 6088
HB 1070-- Special license plates; Alpha Kappa Alpha sorority; provide ................................................................................................. 195, 216
HB 1071-- Motor vehicles; limit charge for registration records; provisions............................................................................................. 196, 216
HB 1072-- Motor vehicle franchise practices; voluntary releases; provisions.................................................................................... 196, 216, 753, 1041, 3424, 4631
HB 1073-- Elections; absentee ballots to uniformed and overseas voters; provisions........................................................................ 209, 237, 751, 910, 2894
HB 1074-- Public Safety, Department of; Capitol Police Division; create; provisions ...................................................................... 210, 237, 1388, 1552, 4805
HB 1075-- Fayetteville, City of; Redevelopment Powers Law; authorize...................................................................................... 210, 238, 326, 328, 836
HB 1076-- Professions and businesses; licensing of contractors; repeal provisions .................................................................................. 210, 238
HB 1077-- Revenue and taxation; motor fuel excise tax; increase; provisions............................................................................................. 211, 238
HB 1078-- Juvenile proceedings; retired judge may perform marriage ceremonies; provide.............................................................. 211, 238
HB 1079-- Teacher certification; authorize additional payment methods; clearance certificates; provisions ................................ 211, 238, 799, 1129, 4941, 5432, 6101
HB 1080-- Catoosa County; board of utilities commissioners election; provide ......................................................................... 211, 238, 326, 328, 1445
HB 1081-- Georgia Crime Victims Emergency Fund; eligible persons file a claim; provisions ........................................................... 212, 238
HB 1082-- Ad valorem tax exemptions; freeport exemptions; revise provisions ......................................................................... 212, 238, 949, 1237, 5064
HB 1083-- General Assembly; members who fail to file state tax returns or default; provisions ..................................................... 212, 238, 1219
HB 1084-- Barbers; license to operate mobile barbershops; provide.................... 213, 238

INDEX

6399

HB 1085-- Reunification of family; additional case plan and permanency plan requirements; provisions ................................ 213, 237, 699, 1040, 3466
HB 1086-- Public records; teacher and school employee information; exempt from disclosure.......................................... 213, 237, 720, 799, 1494, 4805
HB 1087-- Air quality; emitting pentachlorophenol near schools; limitations; provisions.......................................................................... 213, 238
HB 1088-- Sales and use tax exemptions; fuel used where swine are raised; extend sunset ...................................................................... 214, 238
HB 1089-- Funston, City of; election and terms of mayor and councilmembers; provide............................................................ 214, 238, 326, 328, 1027
HB 1090-- Parks; Georgia Agrirama Development Authority; abolish; provide successor ........................................................ 214, 238, 1084, 1422, 2894
HB 1091-- Alcoholic beverage sales; subject to regulation by counties; provisions ............................................................................. 232, 256
HB 1092-- Georgia Sports Hall of Fame Authority; reconstitute governance; provisions ................................................................ 232, 256, 287
HB 1093-- Occupation taxes; county provide electronic information to Department of Revenue; provisions ................... 232, 256, 587, 599, 949, 1384, 5064
HB 1094-- Natural Resources, Department of; develop water conservation incentives; require ................................................. 233, 256, 831, 1055
HB 1095-- Death investigations; coroners cooperate with forensic laboratory; provisions ............................................................... 233, 256, 1440, 1623, 4805
HB 1096-- Sales and use tax; unidentifiable proceeds; distribution authority; revise ................................................................................... 234, 256
HB 1097-- Minimum school year; requirements of start date; provide ................................................................................................. 234, 256
HB 1098-- Milk and milk products; change certain provisions............................. 234, 256
HB 1099-- Sales and use tax; phase in deduction on motor fuels; provisions............................................................................................. 234, 256
HB 1100-- Quality Basic Education Act; include growth model; assign ratings; provisions.......................................................... 235, 256, 1084, 1433, 1483
HB 1101-- Workers' compensation; Self-insurers Guaranty Trust Fund; revise provisions............................................................... 235, 256, 736, 1098, 3017

6400

INDEX

HB 1102-- Sales and use tax exemptions; sale of property to nonprofit health centers; provide ......................................................... 235, 256
HB 1103-- Education; Professional Standards Commission; criminal background checks; provisions .................................... 236, 256, 719, 799, 1476, 4941, 5452
HB 1104-- Juvenile proceedings; change provisions; smash and grab burglary designated as felony; provide............................. 236, 256, 1440, 1951, 4610, 5048, 5059, 5093, 5288, 5440, 5960
HB 1105-- Watercraft held in inventory; exempt from taxation; provide ...................................................................................... 236, 256, 1428, 1612, 5065
HB 1106-- Animal protection; shelters scan for microchips prior to euthanasia; provisions............................................................... 251, 272, 1083, 1361, 2329
HB 1107-- Ignition interlock devices; install upon first conviction of violation; require ............................................................................. 252, 272
HB 1108-- Unruly children; zero tolerance policy on weapons in schools; change provisions .................................................................. 252, 272
HB 1109-- Property; municipal corporations grant conservation easements; authorize .................................................................. 252, 272, 1402
HB 1110-- Local boards of education; members employed by school system; prohibit .............................................................. 252, 272, 1433
HB 1111-- Public retirement or pension membership; public employment related crime; provisions................................................. 253, 272
HB 1112-- Georgia taxable net income; exclusion for military retirement income; provide.................................................................. 253, 272
HB 1113-- Public school tribunals; report expulsions for bringing weapons to school; provisions ............................................................. 253, 272
HB 1114-- Poll officers; Student Teen Election Participant program; provide.................................................................................. 254, 272
HB 1115-- Standard codes; small businesses provide water cooler or bottled water alternative; provisions ............................................... 254, 272
HB 1116-- General Assembly; unlawful to receive compensation from political subdivisions; provisions................................................ 254, 272
HB 1117-- State Board of Registration for Professional Engineers and Land Surveyors; executive director; provide....................... 255, 272, 318, 1554
HB 1118-- Child Support Recovery Act; IV-D agency support orders; change provisions ......................................................... 255, 272, 1085, 1234, 4806

INDEX

6401

HB 1119-- Georgia Arthritis Prevention and Control Act; enact ............... 255, 272, 1119, 1413, 4806
HB 1120-- Sales and use tax exemptions; property sale to nonprofit health centers; provisions..................................................................... 255, 272
HB 1121-- Quality Basic Education Act; state assessments tampering a misdemeanor; provisions ....................................... 256, 272, 1086
HB 1122-- Chamblee, City of; corporate city limits; change ....................... 267, 297, 326, 329, 1095
HB 1123-- Wayne County; levy excise tax; authorize ................................. 267, 297, 326, 327, 831, 833, 1227
HB 1124-- Driving under the influence; convicted have ignition interlock device installed; provisions .................................................. 267, 297
HB 1125-- Georgia Tourism Development Act; enact .......................................... 267, 297
HB 1126-- State Board of Pardons and Paroles; entirely incapacitated; clarify meaning ............................................................. 268, 297
HB 1127-- OneGeorgia Authority Act; share county boundaries; determine eligibility............................................................................. 268, 297
HB 1128-- Public property; writing off small amounts due to state; University System of Georgia; provisions.................................. 268, 297, 700, 1185, 3424, 4698
HB 1129-- Motor fuel tax; expiration date for exemption; extend........................ 269, 297
HB 1130-- Maximum class size; certain laws and requirements; temporarily suspend................................................................... 269, 297, 1084
HB 1131-- War on Terrorism Local Assistance Act; repeal certain provisions............................................................................................. 269, 297
HB 1132-- Quality Basic Education Act; criterion-referenced competency tests; eliminate ................................................................. 270, 297
HB 1133-- Pretrial intervention and diversion programs; administration fees; increase..................................................... 270, 297, 1402, 1639, 5826
HB 1134-- State and Local Public-Private Partnership Act of 2010; enact ............................................................................................ 270, 297, 948, 1459
HB 1135-- Transportation, Department of; enter into multiyear contracts; authorize ..................................................................... 271, 297, 754, 917, 4580
HB 1136-- Quality Basic Education Act; restore salary increases for certification; provisions.................................................................. 290, 325
HB 1137-- Occupation taxes; counties collect certain information with taxes; provisions .......................................................................... 291, 325
HB 1138-- Revenue and tax; define Internal Revenue Code; incorporate federal law ............................................................. 291, 325, 1220, 1455, 3017

6402

INDEX

HB 1139-- Ad valorem tax; notice of changes in taxpayers' returns; change provisions ..................................................................... 291, 325, 1087, 1615
HB 1140-- Alcovy, Atlanta, and Brunswick judicial circuits; dates of terms; change........................................................................ 291, 325, 1401, 1558, 4806
HB 1141-- Elections; number of signatures for ballot access; reduce................................................................................................... 292, 325
HB 1142-- Putnam County; board of elections and registration; create ........................................................................................... 292, 325, 752, 755, 1533
HB 1143-- Revenue and tax; motor fuels exemptions; change provisions............................................................................................. 292, 325
HB 1144-- Juvenile proceedings; detention; change provisions .................. 293, 325, 878, 1426
HB 1145-- Income tax; tax credit for new freight rail infrastructure and locomotive property; provisions ................................................... 293, 325
HB 1146-- Criminal offenses; cruelty to animals; revise provisions..................... 293, 325
HB 1147-- Special liens on personalty; eliminate aircraft liens; provisions.................................................................................. 294, 325, 1219, 1591, 5055, 5366
HB 1148-- Property value moratorium; additional nonapplicability; provisions............................................................................................. 294, 325
HB 1149-- Sales and use tax exemptions; reusable grocery bags; provide ................................................................................................. 294, 325
HB 1150-- Retirement and pensions; Georgia Firefighters' Pension Fund; define terms ...................................................................... 295, 325, 737, 1358, 1434, 1584, 3017
HB 1151-- St. Marys, City of; ad valorem tax; municipal purposes; homestead exemption; provisions............................................... 295, 325, 752, 756
HB 1152-- License to carry handgun; persons complete handgun safety course; provisions...................................................................... 295, 325
HB 1153-- Public health and morals; offense of cruelty to animals; change provisions ...................................................................... 295, 325, 1402
HB 1154-- Influenza vaccine; revise definition............................................ 296, 325, 806, 936, 3021, 4581
HB 1155-- Prenatal Nondiscrimination Act; enact..................................... 296, 325, 1086, 1098
HB 1156-- Temple, City of; provide new charter......................................... 320, 595, 752, 756, 2285, 2861

INDEX

6403

HB 1157-- Broxton, City of; city attorney and municipal court judge qualifications; provide ...................................................... 321, 595, 752, 756, 1227
HB 1158-- Ad valorem tax; collection of levy administration fees; change provisions ................................................................................ 321, 595
HB 1159-- Adoption records; nonidentifying medical information open to certain persons; provide ................................................ 321, 595, 1520
HB 1160-- Criminal offense; increase value of items sold to political subdivisions; provisions ........................................................ 321, 595
HB 1161-- Macon-Bibb, Georgia; provide unified government .................. 322, 595, 961, 963
HB 1162-- Retirement and pensions; fund investing employee; no salary bonus; provisions....................................................................... 322, 595
HB 1163-- Employment Security Law; develop drug testing program for unemployment; provisions .............................................. 322, 595
HB 1164-- Peace officers; designation for training; provisions .................. 323, 595, 1520
HB 1165-- Sunset revisions; repeal automatic expiration; provisions.................................................................................. 323, 595, 1388, 2065
HB 1166-- Campaign contributions; person of an insurance corporation; not make contribution; provisions......................... 324, 595, 1401
HB 1167-- Sales and use tax; temporary increase; provide................................... 325, 595
HB 1168-- State government; pari-mutuel wagering or betting on horse racing; provisions ....................................................................... 590, 714
HB 1169-- Cadwell, Town of; provide new charter ..................................... 590, 714, 752, 757, 1227
HB 1170-- Medical assistance; health organizations providing service under Medicaid; repeal tax exemption ........................... 590, 714, 854, 1147, 1490, 3421
HB 1171-- Bonds for good behavior; application and notice for show cause hearing; provisions ........................................................... 591, 714
HB 1172-- Magistrate court clerk; superior court clerk serve when not provided by law; provisions .......................................................... 591, 714
HB 1173-- Local government; code enforcement boards; provide definitions ............................................................................................ 591, 714
HB 1174-- Public roads; regulate oversize and overweight loads; provisions.................................................................................. 592, 714, 1440, 1624, 4806
HB 1175-- Wildlife; quality deer management program permits; provisions............................................................................................. 592, 714
HB 1176-- Fannin County Water Authority Act; enact................................ 592, 714, 752, 757, 1227
HB 1177-- Georgia Kosher Food Consumer Protection Act; enact ...................... 592, 714

6404

INDEX

HB 1178-- Surgical or medical treatment; nourishment or hydration; provisions ........................................................................... 593, 714
HB 1179-- Influenza vaccinations; hospitals offer annually to employees; require...................................................................... 593, 714, 806, 937, 3425, 4643
HB 1180-- Income tax; public safety income not subject to tax; provisions............................................................................................. 594, 714
HB 1181-- Criminal procedure; change the term victim to the term accuser; provide ................................................................................... 594, 714
HB 1182-- Public Service Commission; regulate private emergency warning point to multipoint systems; provisions................................. 594, 714
HB 1183-- Sexual offenses; gender neutrality in incest offense; provide ....................................................................................... 594, 714, 1440
HB 1184-- Health insurance; offer individual accident and sickness policies approved in other states; provisions ............................ 703, 750, 1519, 1930, 2105
HB 1185-- Wild animal licenses; noncommercial and educational; provide ................................................................................................. 704, 750
HB 1186-- Ad valorem tax exemption; certain public-private transportation projects; provisions............................................ 704, 750, 1087, 1376, 5065
HB 1187-- Hunting and fishing licenses; military veteran entitled to honorary license; provide ................................................................ 704, 750
HB 1188-- Revenue and taxation; appoint special agents of Department of Revenue; provide................................................ 704, 750, 949, 1193, 1230
HB 1189-- Governmental office abuse; malfeasance offense; provide ................................................................................................. 705, 750
HB 1190-- Ad valorem tax; annual notice of changes in tax returns; provide ................................................................................................. 705, 750
HB 1191-- Encumbered property; recording, payment, and distribution of tax; change provisions....................................... 705, 751, 1087, 1378, 4807
HB 1192-- Real estate transfer tax; property in more than one county; change provisions ........................................................ 706, 751, 1087, 1380, 4807
HB 1193-- Fee provisions; fee remittance for processing United States passports; change............................................................. 706, 751, 1219
HB 1194-- Family and children services; outsource certain duties; provide ........................................................................................ 706, 719, 751, 1357, 1583

INDEX

6405

HB 1195-- Labor and industrial relations; Georgia Workforce Investment Board; Governor's Office of Workforce Development; create ................................................................. 706, 751, 1401, 2112, 4954, 5220, 5297, 5348, 5457, 6058, 6126
HB 1196-- Buildings; no building code require fire sprinklers in single-family dwelling; provide.................................................. 707, 751, 840, 1218, 1463, 4807
HB 1197-- Morrow, City of; levy excise tax; authorize ............................. 707, 751, 1505, 1702, 1705, 3017
HB 1198-- Income tax; taxable nonresident; change definition ................. 707, 751, 1507, 1751, 4603, 4975, 5059, 5130, 5289, 5959, 6109
HB 1199-- Natural Resources, Department of; authority to arrange volunteer services; change provisions ........................................ 707, 751, 831, 1164, 1390, 1595, 4807
HB 1200-- Local boards of education; solicit and accept donations for field trips; authorize ............................................................ 708, 751, 1433, 1610, 5065
HB 1201-- Sexual offenses; rape include both genders; change definition.............................................................................................. 708, 751
HB 1202-- Income tax credit; unused conservation tax credits; provisions............................................................................................. 708, 751
HB 1203-- Service strategy development; fees collected offset certain costs; provisions....................................................................... 709, 751
HB 1204-- Income tax credit; job creation; provisions ......................................... 709, 750
HB 1205-- Teacher sick and personal leave; compensate for furlough days; provisions .................................................................... 709, 750
HB 1206-- Water well standards; require contractor license under geologist or engineer direction; change provisions .................. 710, 750, 1402, 1589, 4808
HB 1207-- Retirement; include unlawful acts to mandatory uniform assessments; provide.............................................................. 710, 750
HB 1208-- Theft offense; designated disaster area; provide ................................. 710, 750
HB 1209-- Mortgage lenders and brokers; notice to customers of flood plain; provide.............................................................................. 710, 750
HB 1210-- Bryan County; Board of Commissioners prescribe time, place, and dates for meetings; provide ....................................... 711, 750, 961, 1020, 1763

6406

INDEX

HB 1211-- Troup County; Redevelopment Powers Law; authorize............. 711, 751, 961, 1020, 1533
HB 1212-- LaGrange, City of; Redevelopment Powers Law; authorize...................................................................................... 711, 751, 961, 1022, 1533
HB 1213-- LaGrange, City of; levy excise tax; authorize .......................... 712, 751, 1506, 1702, 1705, 2307
HB 1214-- Troup County; levy excise tax; authorize................................. 712, 751, 1506, 1702, 1706, 2308
HB 1215-- Elections; use of direct recording electronic voting systems and machines; eliminate......................................................... 712, 751
HB 1216-- State administrative provisions; interest rate for refunds and past due taxes; change provisions ................................................. 712, 751
HB 1217-- Sales and use tax exemptions; vending machine food and beverages; provide ........................................................................ 713, 751
HB 1218-- Transportation Investment Act of 2010; enact .......................... 713, 751, 1434
HB 1219-- Income tax; change certain definitions ...................................... 740, 830, 1507
HB 1220-- Condominium compliance; association prohibit display of for sale sign; prevent ....................................................................... 741, 830
HB 1221-- Sales and use tax; streamlined sales tax purposes; provide comprehensive revision ............................................... 741, 830, 1522, 1959, 4610, 4979, 5060, 5070, 5234, 5362, 5730
HB 1222-- Ad valorem tax; change certain definitions ......................................... 741, 830
HB 1223-- State Employees' Assurance Department; group term life insurance; provisions ..................................................................... 741, 830
HB 1224-- Drivers' licenses; defense for drivers; no vision condition restriction; provide.................................................... 742, 830, 1086, 1236, 3422
HB 1225-- Western Area Regional Radio System Authority; Coweta County; government of authority .................................. 742, 830, 961, 1022, 1445
HB 1226-- Motor vehicles; temporary registration of certain vehicles; provisions.............................................................................. 742, 830
HB 1227-- Sales and use tax; sales tax on high school or college athletic event tickets; provisions.......................................................... 742, 830
HB 1228-- Foreclosure; allow right of redemption of mortgages; provisions............................................................................................. 743, 830
HB 1229-- Georgia Crime Information Center; fingerprint searches for certain applicants; authorize........................................................... 743, 830
HB 1230-- Jared Little Act; enact .......................................................................... 743, 830

INDEX

6407

HB 1231-- Uniform rules of the road; clarify proper execution of a left turn; fleeing or eluding a police officer; modify certain conditions...................................................................... 744, 830, 1387, 1390, 1573, 4954, 5997
HB 1232-- Students; parent conferences for failing grades; provisions............................................................................................. 744, 830
HB 1233-- Georgia Public Service Commission; certain costs charged to involved utility; provisions ..................................... 744, 830, 1084, 1164, 1389, 1559, 1649, 1738, 4808
HB 1234-- State Transportation Board; members term of office; limit .............................................................................................. 745, 830, 948
HB 1235-- Anatomical gift; absence of intent to make gift constitutes refusal; specify................................................................... 745, 830
HB 1236-- Municipal Courts; judges be attorneys; require........................ 745, 830, 1219, 1472, 4955, 5357
HB 1237-- Retirement; Title 47; correct errors and omissions of the Official Code of Georgia Annotated......................................... 745, 830, 1087, 1383
HB 1238-- Georgia Firearms Freedom Act; enact................................................. 746, 830
HB 1239-- Georgia Tourism Job Creation Act; enact ........................................... 746, 830
HB 1240-- Sales and use tax; determine addresses using ZIP Codes; provide ........................................................................... 747, 830, 1507
HB 1241-- Income tax; order of credits applied on taxpayer's return; provisions ................................................................................. 747, 830
HB 1242-- Ethics; State Transportation Board members are public officers; provide........................................................................ 747, 830, 1084, 1902
HB 1243-- Currency transactions; fee for wire transmitted money received; provisions ............................................................................. 747, 830
HB 1244-- Sales and use tax; change certain definitions ...................................... 748, 830
HB 1245-- Sales and use tax; audits of books of accounts; provide...................... 748, 830
HB 1246-- Sales and use tax; tax applicability to outdoor advertising; provide ............................................................................. 748, 830
HB 1247-- Income tax; film, video, or digital productions; revise credit .................................................................................................... 749, 830
HB 1248-- Vehicle fees; ad valorem fee payment at time of annual fee; provide .......................................................................................... 749, 830
HB 1249-- Ad valorem tax exemption; businesses providing new jobs; provisions ......................................................................... 749, 830, 1130, 1232

6408

INDEX

HB 1250-- Registered nurses and physicians assistants; protocol agreement; provisions .......................................................................... 817, 897
HB 1251-- Georgia Tourism Development Act; enact ............................... 818, 897, 1433, 1522, 2067, 5066
HB 1252-- Transit Governance Study Commission; create .................................. 818, 897
HB 1253-- Georgia Election Code; general elections held in years specified by law; provide........................................................... 818, 897, 1389
HB 1254-- Pooler, City of; mayor and councilmembers; four-year terms; provide ............................................................................. 818, 897, 961, 1022, 1763
HB 1255-- Gainesville, City of; ad valorem taxes; educational purposes; provide homestead exemption.................................... 819, 897, 961, 1022, 1445
HB 1256-- Sexual offenses; minimum age to prosecute prostitution and masturbation for hire; mandate ..................................................... 819, 897
HB 1257-- Elections; require candidates to file nomination petitions for ballot access; remove ...................................................... 819, 897
HB 1258-- State Financing and Investment Commission; powers to meet requirements; provide ...................................................... 820, 897, 1083, 1235, 2894, 4625
HB 1259-- Georgia Employer and Worker Protection Act of 2010; enact ..................................................................................................... 820, 897
HB 1260-- Service delivery regions; applicability of regions; revise a provision................................................................................. 820, 897, 1087, 1414, 5066
HB 1261-- Hogansville, City of; levy excise tax; authorize......................... 821, 897, 961, 1023, 5262
HB 1262-- Hogansville, City of; Redevelopment Powers Law; authorize.................................................................................... 821, 897, 1071, 1148, 1154, 5262
HB 1263-- Insurance; payment or reimbursement of oral chemotherapy; provide definitions ...................................................... 821, 897
HB 1264-- Juvenile Justice, Department of; collect medical insurance reimbursement; authorize .................................................... 821, 897
HB 1265-- Penal institutions; types of insurance coverage jails may reimburse; clarify....................................................................... 822, 897, 1521
HB 1266-- Georgia Tourism Development Act; enact .......................................... 822, 897
HB 1267-- Timber; penalty for converting timber; change ................................... 822, 897
HB 1268-- Insurance; time periods and eligibility for continuation coverage; revise ........................................................................ 823, 897, 1519, 1769, 4787, 5944, 6126

INDEX

6409

HB 1269-- Alcoholic beverages; caffeinated alcoholic beverages; prohibit....................................................................................... 823, 897, 1390
HB 1270-- Game and fish; certain licenses for exotic game; define terms..................................................................................................... 823, 897
HB 1271-- Georgia Commercial Mortgage Fraud Act; enact; provisions............................................................................................. 823, 897
HB 1272-- Income tax returns; make contributions for lupus, multiple sclerosis, and kidney disease and general welfare of the state; authorize................................................... 824, 897, 1428, 2120, 5058, 5249
HB 1273-- Special license plates; Lupus Foundation of America; provide ................................................................................................. 824, 897
HB 1274-- Towing firms; only impound in facility open 24 hours a day, every day; provide........................................................................ 824, 897
HB 1275-- Wayne County Industrial Development Authority; number of board directors; increase ........................................... 825, 897, 961, 1023, 1445
HB 1276-- Student assessment program; temporary waiver if insufficient funds appropriated; provide.............................................. 825, 897
HB 1277-- Labor and industrial relations; unlawful to discriminate because of credit history or report; provide......................................... 825, 897
HB 1278-- Revenue and tax; revenue enhancement and tax relief; comprehensive provisions.................................................................... 825, 897
HB 1279-- Legislative Counsel, Office of; softbound volumes of Georgia Laws; repeal certain requirements .............................. 826, 897, 1219, 1468, 3021
HB 1280-- Animals; dangerous and vicious dogs; revise provisions.................... 884, 960
HB 1281-- Decatur County; board of commissioners; voting and removal from office; change provisions ................................... 885, 960, 1085, 1090, 1446
HB 1282-- Leary, City of; provide new charter.......................................... 885, 960, 1085, 1090, 1446
HB 1283-- State government; budget units to review and modify user fees collected; provide ...................................................... 826, 897, 1084, 1891
HB 1284-- Planning and Budget, Office of; maintain record of user fees collected; provide for publication ..................................... 826, 897, 1084, 1893, 3425, 4558, 4678, 5048, 5058, 5348, 5458
HB 1285-- Bibb County; levy excise tax; provide...................................... 885, 960, 2295, 2857, 2859, 4855

6410

INDEX

HB 1286-- Macon, City of; levy excise tax; provide.................................. 886, 960, 2295, 2857, 2860, 4855
HB 1287-- Public road and street abandonment; counties and municipalities remove roads; authorize ............................................... 886, 960
HB 1288-- Jonesboro, City of; levy excise tax; provide............................. 886, 960, 1506, 1702, 1706, 3018
HB 1289-- Contractors; misdemeanor for failure to pay for services; provide .................................................................................. 886, 960
HB 1290-- Electronic Security and Targeting of Online Predators Act (E-STOP); enact............................................................................ 887, 960
HB 1291-- Penal institutions; reimburse jails for medical expenses; clarify types of insurance........................................................... 887, 960, 1519
HB 1292-- Colquitt County Family Connection Collaborative on Children and Families; change membership............................. 887, 960, 1085, 1090, 1446
HB 1293-- Correctional institutions; reimbursement for psychotropic medications; provide ...................................................... 887, 960
HB 1294-- Transportation, Department of; erect memorial markers; authorize............................................................................................... 888, 960
HB 1295-- Haralson, City of; mayor and councilmembers; stagger terms.......................................................................................... 888, 960, 1085, 1091, 1533
HB 1296-- Public employees; file yearly disclosure statements with State Ethics Commission; provide....................................................... 888, 960
HB 1297-- Qualification fees; nominally increase; provide ........................ 888, 960, 1401
HB 1298-- Hazardous waste; make provisions consistent with federal regulations; provide ...................................................... 889, 960, 1402, 1617
HB 1299-- Roswell, City of; office of mayor not held more than three terms; provide .................................................................. 889, 960, 1085, 1091, 1718
HB 1300-- Lead poisoning; identification and abatement of hazards; revise provisions.......................................................... 889, 960, 1439
HB 1301-- River Basin Protection Act; enact........................................................ 890, 960
HB 1302-- General Assembly; expense allowances reduction; provide ................................................................................................. 829, 897
HB 1303-- State government; notice for public meetings; clarify provisions................................................................................... 829, 897, 1440
HB 1304-- Local government; members of authorities; conflicts of interest; revise provisions ......................................................... 829, 897, 1206, 1484
HB 1305-- Local government entities; citizens have right to speak at meetings; provide............................................................................. 829, 897

INDEX

6411

HB 1306-- Municipal corporations; continue to receive services as prior to incorporation; authorize.......................................................... 890, 960
HB 1307-- Teacher certification; learning requirements for renewal; temporarily suspend ................................................... 890, 960, 1084, 1453, 5066
HB 1308-- Minimum wage; increase to match cost of living; reform provisions................................................................................. 890, 960
HB 1309-- Controlled substances; add synthetic cannabinoids to Schedule I list; provide ............................................................. 830, 897, 1440, 2118, 3422
HB 1310-- Brain and Spinal Injury Trust Commission; may solicit funds; provide ........................................................................... 891, 960, 1421, 1611, 4808
HB 1311-- Rehabilitation Services, Division of; consideration of financial need; eliminate...................................................................... 891, 960
HB 1312-- Death penalty; moratorium; provisions ............................................... 891, 960
HB 1313-- License requirements; craft brewers; provisions ....................... 892, 960, 1130
HB 1314-- Georgia Council on Developmental Disabilities; regulate developmental accounts; provisions ........................... 892, 960, 1421, 1619, 4969
HB 1315-- Public road and street abandonment; counties and municipalities remove roads; authorize ............................................... 892, 960
HB 1316-- Quality Basic Education Act; bill of rights for teachers; enact ..................................................................................................... 893, 960
HB 1317-- Medicaid and PeachCare for Kids Program; contract termination; provide requirements....................................................... 893, 960
HB 1318-- Inactive municipalities; dissolution of municipal corporation; specify burden of proof ................................................... 893, 960
HB 1319-- Dunwoody, City of; ad valorem tax; provide homestead exemption.................................................................................. 894, 960, 1085, 1091, 1158, 1160, 1718
HB 1320-- DeKalb County; ad valorem tax; provide homestead exemption.................................................................................. 894, 960, 1085, 1092, 1159, 1160
HB 1321-- Emergency Telephone System Fund; provide additional use for moneys; public records disclosure; provisions............. 894, 960, 1388, 1553, 5055, 5873, 6103
HB 1322-- Meredith Emerson Memorial Privacy Act; enact ..................... 894, 960, 1071, 1124, 1200, 3001, 5897, 6102
HB 1323-- Local government; transfer of certain revenues; limit....................... 951, 1082

6412

INDEX

HB 1324-- Mental health; Department of Behavioral Health and Developmental Disabilities; revise provisions ......................... 896, 960, 1389, 1576
HB 1325-- Jekyll Island - State Park Authority Act; no more than 35 percent of land developed; provide............................................... 952, 1082
HB 1326-- Dawson County; ad valorem tax; educational purposes; provide homestead exemption ................................................ 952, 1082, 1148, 1155, 2287
HB 1327-- Dawson County; ad valorem tax; educational purposes; provide homestead exemption ................................................ 952, 1082, 1148, 1156, 2287
HB 1328-- Courts; adjust certain fees for inflation; provisions................ 953, 1082, 1402, 1558, 1649, 1650
HB 1329-- Insurance; insurers notify person claiming injury loss; require ................................................................................................ 953, 1083
HB 1330-- Lower Chattahoochee Regional Airport Authority; remove Calhoun County ......................................................... 953, 1083, 1148, 1156, 2287
HB 1331-- Kingsland, City of; Redevelopment Powers Law; authorize.................................................................................. 953, 1083, 1148, 1156, 4855
HB 1332-- Ad valorem tax; certification of assessed taxable property value; change provisions ..................................................... 954, 1083
HB 1333-- Dawson County; ad valorem tax; provide homestead exemption................................................................................ 954, 1083, 1148, 1156, 2287
HB 1334-- Minors; electronically furnishing obscene material; include prohibit cellular telephones................................................... 954, 1083
HB 1335-- Voter registration; any qualified 16 year old student may preregister; provisions................................................................ 955, 1083
HB 1336-- Georgia Technology Authority; new duties and procedures; provisions ....................................................................... 955, 1083
HB 1337-- Holly Springs, City of; councilmembers elected from designated posts; provide........................................................ 955, 1083, 1148, 1157, 3422
HB 1338-- Disability parking laws; appointed law enforcer have disability; remove requirement ............................................... 956, 1083, 1403, 2110, 5066
HB 1339-- Fiscal bills; impact on revenues or expenditures of school system; require fiscal note............................................ 956, 1083, 1387
HB 1340-- Local enforcement boards; unclaimed homestead exemption; name of agent responsible; provide ................................ 956, 1082

INDEX

6413

HB 1341-- Pickens County Board of Commissioners; create .................. 957, 1082, 1148, 1157, 1446
HB 1342-- Advanced practice registered nurses; protocol agreement with physician; amend provisions.................................... 957, 1082
HB 1343-- Criminal cases; fees charged to probationers; change amount; provisions.................................................................. 958, 1082, 1614, 1743
HB 1344-- Certificates of title; inspect salvaged or rebuilt motor vehicles; change duty......................................................................... 958, 1082
HB 1345-- Georgia Kosher Food Consumer Protection Act; enact ......... 959, 1083, 1401, 1634, 3426, 4647
HB 1346-- Henry County; require board member to resign if stand for other election; repeal provisions ..................................... 1073, 1147, 1219, 1222, 3466
HB 1347-- Henry County; Redevelopment Powers Law; authorize ...... 1074, 1147, 1219, 1224, 2307, 3418
HB 1348-- Georgia School Bus Safety Task Force; create ..................... 1074, 1147, 1521
HB 1349-- Roswell, City of; Redevelopment Powers Law; authorize................................................................................ 1074, 1147, 1219, 1222, 1719
HB 1350-- Alcoholic beverages; filing of bonds with license renewal applications; change provisions ............................... 1074, 1147, 1390
HB 1351-- Dispossessory proceedings; landlord bar tenant entry after past due rent; provide .............................................................. 1075, 1147
HB 1352-- University System Fiscal and Administrative Oversight Commission; provide....................................................................... 1075, 1147
HB 1353-- White County Building Authority Act; enact....................... 1075, 1147, 1219, 1223, 3018
HB 1354-- Professions and businesses; electronic signature for certain professions; provide ............................................................. 1076, 1147
HB 1355-- East Point, City of; levy excise tax; authorize...................... 1076, 1147, 1506, 4797, 4799, 5262
HB 1356-- Official Code of Georgia Annotated; amend several titles.................................................................................................. 1076, 1147
HB 1357-- Open and public meetings; posting and advertisement of tax assessors meetings; change requirements.............................. 1077, 1147
HB 1358-- State purchasing; price paid by state not exceed price offered to others; require.................................................................... 959, 1083
HB 1359-- Best management practices; required buffer along state waters; provide exception ..................................................... 1077, 1147, 1402, 1621, 4779, 5098
HB 1360-- Sales and use tax; change certain definitions .................................. 1077, 1147

6414

INDEX

HB 1361-- Jekyll Island - State Park Authority; membership; prohibit conflicts of interest; provide .............................................. 1077, 1147
HB 1362-- Alma, City of; change certain charter provisions ................. 1077, 1147, 1219, 1222, 1702, 1707, 3018
HB 1363-- Georgia Building Authority; adopt master plan for Capital Square; require .......................................................... 1078, 1147, 1391
HB 1364-- Insurance; Georgia Insurers Insolvency Pool liable in emergency; provisions .......................................................... 1078, 1147, 1401, 1739, 3468, 5106, 5896
HB 1365-- Law judge or hearing officer; deference on technical issues when reviewing permits; provisions ..................................... 1137, 1217
HB 1366-- Elections; incumbent for reelection as independent without filing petitions; provide ...................................................... 1137, 1217
HB 1367-- Elections; independent candidates have additional qualifying period; provide ............................................................... 1137, 1217
HB 1368-- Conservation and natural resources; level of registration required for Environmental Protection Division permits; specify .............................................................................................. 1137, 1217
HB 1369-- Maps and plats; certain data shown; subdivisions; provide restrictions .......................................................................... 1079, 1147
HB 1370-- Conservation and natural resources; certain environmental protection permits; revise provisions....................... 1138, 1217
HB 1371-- Podiatry practice; include certain cosmetic foot and leg conditions; provide .......................................................................... 1138, 1217
HB 1372-- Sales and use tax; point of sale data made available to counties; provide.............................................................................. 1138, 1217
HB 1373-- Secondary metals recyclers; theft crimes; transaction records; change provisions............................................................... 1139, 1217
HB 1374-- Overtaking a school bus; reporting violations; enforced by video images; define terms ......................................................... 1139, 1218
HB 1375-- Meetings open to public; video posting on official website satisfy requirement; provide ............................................... 1139, 1218
HB 1376-- Holidays and observances; Irish Heritage and History Month; establish............................................................................... 1140, 1218
HB 1377-- Residential contractor; raise dollar cap of activity or work performed; change definition ................................................. 1140, 1218
HB 1378-- Lumpkin County, Magistrate Court of; appoint clerk; provide .................................................................................. 1140, 1218, 1432, 1520, 1526, 4855

INDEX

6415

HB 1379-- Snellville, City of; Redevelopment Powers Law; authorize................................................................................ 1140, 1218, 1520, 1526
HB 1380-- Insurance; insurable interest in retired employee; may void insurance; provisions ............................................................... 1079, 1147
HB 1381-- Motor vehicles and traffic; safer bicycle riding; provide definitions ........................................................................................ 1080, 1147
HB 1382-- Sales and use tax; special purpose public safety local option tax; provide ........................................................................... 1080, 1147
HB 1383-- Unclaimed property; disposition of gift card when owner dies or is missing; provisions................................................ 1080, 1147
HB 1384-- Local governments; constitutional zoning authority; remove prohibition........................................................................... 1081, 1147
HB 1385-- Disability compensation; payments to law enforcement injured in line of duty; authorize ..................................................... 1081, 1147
HB 1386-- Meetings; service delivery agreements; not open to public; provide ................................................................................. 1081, 1147
HB 1387-- Official Code of Georgia Annotated; correct errors and omissions .............................................................................. 1081, 1147, 1219, 1503, 4809
HB 1388-- Development authorities; change a certain definition .......... 1141, 1218, 1232, 1450, 4809
HB 1389-- Public assistance; random drug testing for recipients; provisions......................................................................................... 1141, 1218
HB 1390-- Gwinnett County, Board of Commissioners; reconstitute the board; provide ........................................................ 1141, 1218
HB 1391-- Columbus, Municipal Court; change clerk and marshal compensation ........................................................................ 1142, 1218, 1520, 1529, 3422
HB 1392-- Georgia Nuclear Energy Financing Act; recover generating plant costs from customers; eliminate ........................... 1142, 1218
HB 1393-- Sales and use tax; cap exemption; metropolitan public transportation purposes; provisions ...................................... 1142, 1218, 1694, 2074, 5059, 5371
HB 1394-- Solid waste management; scrap tires; utilize transport destination designation form; require .............................................. 1209, 1400
HB 1395-- Buildings; new slab-on-grade residential structures; accessibility; provide ....................................................................... 1210, 1400
HB 1396-- Georgia Regional Grand Jury Act; enact......................................... 1210, 1400
HB 1397-- Salary Protection Act; enact ............................................................ 1144, 1217
HB 1398-- Safety belts; change certain provisions.................................. 1210, 1400, 1403
HB 1399-- Insurance; payment to third parties; motor vehicle repair services; provide.................................................................... 1211, 1400

6416

INDEX

HB 1400-- Sasser, Town of; Terrell County; provide new charter ........ 1211, 1400, 1520, 1526, 4809
HB 1401-- College Park, City of; Water and Sewer Authority; create ................................................................................................ 1211, 1400
HB 1402-- Georgia Student Finance Authority; engineering field loans; Peace Corps volunteers; deferred payment; provide .................................................................................. 1212, 1400, 1519, 1742
HB 1403-- Mountain Park, City of; number of councilmen; change provisions.............................................................................. 1212, 1400, 1520, 1527, 2288
HB 1404-- Motor vehicles; taxicab and limousine; registration and titling; provisions ................................................................... 1144, 1217, 1402
HB 1405-- 2010 Special Council on Tax Reform and Fairness for Georgians; Special Joint Committee on Georgia Revenue Structure; create ..................................................... 1144, 1217, 1428, 1756, 3466
HB 1406-- Student-Athletes Right to Know Act of 2010; enact ....................... 1145, 1217
HB 1407-- Medicaid and PeachCare for Kids; single administrator for dental services; provisions .............................................. 1145, 1217, 1421, 2026, 5066
HB 1408-- Sales and use tax; distribution of tax proceeds; collect data................................................................................................... 1145, 1217
HB 1409-- Georgia Economy Investment Act; enact ........................................ 1146, 1217
HB 1410-- Tolling of limitations for tort actions; while prosecutions pending; change provisions ........................................ 1146, 1217
HB 1411-- Quiet reflection period; accommodate freedom of religion; clarify ................................................................................ 1146, 1218
HB 1412-- School bus operation; establish procedures for unloading children under eight; require........................................... 1212, 1400
HB 1413-- Disciplinary tribunals; same hearing panel for incidents of two or more students; provisions................................................. 1212, 1400
HB 1414-- Sexual Offender Registration Review Board; Halloween activities; prohibit.......................................................... 1213, 1400
HB 1415-- Mandatory education; reimbursement to school system for parent notice; provide................................................................. 1213, 1400
HB 1416-- Income tax credit; qualified broadband equipment; provide ............................................................................................. 1213, 1400
HB 1417-- Boards of education; nonbinding advisory referendum; school uniforms; provide ................................................................. 1214, 1400
HB 1418-- Core curriculum; students complete 40 hours service learning; require............................................................................... 1214, 1400
HB 1419-- Motor fuels tax; subject to 4 percent tax; provisions....................... 1214, 1400

INDEX

6417

HB 1420-- Health; prohibition of smoking in public places; enact new provisions ................................................................................. 1393, 1438
HB 1421-- Disposition of cremains; veterans; provide ..................................... 1394, 1438
HB 1422-- Montgomery County; Board of Commissioners; terms of office; provide .................................................................. 1394, 1438, 1520, 1527, 2308
HB 1423-- Public health and morals; smoking in vehicles with child passenger; provide for crime .................................................. 1394, 1438
HB 1424-- Insurance; Internet driver improvement programs; qualify for reduction; provide.......................................................... 1394, 1438
HB 1425-- Elections; candidates file nomination petitions for ballot access; remove requirement............................................................. 1395, 1438
HB 1426-- Alcoholic beverages; brewpubs; change qualifications................... 1395, 1438
HB 1427-- Norcross, City of; mayor and city councilmembers; change terms ......................................................................... 1395, 1438, 1520, 1527, 3466
HB 1428-- School construction; within 500 feet of freeway or traffic corridor; prohibit ................................................................... 1396, 1439
HB 1429-- Cartersville, City of; levy excise tax; authorize.................... 1396, 1439, 1520, 1528, 3467
HB 1430-- Bartow County; levy excise tax; authorize........................... 1396, 1439, 3459, 3462, 5263
HB 1431-- Georgia Services Administration; succeed Department of Administrative Services; create provisions ...................... 1217, 1400, 1614, 2123
HB 1432-- University System of Georgia; American Sign Language credit; require .................................................................. 1217, 1400
HB 1433-- Domestic relations; international marriage brokers; provide regulation ............................................................................ 1396, 1439
HB 1434-- Norcross, City of; mayor and councilmembers elected by plurality; provide.............................................................. 1397, 1439, 1520, 1528, 3467
HB 1435-- Medical treatment; nourishment of person receiving health care; provide.......................................................................... 1397, 1439
HB 1436-- Health care facilities; compensated officers disclose financial information; require .......................................................... 1397, 1439
HB 1437-- Mass transportation; MARTA board of directors; change membership ............................................................... 1397, 1438, 1522
HB 1438-- Health; distribute health videos to mothers of newborns; provide ............................................................................................. 1398, 1438
HB 1439-- Building codes; certain farm buildings; provide exemption............................................................................... 1398, 1438, 1439

6418

INDEX

HB 1440-- Minors; sale of cigarette and tobacco objects; blunt wraps; provide regulation ................................................................ 1399, 1438
HB 1441-- Public accommodations charges; certain levies; change procedures........................................................................................ 1399, 1438
HB 1442-- Local Government Prepaid Wireless 9-1-1 Fee Collection Authority; create ............................................................ 1436, 1518
HB 1443-- State Road and Tollway Authority; abolish and transfer duties to Department of Transportation; provide............................. 1437, 1518
HB 1444-- Social Circle, City of; certain geographical area; remove from corporate city limits ................................................... 1512, 1701
HB 1445-- Boards of education; member possess high school or general educational development diploma; provisions.................... 1512, 1701
HB 1446-- Clayton County; become participant in MARTA; hold nonbinding referendum......................................................... 1512, 1701, 2279, 2280, 4856
HB 1447-- Dalton, City of; levy excise tax; authorize ........................... 1513, 1701, 2248, 2250, 3019
HB 1448-- Whitfield County; levy excise tax; authorize ....................... 1513, 1701, 2248, 2250, 3019
HB 1449-- Nursing homes; determine if new resident is registered sexual offender; require ................................................................... 1513, 1701
HB 1450-- State Court of DeKalb County; certain fees; change............ 1513, 1701, 2248, 2250, 4856
HB 1451-- Varnell, City of; change charter provisions.......................... 1514, 1701, 2248, 2250, 3019
HB 1452-- Towns County; educational purposes; ad valorem tax; homestead exemption ........................................................... 1514, 1701, 2248, 2251, 3019
HB 1453-- Hiawassee, City of; municipal purposes; ad valorem tax; homestead exemption .................................................... 1514, 1701, 2248, 2251, 3020
HB 1454-- Georgia Board of Dentistry; independent agency; provide ............................................................................................. 1515, 1701
HB 1455-- Marietta, City of; city council meetings; modify provisions.............................................................................. 1515, 1701, 2248, 2251, 3467
HB 1456-- Selling and trade practices; certain practices by credit card companies; prohibit.................................................................. 1438, 1518
HB 1457-- Public high schools; option to not release information to military recruiters; provide .............................................................. 1438, 1518
HB 1458-- Habersham County, State Court; judge and solicitor be full-time; provide .................................................................. 1515, 1701, 2248, 2252, 4809

INDEX

6419

HB 1459-- Brief period of quiet reflection; accommodate freedom of religion; clarify ............................................................................ 1515, 1701
HB 1460-- Foreclosure; conditioning sale of foreclosed home; provisions......................................................................................... 1516, 1701
HB 1461-- Tennille, City of; mayor's vote; provide............................... 1696, 2247, 2279, 2281, 3423
HB 1462-- Coolidge, City of; create new charter ................................... 1697, 2247, 2279, 2281, 3467
HB 1463-- Lee County, Magistrate Court; increase law library fee; authorize................................................................................ 1697, 2247, 2279, 2281, 3423
HB 1464-- Insurance; purpose of a certificate of insurance; provide................ 1697, 2247
HB 1465-- College Park, City of; Water and Sewer Authority; create ..................................................................................... 1697, 2247, 3005, 3012, 5263
HB 1466-- Martin Luther King, Jr. Advisory Council; create........................... 1518, 1701
HB 1467-- Cornelia, City of; levy excise tax; authorize ........................ 1698, 2248, 2279, 2281, 3423
HB 1468-- Dade County Water and Sewer Authority; composition; provide .................................................................................. 1698, 2248, 2279, 2282, 3468
HB 1469-- Talbot County; elections; composition and appointment of board; change.................................................................... 1698, 2248, 2279, 2282, 3020
HB 1470-- Henry County; levy excise tax; authorize............................. 1698, 2248, 2302, 2304, 3423
HB 1471-- Motor vehicles; applying or renewing license plate; donate to county libraries; provide .................................................. 1699, 2248
HB 1472-- Gray, Town of; powers of mayor; provide ........................... 1699, 2248, 2279, 2282, 4856
HB 1473-- Georgia Government Transparency and Campaign Finance Act of 2010; enact .............................................................. 1699, 2248
HB 1474-- Unsolicited newspapers; create and maintain Do Not Receive Registry; require ................................................................ 1700, 2248
HB 1475-- Licenses; authority to discipline a physical therapist; modify provisions ............................................................................ 2244, 2278
HB 1476-- Liberty County Industrial Authority; members vote by phone; provide ...................................................................... 2245, 2278, 4797, 4800, 5263
HB 1477-- Attorney General; if fail to represent state in court; Governor designate counsel; provide .............................................. 2245, 2278
HB 1478-- Dexter, town of; municipal corporate limits; change ........... 2245, 2278, 2302, 2304, 4856

6420

INDEX

HB 1479-- Chattooga County; board of elections and registration; create ................................................................................................ 2245, 2278
HB 1480-- Clinch County; composition and election of governing authority; change................................................................... 2246, 2278, 2302, 2304, 3468
HB 1481-- Union County; Probate Court judge; nonpartisan elections; provide............................................................................. 2246, 2278
HB 1482-- Stockbridge, City of; councilmember elections; advisory referendum; provide............................................... 2246, 2279, 2302, 2305
HB 1483-- Johns Creek, City of; maximum ad valorem tax levied by city; change provisions .................................................... 2277, 2301, 3412, 3415
HB 1484-- Byron, City of; corporate city limits; change ....................... 2278, 2301, 2857, 2860, 4810
HB 1485-- Kingsland, City of; corporate city limits; change................. 2299, 2325, 2857, 2860, 4810
HB 1486-- Union County; nonpartisan elections; probate court judge; provide .................................................................................. 2300, 2325
HB 1487-- Counties; purchasing department; change provisions ..................... 2320, 2856
HB 1488-- Distilled spirits; 33 excise tax option; provide .............................. 2321, 2856
HB 1489-- Remerton, City of; provide new charter ............................... 2321, 2856, 3005, 3012, 4856
HB 1490-- Cedartown, City of; levy excise tax; authorize..................... 2321, 2856, 4797, 4800, 5459, 5842
HB 1491-- Dawson County; Redevelopment Powers Law; authorize................................................................................ 2321, 2856, 3005, 3013, 4857
HB 1492-- Bacon County; advisory referendum election; provide........ 2322, 2856, 3005, 3013, 4857
HB 1493-- Public Facilities Authority of Telfair County Act; enact ..... 2322, 2856, 3005, 3013, 5263
HB 1494-- Pierce County Board of Commissioners; office of county manager; create ......................................................... 2322, 2856, 3005, 3013, 4857
HB 1495-- Garden City, City of; corporate city limits; extend .............. 2323, 2856, 3005, 3014
HB 1496-- Spalding County; homestead exemption; qualifying income level; increase........................................................... 2323, 2856, 3005, 3014, 4857
HB 1497-- Lavonia, City of; corporate city limits; change and extend.................................................................................... 2323, 2856, 3005, 3014, 5263

INDEX

6421

HB 1498-- Royston, City of; ad valorem tax; municipal purposes; homestead exemption ........................................................... 2323, 2856, 3005, 3015, 5264
HB 1499-- Habersham County; package and sale by drink sales; advisory referendum; provide.......................................................... 2324, 2856
HB 1500-- Cleveland, City of; levy excise tax; authorize ...................... 2324, 2856, 3005, 3015, 5264
HB 1501-- Blasting operations; use of explosives in blasting; change provisions ............................................................................ 2853, 3005
HB 1502-- Hinesville, City of; limit compensation increases for mayor and councilmembers; provide.................................... 2854, 3005, 3412, 3416
HB 1503-- Clayton County Civil Service Act; review and appeal decisions; change provisions ................................................ 2854, 3005, 3412, 3416, 4858
HB 1504-- St. Marys Convention and Visitors Bureau Authority; two additional members; provide ......................................... 2854, 3005, 3412, 3417
HB 1505-- Waco, City of; provide new charter...................................... 2854, 3005, 3412, 3417, 4858, 5181
HB 1506-- Turner County; board of elections and registration; create ..................................................................................... 2855, 3005, 3412, 3417, 5264
HB 1507-- Clarkston, City of; election and powers of the mayor; provide .................................................................................. 3003, 3411, 3459, 3462, 5264
HB 1508-- DeKalb County; district services; change definition ............ 3004, 3411, 3459, 3462, 5265
HB 1509-- Savannah, City of; Chatham County; board of education members; add qualifications ................................ 3004, 3411, 3459, 3462, 5265
HB 1510-- Lowndes County; Board of Commissioners; provide ..................... 3408, 3459
HB 1511-- Douglasville-Douglas County Water and Sewer Authority; board of directors; amend ................................... 3409, 3459, 4797, 4800, 5265
HB 1512-- McPherson Implementing Local Redevelopment Authority; membership; modify provisions..................................... 3409, 3459
HB 1513-- Fannin County; Magistrate Court clerk; appointed by chief magistrate; provide ...................................................... 3409, 3459, 4797, 4801, 5265
HB 1514-- Gilmer County; Magistrate Court clerk; appointed by chief magistrate; provide ...................................................... 3409, 3459, 4797, 4801, 5266

6422

INDEX

HB 1515-- Income tax; taxable income not include certain health plan premiums; provide ................................................................... 4794, 5173
HB 1516-- Presidential Preference Primary; establish candidate qualifications; provide ..................................................................... 3458, 4796
HB 1517-- Insurance; federal health care plans not offer abortion coverage; provide............................................................................. 4795, 5173
HB 1518-- Polk County; ad valorem tax; county purposes; homestead exemption ...................................................................... 4795, 5173
HB 1519-- Polk County; ad valorem tax; educational purposes; homestead exemption ...................................................................... 4795, 5173
HB 1520-- Health and morals; wireless telephone sales to persons under 18; prohibit............................................................................. 4795, 5173
HB 1521-- Rehabilitation Services, Division of; transfer to Department of Community Affairs; repeal certain provisions................................................................................................... 5172
HB 1522-- Georgia Tourism and Community Development Act for Natural and Cultural Resources; enact ...................................................... 5172
HB 1523-- Income tax; property donations for public parks; provide tax credit ....................................................................................... 5173

PART III
HOUSE RESOLUTIONS
HR 1-- Real property; residential and nonresidential; freeze valuation - CA............................................................................................ 1087
HR 2-- Bringing Equity Statewide to Taxation Amendment; enact CA ........................................................................... No Action in 2010
HR 3-- Governor's veto; one house overrides; other house votes immediately; provide CA ......................................................... Prefiled Only
HR 4-- Counties; future laws; expenditure of funds; provisions CA ..................................................................................... No Action in 2010
HR 5-- Paramount right to life; human beings; provisions CA .... No Action in 2010 HR 7-- General Assembly; provide homeowner tax relief
grants; appropriate funds CA............................................ No Action in 2010 HR 8-- General Assembly; law for townships; provide CA......... No Action in 2010 HR 9-- Freedom of Ownership Amendment; enact CA ............... No Action in 2010 HR 10-- Joint Study Committee for Clean Energy Technology;
create .................................................................................... No Action in 2010 HR 11-- Taxpayer Dividend Amendment of 2010; enact CA ........ No Action in 2010 HR 12-- Eligibility to vote; verification of citizenship;
provisions CA ................................................................... No Action in 2010 HR 21-- Counties; provide for re-creation; voter approval - CA ............................ 1087 HR 23-- Labor union elections; urge Georgia Congressional
Delegation to reject such measures...................................... No Action in 2010 HR 24-- Auditory-Verbal Center, Inc.; Debbie Brilling;
commend and invite to House ............................................. No Action in 2010 HR 25-- President and United States Congress; urged to support
legislative efforts to reduce America's foreign oil dependence........................................................................... No Action in 2010 HR 26-- Dave S. Miller Memorial Bridge; dedicate.......................... No Action in 2010 HR 27-- State and local taxes, fees, and property liens; abolish and prohibit; change provisions CA ................................. No Action in 2010 HR 28-- Rosa Parks and others; urging the placement of their portraits in the state capitol.................................................. No Action in 2010 HR 30-- Sales and use tax; limit exemptions periods CA .............. No Action in 2010 HR 31-- Bobby Walden Highway; dedicate ...................................... No Action in 2010 HR 32-- Governor; urged to proceed with leases for exploration and drilling for oil and natural gas off Georgia coast.......... No Action in 2010 HR 70-- Eminent domain; condemnation of property; require CA ........................................................................................ No Action in 2010

6424

INDEX

HR 71-- United State Congress; urge to oppose efforts to adopt "Employee Free Choice Act"............................................... No Action in 2010
HR 72-- Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ............................................... No Action in 2010
HR 73-- Court of Appeals and Supreme Court; decisions; remove provisions CA ...................................................... No Action in 2010
HR 74-- Judicial Qualifications Commission; remove power; provisions CA ................................................................... No Action in 2010
HR 75-- State-wide grand juries; jurisdiction, powers, and duties; provide CA ............................................................ No Action in 2010
HR 76-- Incarcerated persons; moral turpitude felonies; vote; provide CA........................................................................ No Action in 2010
HR 77-- International education; Georgia colleges and universities; urge.................................................................. No Action in 2010
HR 78-- Joint Equine Industry Study Committee; create .................. No Action in 2010
HR 92-- Edwin Price Hamilton Memorial Bridge; dedicate ............. No Action in 2010
HR 120-- United States National Health Insurance Act; urge Congress to adopt................................................................. No Action in 2010
HR 136-- Owners of real property; industrial areas; remove property - CA ........................................................................ 1401, 1741, 5056, 5364
HR 137-- United States Congress; send legislatures repeal of Sixteenth Amendment; urge ................................................ No Action in 2010
HR 138-- Governor; convene General Assembly special session; 3 percent or more revenue decline CA ............................. No Action in 2010
HR 139-- General Assembly; telephone subscriber charges; fund trauma services; provide CA ............................................ No Action in 2010
HR 140-- State Transportation Board; abolish CA........................... No Action in 2010
HR 162-- Ad valorem tax; fund trauma care; provide CA ............... No Action in 2010
HR 163-- Edward A. Logan Memorial Bridge; dedicate..................... No Action in 2010
HR 164-- House Rules; Pledge of Allegiance to the Georgia Flag; provide ................................................................................. No Action in 2010
HR 166-- Joint Study Committee on SITE TO GROW GEORGIA, Alternative Financing, and Entrepreneurship; create ...................................................... No Action in 2010
HR 167-- Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ................................................................................ No Action in 2010
HR 176-- SunCorp Property Services, LLC; compensate ................... No Action in 2010
HR 177-- House Study Committee on Airborne Release of Pentachlorophenol and it's Effects on the Health of Georgia Residents; create .................................................... No Action in 2010

INDEX

6425

HR 178-- General Assembly; contracts that limit competitive activities; authorize - CA ............................................................ 587, 599, 736, 1460, 3425, 4556, 4678, 4697, 4787, 5112, 5289
HR 179-- Ad valorem tax; valuation and appeals procedures; provide CA........................................................................ No Action in 2010
HR 180-- United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..................................................... No Action in 2010
HR 206-- Transportation Trust Fund; create - CA........................................... 1648, 1693
HR 218-- State Board of Cosmetology; investigate need and feasibility of ventilation equipment for nail technicians; urge ...................................................................................... No Action in 2010
HR 220-- Sales and use tax; motor fuels; 25 percent of funds for transportation grant purposes; provide CA....................... No Action in 2010
HR 222-- Holcomb, Noel Z.; retirement; congratulate and invite to House ............................................................................... No Action in 2010
HR 229-- Citizens' Redistricting Commission; create CA ............... No Action in 2010
HR 230-- Hancock, Spc. Vincent; commend and invite to House ...... No Action in 2010
HR 241-- George W. Ford, Jr. Interchange; designate ........................ No Action in 2010
HR 242-- William R. and Mamie Steele Cook Memorial Bridge; dedicate ................................................................................ No Action in 2010
HR 280-- Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist............................................ No Action in 2010
HR 281-- Sales and use tax exemptions; limit; not exceed three years; provide CA ............................................................. No Action in 2010
HR 292-- James C. Moore Corridor; dedicate ..................................... No Action in 2010
HR 293-- Natural resources; dedication of revenues from certain fees; authorize CA ............................................................ No Action in 2010
HR 294-- Coroner; shall be a county officer; provide CA................ No Action in 2010
HR 295-- Acknowledge Georgia's role in slavery; urge reconciliation ....................................................................... No Action in 2010
HR 316-- Community Health, Department of; pediatric physicians; prepare written materials; urge ......................... No Action in 2010
HR 317-- Doug Ferguson Memorial Bridge; dedicate ........................ No Action in 2010
HR 321-- Levine, Dr. David L.; Distinguished Older Georgian; commend and invite to House ............................................. No Action in 2010
HR 335-- Legislative branch; issuance of subpoenas; provide CA ........................................................................................ No Action in 2010
HR 337-- House of Representatives; development of Georgia's energy resources; express support ....................................... No Action in 2010

6426

INDEX

HR 339-- Congress and President Obama; enact comprehensive immigration reform; urge .................................................... No Action in 2010
HR 340-- President and United States Congress; Mr. Cesar E. Chavez's birthday; national holiday; request ....................... No Action in 2010
HR 341-- Board of education; levy sales and use tax for educational purposes; provide CA.................................... No Action in 2010
HR 368-- MARTA; exercise authority to combine with Georgia Regional Transportation Authority; urge............................. No Action in 2010
HR 369-- County or municipality; ad valorem tax; homestead exemption; authorize CA .................................................. No Action in 2010
HR 370-- Georgia Trauma Care Trust Fund; creation and funding; provide CA........................................................................ No Action in 2010
HR 440-- Veterans Boulevard; dedicate .............................................. No Action in 2010
HR 441-- Sgt. D.P. Land Memorial Bridge; dedicate.......................... No Action in 2010
HR 442-- House Study Committee on the Review, Evaluation, and Analysis of State Tax Exemptions; create .................... No Action in 2010
HR 443-- Phyllis Heller Memorial Bridge; dedicate ........................... No Action in 2010
HR 444-- St. Patrick's Day Parade Committee; members; commend and invite to House ............................................. No Action in 2010
HR 470-- States' sovereignty; based on constitutional principles; affirm ................................................................................... No Action in 2010
HR 472-- Shi Gray Holmes Memorial Highway; dedicate.................. No Action in 2010
HR 473-- Pike County Veterans Memorial Highway; dedicate .......... No Action in 2010
HR 474-- Trooper Tony M. Lumley Memorial Highway; dedicate .... No Action in 2010
HR 475-- Donnie Dickens Memorial Highway; dedicate.................... No Action in 2010
HR 476-- W.F. Gay Memorial Connector; dedicate............................ No Action in 2010
HR 492-- Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government................ No Action in 2010
HR 493-- United States Congress; investigate fluctuation in oil and gas prices; urge.............................................................. No Action in 2010
HR 494-- Atlanta metropolitan area employers; adopt flexible hours to reduce traffic; urge................................................. No Action in 2010
HR 532-- Joint Study Committee on Nursing Education in Georgia; create..................................................................... No Action in 2010
HR 534-- General Assembly; pari-mutuel betting on horse and dog races; provisions CA.................................................. No Action in 2010
HR 535-- United States Congress; avoid wasteful projects; request.................................................................................. No Action in 2010
HR 561-- Joe Bryan Highway; dedicate .............................................. No Action in 2010
HR 563-- Governor; serve six-year term; not succeed himself or herself; provide CA........................................................... No Action in 2010
HR 564-- Glenn McCarver Smith III Memorial Bridge; dedicate....... No Action in 2010

INDEX

6427

HR 566-- State title fees; motor vehicles; provide CA ..................... No Action in 2010
HR 567-- United States Constitution; religious organizations receive public aid; prevent discrimination - CA........................................ 1085
HR 579-- Joint Study Committee on Sales and Use Tax Simplification; create........................................................... No Action in 2010
HR 580-- Generals; strong position on "don't ask, don't tell" policy; commend.................................................................. No Action in 2010
HR 581-- United States Congress; support Georgia chicken growers; encourage .............................................................. No Action in 2010
HR 582-- Hinson Mosley Highway; dedicate...................................... No Action in 2010
HR 583-- Congress; oppose legislation that interferes with state's ability to transport horses; request ....................................... No Action in 2010
HR 584-- Tom Buck Parkway; dedicate .............................................. No Action in 2010
HR 585-- Perry, Tyler; "Madea in the House"; commend and invite to House ..................................................................... No Action in 2010
HR 587-- Dupree, Mr. David M.; commend and invite to House ....... No Action in 2010
HR 606-- General Assembly; Georgia Department of Transportation; develop plan for maglev train; express ...... No Action in 2010
HR 607-- Glenn Brown Memorial Overpass; dedicate........................ No Action in 2010
HR 608-- American Red Cross Month; March, 2009; recognize and invite reps to House....................................................... No Action in 2010
HR 609-- Omega Psi Phi Fraternity, Inc.; commend and invite to House ................................................................................... No Action in 2010
HR 624-- House Constitutional Officer Fees Study Committee; create .................................................................................... No Action in 2010
HR 625-- House Study Committee on Dangerous Dogs; create ......... No Action in 2010
HR 626-- Sears, Chief Justice Leah Ward; retirement; recognize and invite to House .............................................................. No Action in 2010
HR 641-- Lake Spivey Parkway; designate ......................................... No Action in 2010
HR 642-- House Study Committee on Regional Educational Service Agencies; create...................................................... No Action in 2010
HR 646-- Georgia Department of Transportation; develop plan for building "The Plane Train"; express.................................... No Action in 2010
HR 647-- House Study Committee on State Agency Accountability; create .......................................................... No Action in 2010
HR 648-- General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund CA ....................... No Action in 2010
HR 649-- National Institutes of Health and the United States Congress; use of mercury; urge action ................................ No Action in 2010
HR 650-- House Study Committee on Autism; create......................... No Action in 2010
HR 651-- House Study Committee on Business Income Tax Elimination and Job Creation; create................................... No Action in 2010

6428

INDEX

HR 652-- Business Executives for Nat'l Security; Ga. Business Force; commend and invite to House .................................. No Action in 2010
HR 671-- Edith C. Fulgham Memorial Bridge; dedicate..................... No Action in 2010
HR 672-- President Barack Obama; select Mr. Thomas J. Harrold, Jr. as Ambassador to Germany; request .............................. No Action in 2010
HR 673-- Obama, Pres. Barack; Ga. Legislative Black Caucus; honorary member; recognize ............................................... No Action in 2010
HR 675-- Georgia Faith and Clergy Day Commission; create ............ No Action in 2010
HR 676-- Hartsfield-Jackson International Airport; world's most efficient; commend .............................................................. No Action in 2010
HR 677-- Law Day; May 1, 2009; recognize ...................................... No Action in 2010
HR 733-- Hall County; Spring Chicken Festival and Chicken City Cook Off; designate ............................................................. No Action in 2010
HR 739-- Luke Dollar Highway; dedicate........................................... No Action in 2010
HR 740-- House Study Committee on Sales and Use Tax Exemptions; create............................................................... No Action in 2010
HR 771-- House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); create ........................... No Action in 2010
HR 772-- Blood Pressure Down Shift Program; request creation ....... No Action in 2010
HR 773-- States' sovereignty; based on constitutional principles; affirm ................................................................................... No Action in 2010
HR 774-- House Study Committee on Compliance by Local Governments with the Red Light Camera Law; create ....... No Action in 2010
HR 775-- United States Congress; pass legislation that addresses subprime consumer needs; request ...................................... No Action in 2010
HR 776-- States' rights; based on Jeffersonian principles; affirm ....... No Action in 2010
HR 777-- House Study Committee on the National Renewables Energy Portfolio Standards; create ...................................... No Action in 2010
HR 778-- Hambone Jam; official Georgia State BBQ Championship competition; recognize ................................ No Action in 2010
HR 779-- House Study Committee on Sales and Use Tax Simplification; create........................................................... No Action in 2010
HR 781-- Milton High School girls lacrosse team; commend and invite to House ..................................................................... No Action in 2010
HR 820-- House Study Committee on City and County Consolidation; create ........................................................... No Action in 2010
HR 821-- United States Congress; adopt Fair Tax Act; urge .............. No Action in 2010
HR 824-- House Study Committee on Autism; create......................... No Action in 2010
HR 883-- House Study Committee on Care Management Organization Performance; create ................................................................. 41
HR 884-- United States Congress; study FICA credit scoring system; urge ................................................................................................... 41

INDEX

6429

HR 885-- House Study Committee on Use of Quitclaim Deeds; create .............................................................................................................. 41
HR 886-- House Study Committee on Uniforms in Public Schools; create ............................................................................................... 41
HR 887-- Cano, David; commend and invite to the House ................. No Action in 2010 HR 1085-- Laws; challenge constitutionality; provide standing -
CA ............................................................................................................ 59, 75 HR 1086-- Health care system; no law shall compel participation;
provide - CA ............................................................................. 102, 116, 1119, 1485, 1539
HR 1087-- Tax defaulters; ineligible for public office; revise and strengthen - CA......................................................................... 595, 714, 1702, 2116, 2231
HR 1088-- House convened; notify Senate ..................................................................... 41 HR 1089-- Joint session; message from Governor .................................................... 42, 60 HR 1090-- Governor; office terms; provisions - CA ................................................. 59, 75 HR 1091-- Adjournment; relative to.......................................................................... 60, 76 HR 1092-- Head, Mr. Tom; commend............................................................................. 62 HR 1093-- Thompson, Austin Tyler Radcliff; commend................................................ 62 HR 1094-- Buckner, Olivia Georganna; 14th birthday; celebrate ................................... 62 HR 1095-- Georgia Hispanic Chamber of Commerce; commend................................... 62 HR 1096-- Fagler, Captain Mike; commend ................................................................... 63 HR 1097-- Strange, Mrs. Jean; condolences.................................................................... 63 HR 1098-- Robinson, Dr. Robert S.; condolences........................................................... 63 HR 1099-- Hathaway, Mr. Ken; commend...................................................................... 63 HR 1100-- Butler, Mr. Walter Curtis, Jr.; condolences ................................................... 63 HR 1101-- North Georgia College & State University Day; Jan. 28,
2010; recognize.............................................................................................. 63 HR 1102-- Ga. Statewide Coalition on Blindness; Jan. 13, 2010;
Blindness Day; recognize .............................................................................. 63 HR 1103-- Shrewsbury, Cadet COL Ashlie; commend................................................... 64 HR 1104-- Carlock, Cadet Jessica; commend ................................................................. 64 HR 1105-- Sales and use tax; distributed for educational purposes;
provisions - CA........................................................................................ 73, 91 HR 1106-- Congress of the United States; Honor and Remember
Flag designation; urge............................................................ 73, 91, 217, 1366 HR 1107-- Georgia Federal Health Care Nullified Amendment;
enact - CA ................................................................................................ 73, 91 HR 1108-- Joe Burton Memorial Highway; DeKalb County;
dedicate .................................................................................................... 73, 91

6430

INDEX

HR 1109-- Sales and use tax; lottery tickets; fund public education; provide - CA ............................................................................................ 74, 91
HR 1110-- Sales and use tax; lottery tickets; fund public education; provide - CA ............................................................................................ 74, 91
HR 1111-- Sales and use tax; lottery tickets; fund public education; provide - CA ............................................................................................ 74, 91
HR 1112-- Sales and use tax; lottery tickets; fund public education; provide - CA ............................................................................................ 74, 91
HR 1113-- Perdue, Governor Sonny; service to Georgia; honor............................... 75, 76
HR 1114-- Congressional leaders; allow viewing of health reform discussions; urge .................................................................................... 90, 102
HR 1115-- Georgia challenges; pledge to improve lives of Georgians; recognize ............................................................................. 90, 102
HR 1116-- New state revenue; percentage to African-American owned institutions; request .................................................................... 91, 102
HR 1117-- Health insurance coverage lost; assist Georgians; request .................................................................................................... 91, 102
HR 1118-- Finley, Deputy Chief Ernest; police service; commend and invite to House ........................................................................................ 92
HR 1119-- Auditory-Verbal Center, Inc.,The; Debbie Brilling; commend and invite to House ................................................... 92, 1440, 1450
HR 1120-- Alexander; Eplan; Nunn; Hands On Atlanta founders; commend & invite to House .......................................................... 92, 596, 600
HR 1121-- Geurin, Mrs. Irene; 100th birthday; celebrate ............................... 92, 596, 600
HR 1122-- Finley, Major Ernest; police service; commend and invite to House ............................................................................................... 93
HR 1123-- Delta Team; Paulding Co. H.S. JROTC Raider Regiment; commend & invite to House ........................................ 93, 298, 301
HR 1124-- Rowell, Trevor Markus; commend and invite Roger, Mark & Trevor to House ........................................................... 93, 1148, 1165
HR 1125-- Thrash, Mr. Mo; commend and invite to House........................ 93, 1148, 1165
HR 1126-- Addiction Recovery Awareness Day; Jan. 14, 2010; declare ............................................................................................................ 93
HR 1127-- Sportsman's Day at the state capitol; Jan. 14, 2010; recognize........................................................................................................ 93
HR 1128-- Cody-Brooks, Mrs. Ruby; honor ................................................................... 93
HR 1129-- Youngblood, Minnie Lee Summers; commend............................................. 94
HR 1130-- Burroughs, Richard Bernard, IV; commend.................................................. 94
HR 1131-- Leadership Paulding 20; commend ............................................................... 94
HR 1132-- Tippins, Andrew Wright; commend .............................................................. 94
HR 1133-- Gordon United Methodist Church; commend ............................................... 94
HR 1134-- Twiggs County; bicentennial anniversary; recognize ........................... 94, 117

INDEX

6431

HR 1135-- Elliot, John Preston; commend ...................................................................... 94 HR 1136-- Jones, Wyatt Matthew; commend.................................................................. 94 HR 1137-- Ayres, Michael Kenneth; commend .............................................................. 94 HR 1138-- Fulkerson, Thomas Bradley, IV; commend................................................... 95 HR 1139-- Thrash, Stewart Bradley; commend .............................................................. 95 HR 1140-- Samson, Mr. Tom; commend ........................................................................ 95 HR 1141-- Lake Chapel Primitive Baptist Church; Appling
County; commend.......................................................................................... 95 HR 1142-- Kennesaw, Ga.; tragic shooting; first responders; heroic
actions; recognize .................................................................................. 95, 117 HR 1143-- Smith, Mr. Carl, Jr.; condolences .................................................................. 95 HR 1144-- South Gwinnett High School football team; commend................................. 95 HR 1145-- Pattillo, Ms. Eva; commend........................................................................... 95 HR 1146-- General Assembly; citizens not obligated to comply
with appointed "czar"; declare.................................................... 102, 116, 948, 2288, 3001
HR 1147-- Millard Fuller Memorial Highway; City of LaGrange; dedicate ................................................................................................ 102, 116
HR 1148-- Effingham County Day at the Capitol; Jan. 25, 2010; recognize...................................................................................................... 104
HR 1149-- Christian Leadership Academy; Effingham YMCA; commend...................................................................................................... 104
HR 1150-- Keep Georgia Beautiful program; 77 local affiliates; commemorate............................................................................................... 104
HR 1151-- Kelly, Mr. Dennis; commend ...................................................................... 104 HR 1152-- Deal, Mrs. Zackie Ree; condolences ........................................................... 104 HR 1153-- Rosser, Ms. Peggy; retirement; recognize ................................................... 104 HR 1154-- Beasley, Mrs. Louise; condolences ............................................................. 104 HR 1155-- Goen, Mr. Jeffery Taylor; condolences ....................................................... 104 HR 1156-- Tinsley, Mrs. Alice; condolences ................................................................ 105 HR 1157-- Firefighters of Georgia; 38th annual Firefighters'
Recognition Day; commend ........................................................................ 105 HR 1158-- Valdosta, City of; sesquicentennial anniversary;
recognize...................................................................................................... 105 HR 1159-- Georgia Farm Bureau Federation; commend .............................................. 105 HR 1160-- Georgia Green Industry Association; commend ......................................... 105 HR 1161-- Equine Youth Day at the state capitol; Feb. 10, 2010;
recognize...................................................................................................... 105 HR 1162-- Dion, Private First Class John Phillip; condolences.................................... 105 HR 1163-- Armstrong, Ms. Mia N.; commend.............................................................. 106

6432

INDEX

HR 1164-- Methadone Treatment Awareness Day at the state capitol; March 5, 2010; declare ................................................................... 106
HR 1165-- Veterinary Medicine Day; Feb. 4; Ga. Vet. Med. Assoc.; commend & invite to House ................................................... 103, 220
HR 1166-- Local boards of education; retrofit school buses with pollution control devices; urge ............................................................ 116, 130
HR 1167-- E.R. Bates Memorial Bridge; Cartersville; dedicate ........................... 116, 130
HR 1168-- House; amend rules..................................................................... 116, 130, 131, 146
HR 1169-- Watson, Dr. Walter Gamewell "Curly"; commend and invite to House ............................................................................................. 118
HR 1170-- Warner Robins American Little League softball team; commend and invite to House ..................................................... 118, 596, 600
HR 1171-- Cartersville High School varsity baseball team; commend and invite to House ................................................. 118, 2249, 2263
HR 1172-- Interior Design Day at the state capitol; Jan. 26th, 2010; recognize...................................................................................................... 118
HR 1173-- Tourism Day at the state capitol; Jan. 26, 2010; declare............................. 118
HR 1174-- Napolitano, Janet; U.S. Department of Homeland Security Secretary; commend ...................................................................... 118
HR 1175-- Johnson, Robert; commend ......................................................................... 119
HR 1176-- Heidenreich, Clark; commend ..................................................................... 119
HR 1177-- General Assembly; law for pari-mutuel wagering on horse racing; provide - CA......................................................... 129, 144, 1506
HR 1178-- Burks, Mr. Roy; commend .......................................................................... 119
HR 1179-- Austin, Mrs. Addie Gates; condolences ...................................................... 119
HR 1180-- Harris, Mrs. Narvie Jordan; condolences .................................................... 119
HR 1181-- Lewis, Mr. John H., Sr.; condolences.......................................................... 119
HR 1182-- Veterans of Foreign Wars of the United States Post 4706; commend............................................................................................ 119
HR 1183-- Burnett, Mrs. Adelaide; condolences........................................................... 119
HR 1184-- Fussell, Jad Thomas; commend................................................................... 120
HR 1185-- Ficklin, Reverend Henry Clay; 31st pastoral anniversary; recognize ................................................................................. 120
HR 1186-- Burns, Mr. Roy Lee, Sr.; condolences......................................................... 120
HR 1187-- Mombeleur, Mr. Yves; commend................................................................ 120
HR 1188-- Taylor, Mr. Joseph Gregory; condolences................................................... 120
HR 1189-- Emergency Management Agencies of Georgia; commend and invite to House ..................................................... 131, 298, 301
HR 1190-- Reed, Kasim; City of Atlanta Mayor; commend and invite to House ............................................................................. 131, 145, 146

INDEX

6433

HR 1191-- Peirce, Dr. Kenneth; condolences................................................................ 131 HR 1192-- Yeiser, Ms. Lisa; commend ......................................................................... 132 HR 1193-- Bryant, Ms. Dianne; commend .................................................................... 132 HR 1194-- Sobol, Mr. Brent; commend ........................................................................ 132 HR 1195-- Fort Oglethorpe Fire and Rescue; commend ............................................... 132 HR 1196-- Gitgood, Sergeant Jordan; commend........................................................... 132 HR 1197-- Metts, Dr. James C., Jr.; commend.............................................................. 132 HR 1198-- National Federation of Independent Business in
Georgia; commend....................................................................................... 132 HR 1199-- Exley, Preston G. & Mary Agnes Snooks; 50th wedding
anniversary; commend................................................................................. 133 HR 1200-- Jackson, Mrs. Mae Willie; 100th birthday; celebrate .................................. 133 HR 1201-- Evansdale Elementary School; commend ................................................... 133 HR 1202-- William Maud Bryant Memorial Highway; Bleckley
County; dedicate .................................................................................. 144, 158 HR 1203-- Sales and use tax; educational purposes; provide - CA.............. 144, 158, 949,
1164, 1507, 1945 HR 1204-- Burkhalter, Honorable Mark; appreciation; express.................................... 148 HR 1205-- United States Census; 2010; importance; recognize ................................... 148 HR 1206-- Eberhart, Reverend Isaiah; condolences...................................................... 148 HR 1207-- Georgia Tech Yellow Jackets football team; 2009;
commend...................................................................................................... 148 HR 1208-- Hale, Reverend Dr. Cynthia L.; commend .................................................. 148 HR 1209-- Grizzle, Miss Erin; winning the Miss United States
Pageant; commend....................................................................................... 148 HR 1210-- Boy Scouts of America 100 Years of Scouting Day;
Feb. 8, 2010; recognize................................................................................ 148 HR 1211-- 4-H Day at the state capitol; Feburary 8, 2010;
recognize...................................................................................................... 149 HR 1212-- Psychology Day at the State Capitol; Feb. 3, 2010;
declare .......................................................................................................... 149 HR 1213-- Optimist International; commend ................................................................ 149 HR 1214-- Beasley, Mr. Norvie Les, Sr.; condolences ................................................. 149 HR 1215-- Osborn, Reverend Walter; commend .......................................................... 149 HR 1216-- University of West Georgia Day at the state capitol;
Jan. 28, 2010; recognize .............................................................................. 149 HR 1217-- Sandy Creek High School football team; congratulate
and invite to House ...................................................................................... 147 HR 1218-- Georgia USGA women's golf team; commend and
invite to House ............................................................................. 147, 831, 841

6434

INDEX

HR 1219-- Education, Department of; implement safe guards for recruitment of 17-year-olds; urge ........................................................ 157, 174
HR 1220-- McCormack, Ty; USATF Junior Olympics Cross Country Gold Medalist; commend .............................................................. 164
HR 1221-- Hambert, Lieutenant Mark; commend......................................................... 164 HR 1222-- Spillers, Mr. Otis; condolences.................................................................... 164 HR 1223-- Food Service Industry Day; Feb. 2, 2010; declare ...................................... 165 HR 1224-- Kaiser Permanente; Downtown Decatur Medical
Office; commend ......................................................................................... 165 HR 1225-- Ross, Will Ledger; commend ...................................................................... 165 HR 1226-- Smith, Colby Isaac; commend ..................................................................... 165 HR 1227-- Warnock, Cameron Parks; commend .......................................................... 165 HR 1228-- Gay, Hunter Evans; commend ..................................................................... 165 HR 1229-- Cordele-Crisp County Fish Fry; recognize.................................................. 165 HR 1230-- Sheffey, Ms. Rita A.; commend .................................................................. 165 HR 1231-- Walsh, Mr. Terry; commend ....................................................................... 166 HR 1232-- Brown, Mrs. Mary Hines; 100th birthday; celebrate................................... 166 HR 1233-- Sanders, Corporal Eric; commend............................................................... 166 HR 1234-- Georgia Census Week; March 8 through 14; declare;
urge residents to participate ......................................................................... 166 HR 1235-- Hadley, Walter Reed, Jr.; commend and invite to House........ 164, 2302, 2309 HR 1236-- Joint session; message from Chief Justice of Supreme
Court .................................................................................................... 163, 176 HR 1237-- Coroner; shall be a county officer; provide - CA ................................ 173, 196 HR 1238-- Sales and use tax; board of education levy tax for
educational purposes; authorize - CA.................................................. 174, 196 HR 1239-- Technology Leadership Coalition's High-Tech Day;
Feb. 10; recognize........................................................................................ 184 HR 1240-- NAACP Month; February; recognize.......................................................... 185 HR 1241-- Chemistry Section of the GBI's Division of Forensic
Sciences; commend...................................................................................... 185 HR 1242-- Armstrong Atlantic State University; 75th anniversary;
commend...................................................................................................... 185 HR 1243-- Taylor, Dr. John C.; commend .................................................................... 185 HR 1244-- Griffin, Jerry R.; commend.......................................................................... 185 HR 1245-- Jackson, Ms. Roslyn "Pat"; commend ......................................................... 185 HR 1246-- Walker, Casy; Miss Cobb County 2010; commend .................................... 185 HR 1247-- Jackson, Mr. Joe David; condolences.......................................................... 186 HR 1248-- Turner's Fine Furniture; commend .............................................................. 186 HR 1249-- Valdosta State University Red Hots Dance Team;
commend...................................................................................................... 186

INDEX

6435

HR 1250-- Harper, Vance; Nick's Barbershop; 20th anniversary; commend...................................................................................................... 186
HR 1251-- Valdosta State University Coed Cheerleading Team; commend...................................................................................................... 186
HR 1252-- McLane, Honorable H. Arthur "Mac"; commend ....................................... 186 HR 1253-- Tebeau, Mrs. Willie; 100th birthday; celebrate ........................................... 187 HR 1254-- Turner, Mrs. Myrna R.; retirement; commend ............................................ 187 HR 1255-- Jackson, Mr. George T.; condolences.......................................................... 187 HR 1256-- Parker, Drew; Eagle Scout; commend......................................................... 187 HR 1257-- Netherlands Day at the state capitol; Feb. 23, 2010;
recognize...................................................................................................... 187 HR 1258-- Armstrong Atlantic State Univ.; 75th anniversary;
president; commend & invite............................................................... 184, 220 HR 1259-- Columbia County Youth Leadership; commend and
invite members to House ............................................................. 184, 326, 332 HR 1260-- Girls and Women in Sports Day; Feb. 3, 2010;
recognize...................................................................................................... 203 HR 1261-- Beckham, Mr. Gordon; commend and invite to House............................... 199 HR 1262-- Adjournment; relative to...................................................................... 199, 221 HR 1263-- Reynolds, Brett; commend .......................................................................... 204 HR 1264-- Barber, Stacey; commend ............................................................................ 204 HR 1265-- Shepherd, Mary; commend.......................................................................... 204 HR 1266-- Gambrell, Allen; commend ......................................................................... 204 HR 1267-- Roberts, James R., Jr.; commend................................................................. 204 HR 1268-- Ray, David; commend ................................................................................. 204 HR 1269-- Frye, Zac; commend .................................................................................... 204 HR 1270-- Moore, Katelyn; commend .......................................................................... 204 HR 1271-- Holden, Samantha; commend ...................................................................... 205 HR 1272-- Lawrence, Belinda B.; commend................................................................. 205 HR 1273-- Lanier, Joseph M.; commend....................................................................... 205 HR 1274-- Terwilliger, Toni; commend ........................................................................ 205 HR 1275-- Taylor, Shanna; commend ........................................................................... 205 HR 1276-- Moore, DeAnna T.; commend ..................................................................... 205 HR 1277-- Powers, Candy L.; commend....................................................................... 205 HR 1278-- Ahrens, Wendy Michelle; commend ........................................................... 205 HR 1279-- Cook, Heather Jones; commend .................................................................. 205 HR 1280-- Craft, Tommy; commend............................................................................. 206 HR 1281-- Moore, Barbara; commend .......................................................................... 206 HR 1282-- Carlyle, Eric, PhD; commend ...................................................................... 206 HR 1283-- Leach, Dr. Sonji; commend ......................................................................... 206

6436

INDEX

HR 1284-- Mason, Gloria W.; commend....................................................................... 206 HR 1285-- Gambrell, Anna; commend.......................................................................... 206 HR 1286-- Phillips, Cindy; commend ........................................................................... 206 HR 1287-- Georgia Institute of Technology Day at the capitol;
February 9, 2010; recognize ........................................................................ 206 HR 1288-- Ruffin, Honorable John H., Jr.; condolences............................................... 206 HR 1289-- HomeTown Health; Georgia's rural hospitals; commend
and invite to House ...................................................................................... 203 HR 1290-- Hungary Day; Feb. 12, 2010; recognize and invite
ambassador to House ................................................................... 203, 326, 333 HR 1291-- Feng, Xie; Chinese Minister; commend and invite to
House ........................................................................................................... 203 HR 1292-- Congress; pass Bridging Bank to Recovery Act; urge ........................ 215, 238 HR 1293-- Joint Study Committee on Licensure of Residential and
General Contractors; create ....................................................... 215, 238, 1507 HR 1294-- John McHugh, Secretary of the Army; Fort Hood
shootings; unborn child as victim; urge............................................... 215, 238 HR 1295-- Cody Warren Memorial Highway; dedicate........................................ 215, 238 HR 1296-- Goswick Family Bridge; Murray County; dedicate ............................ 215, 238 HR 1297-- Patient-Centered Physician Coalition of Georgia Day;
Feb. 4, 2010; recognize................................................................................ 225 HR 1298-- McMillan, Dr. Elridge W.; commend and invite to
House ................................................................................................... 220, 221 HR 1299-- Andy Quinney Overpass; Garden City; dedicate ................................ 237, 256 HR 1300-- Sales and use tax; motor fuel collections; appropriated
for transportation; provisions - CA...................................................... 237, 256 HR 1301-- H.G. "T" Fulcher Memorial Bridge; Richmond County;
dedicate ................................................................................................ 237, 256 HR 1302-- National Wear Red Day; Feb. 5, 2010; recognize ....................................... 225 HR 1303-- Coker, James E. & Kaye Hames; 40th wedding
anniversary; recognize ................................................................................. 225 HR 1304-- Griffin, Mrs. Vivian Hamp; condolences .................................................... 225 HR 1305-- Cummings, Mrs. Mary A. Moss; condolences ............................................ 225 HR 1306-- Howard, Mr. Robert; condolences............................................................... 226 HR 1307-- Calhoun, Mrs. Beverly W.; condolences ..................................................... 226 HR 1308-- Lowe, Mrs. Narvell Glover; condolences.................................................... 226 HR 1309-- Berry, Mrs. Margaret L.; condolences......................................................... 226 HR 1310-- Bryan, Mr. James H.; commend .................................................................. 226 HR 1311-- Brown, Mr. Michael; commend................................................................... 226 HR 1312-- Logue, Clara; commend............................................................................... 226 HR 1313-- Sanders, Joseph; commend .......................................................................... 226

INDEX

6437

HR 1314-- Cuddy, Mr. Dave; commend ....................................................................... 227 HR 1315-- Ring, Mrs. Stephanie; commend ................................................................. 227 HR 1316-- Allgood, Mr. Luke; condolences ................................................................. 227 HR 1317-- 2010 class of Leadership Sandy Springs; commend ................................... 227 HR 1318-- McCollam, Dr. Stephen M.; commend........................................................ 227 HR 1319-- Thomas, Master James William "Jamee"; high school
graduation; honor......................................................................................... 227 HR 1320-- Peachtree Ridge High School; commend .................................................... 227 HR 1321-- Floor, Kayla; commend ............................................................................... 227 HR 1322-- Akande, Nicky; commend ........................................................................... 228 HR 1323-- Corry, Dr. Larry; commend and invite to House..................... 224, 1440, 1450 HR 1324-- Collins Hill High School softball team; commend and
invite to House ............................................................................................. 224 HR 1325-- Rome Judicial Circuit; commend and invite to House ............ 224, 1521, 1540 HR 1326-- Boyle, Dr. Stephen; commend and invite to House ................ 224, 1521, 1540 HR 1327-- Collins Hill High School wrestling team; commend and
invite to House ............................................................................................. 224 HR 1328-- Georgia Peach Festival; commend and invite 2010 Ga.
Peach Queens to the House.......................................................... 225, 898, 906 HR 1329-- Peach County High School football team; commend
and invite to House ...................................................................... 225, 596, 601 HR 1330-- Georgia Citizens' Coalition on Hunger; Up & Out of
Poverty Now!; commend ............................................................................. 247 HR 1331-- Hankerson, Mr. David; commend ............................................................... 247 HR 1332-- Partnership for Health and Accountability; commend ................................ 247 HR 1333-- Rural Health Day at the state capitol; Feb. 17, 2010;
recognize...................................................................................................... 247 HR 1334-- Russell, James Grady; commend................................................................. 248 HR 1335-- Grits Caf; commend ................................................................................... 248 HR 1336-- Kupets, Ms. Courtney; Collegiate Woman Athlete of
the Year; congratulate.................................................................................. 248 HR 1337-- English, Dr. Carolyn McAdams; commend ................................................ 248 HR 1338-- Garcia, Mr. Rob; commend ......................................................................... 248 HR 1339-- Clark, Mr. George; condolences.................................................................. 248 HR 1340-- Jones, Mr. Marvin "Lefty"; condolences ..................................................... 248 HR 1341-- National Health Museum; recognize ........................................................... 248 HR 1342-- Womack, Mr. Roy Carlton; condolences .................................................... 249 HR 1343-- Georgia Academy of Audiology Day; commend &
invite representatives to the House .............................................. 246, 596, 601 HR 1344-- Lank, Ms. Michelle Smith; commend and invite to
House ........................................................................................... 246, 831, 841

6438

INDEX

HR 1345-- 2008 Child Fatality Review Committee of the Year; commend & invite to House ........................................................................ 246
HR 1346-- Yoculan, Coach Suzanne; commend and invite to House ....................................................................................... 246, 1148, 1165
HR 1347-- Portman, Mr. John Calvin; commend and invite to House ........................................................................................................... 247
HR 1348-- Eagle Scouts of Troop 47 from Newnan, Georgia; commend and invite to House ..................................................... 247, 326, 333
HR 1349-- Honorable Hugh D. Sosebee Bridge; Monroe County; dedicate ................................................................................................ 271, 297
HR 1350-- Dual Broadrick Memorial Highway; Whitfield County; dedicate ................................................................................................ 271, 297
HR 1351-- House Study Committee of Procurement Policies of Georgia Departments and Agencies Regarding Businesses Owned by Minorities and Women; create ............. 271, 297, 1232, 2896
HR 1352-- Reece, Sheriff Robert N. "Butch"; commend .............................................. 263
HR 1353-- Richards, Coach James "Friday"; commend ............................................... 263
HR 1354-- Alpha Kappa Alpha Day; Feb. 15, 2010; commend.................................... 263
HR 1355-- PAGE Day on Capitol Hill; Feb. 23, 2010; recognize ................................ 264
HR 1356-- Hasan Shriners Barbeque Festival; qualifier; recognize.............................. 264
HR 1357-- Congress; postpone effort to regulate greenhouse gases through Clean Air Act; request............................................................ 272, 297
HR 1358-- Sales and use tax; 25 percent to transportation; dedicate - CA...................................................................................................... 296, 325
HR 1359-- House Study Committee on Video Gambling Machines; create .................................................................................................... 297, 325
HR 1360-- Georgia Lottery Corporation; review policies to include incentive and bonus payments; urge.......................................... 297, 325, 1147
HR 1361-- Georgia Lottery Corporation; review policies to include incentive and bonus payments; urge.......................................... 297, 325, 1147
HR 1362-- Boy Scouts of America program; 100th anniversary; commend...................................................................................................... 284
HR 1363-- Community Health Centers Day; Feb. 11, 2010; recognize...................................................................................................... 284
HR 1364-- Earth Hour; Saturday, March 27, 2010, from 8:30 P.M. to 9:30 P.M.; recognize................................................................................ 284
HR 1365-- Chatham Co. Commission; Savannah Econ. Dev. Authority; Imperial Sugar; commend.......................................................... 284
HR 1366-- Clark, Mr. Wilson Burford, Jr.; commend................................................... 284
HR 1367-- Jordan, Hayden; commend .......................................................................... 284

INDEX

6439

HR 1368-- Netherlands Day at the state capitol; Feb. 23, 2010; recognize...................................................................................................... 284
HR 1369-- Mount Nebo United Methodist Church; 150th anniversary; commend................................................................................. 285
HR 1370-- Backus, Mrs. Denise; commend .................................................................. 285 HR 1371-- Kennedy, Mr. Alan; commend .................................................................... 285 HR 1372-- Derochers, Luke; commend......................................................................... 285 HR 1373-- Curry, McKennah; commend ...................................................................... 285 HR 1374-- Shults, Eddie; commend .............................................................................. 285 HR 1375-- Jones, Phillip Micah; commend................................................................... 285 HR 1376-- Abel, Emma; commend ............................................................................... 286 HR 1377-- Senior Week at the state capitol; Feb. 23, 2010;
recognize...................................................................................................... 286 HR 1378-- Shapiro, Noah William; commend .............................................................. 286 HR 1379-- Rope, Evan Marshall; commend.................................................................. 286 HR 1380-- Wilkins, Dominique; NBA Hall of Famer; Georgia's
Diabetes Ambassador; recognize................................................................. 286 HR 1381-- Ga. Perimeter Col.; Atl. Center for Civ. Engagement;
Service Learning; recognize ........................................................................ 286 HR 1382-- Elkins, Mr. Jack; condolences ..................................................................... 286 HR 1383-- Loganville High School wrestling team; commend and
invite to House ......................................................................... 283, 1148, 1165 HR 1384-- Deputy Blake Gammill Memorial Highway; Douglas
County; dedicate .................................................................................. 324, 595 HR 1385-- Alpha Fowler, Jr., Memorial Bridge; Douglas County;
dedicate ................................................................................................ 324, 595 HR 1386-- Toccoa-Stephens County Day; Feb. 10, 2010; recognize ........................... 316 HR 1387-- Penamon, Mr. David "Junior", Jr.; commend.............................................. 316 HR 1388-- Miller, Lexie; commend .............................................................................. 316 HR 1389-- Brock, Mrs. Dawn; commend...................................................................... 316 HR 1390-- Chandler, Mr. Todd; commend ................................................................... 316 HR 1391-- Edwards, John; commend ............................................................................ 316 HR 1392-- Burn Awareness Week; Feb. 7-13, 2010; proclaim..................................... 316 HR 1393-- Hotel Indigo; Athens; commend.................................................................. 317 HR 1394-- Patriots Day; April 19, 2010; Patriots of the American
Revolution; recognize .................................................................................. 317 HR 1395-- Hall, Dr. David; president; University of the Virgin
Islands; commend ........................................................................................ 317 HR 1396-- Ehrhart, Earl "Quentin" Day, V; commend ................................................ 317 HR 1397-- Warner Robins American Little League; commend and
invite to House ................................................................................... 315, 3120

6440

INDEX

HR 1398-- Alpha Phi Alpha Fraternity, Inc.; commend and invite representatives to House .............................................................. 315, 596, 601
HR 1399-- Waller, Mr. Ronald L.; commend and invite to House ............... 316, 596, 601 HR 1400-- Congress; not transfer Guantanamo Bay detainees
within Georgia or United States; request.................................... 324, 595, 751, 1691
HR 1401-- Coroner; shall be county officer; provide - CA ........................... 324, 595, 751 HR 1402-- Thornell, Mr. Allen Keith; condolences ...................................................... 585 HR 1403-- Winn, Ms. Margel D.; commend ................................................................. 585 HR 1404-- Marchand, Mr. Doug J.; retirement; recognize............................................ 585 HR 1405-- Strozier, Mr. William C. "Billy"; commend................................................ 585 HR 1406-- Waller, Mr. Ronald L.; commend................................................................ 585 HR 1407-- Ray, Mr. Michael L.; commend................................................................... 585 HR 1408-- Harris, Mr. Charlie Frank; commend .......................................................... 585 HR 1409-- Boy Scouts of America Day at the state capitol; Feb.
11, 2010; recognize...................................................................................... 586 HR 1410-- United States President and Congress; secure borders;
reject 1986 legalization program repeat; urge ..................................... 713, 751 HR 1411-- Veazey, Chance; commend and invite to House ................................. 696, 699 HR 1412-- Perno, Coach David; commend and invite to House........................... 696, 699 HR 1413-- Dillon, Mr. Mike; commend and invite to House................................ 696, 699 HR 1414-- Reece, Sheriff Robert N. "Butch"; commend and invite
to House ....................................................................................... 696, 831, 841 HR 1415-- Sandy Creek High School football team; commend and
invite to House ............................................................................. 696, 831, 841 HR 1416-- "Lawmakers"; 40th season; commend and invite to
House ........................................................................................... 696, 831, 841 HR 1417-- Hair Loss Summit Day in Georgia; Feb. 20, 2010;
recognize...................................................................................................... 697 HR 1418-- O'Neal, Dr. Patrick; commend..................................................................... 697 HR 1419-- Efird, Betty & Mike; commend ................................................................... 697 HR 1420-- Connally, Mrs. Elaine; condolences ............................................................ 697 HR 1421-- Hill, Mr. Walter Lee, Sr.; condolences........................................................ 697 HR 1422-- Johnson, Terry Mark; TJ and Friends Foundation, Inc.;
commend...................................................................................................... 697 HR 1423-- Reid, Coach Richard; 1,000th win; commend............................................. 697 HR 1424-- Strock, Mrs. Dori; commend ....................................................................... 697 HR 1425-- National Sorority of Phi Delta Kappa, Inc., Day; Feb.
17, 2010; recognize...................................................................................... 698 HR 1426-- DuBose, Mr. Edward O.; commend ............................................................ 698

INDEX

6441

HR 1427-- Emergency Medical Services Recognition Day; Feb. 18, 2010; recognize...................................................................................... 698
HR 1428-- Emergency Medical Services (EMS) Week; recognize............................... 698
HR 1429-- Gay, Ms. Pat; retirement; recognize ............................................................ 698
HR 1430-- Williams, Mr. Jeremy; commend ................................................................ 698
HR 1431-- Arneson, Mr. Mark E.; National Commander; Sons of the American Legion; commend ................................................................. 698
HR 1432-- Local ad valorem tax; reduce or eliminate with 1 percent sales tax; authorize - CA ......................................................... 713, 751
HR 1433-- Joint session; message from Chief Justice of Supreme Court; reschedule ................................................................................. 718, 719
HR 1434-- Charles Thomas Edwards Memorial Bridge; Jasper County; dedicate .................................................................................. 749, 830
HR 1435-- House Study Committee on Hotel-Motel Tax; create .............. 750, 830, 1505, 3478
HR 1436-- Wayt, Mr. John Augustus, Jr.; condolences ................................................ 733
HR 1437-- Grigsby, Mr. Richard Howard; condolences ............................................... 734
HR 1438-- Police chiefs; heads of law enforcement; commend.................................... 734
HR 1439-- Building Owners and Managers Association-Atlanta Day; Feb. 22, 2010; recognize..................................................................... 734
HR 1440-- Palmer, Grace; commend............................................................................. 734
HR 1441-- National Rural Electric Cooperative Association; commend...................................................................................................... 734
HR 1442-- McAbee, Coach Clint; commend ................................................................ 734
HR 1443-- Parkinson's Day at the state capitol; Feb. 18, 2010; recognize...................................................................................................... 735
HR 1444-- Lupus Awareness Day at the state capitol; Feb. 17, 2010; declare................................................................................................ 735
HR 1445-- Platt, "General" Larry; commend and invite to House ................................ 733
HR 1446-- State Transportation Board; members term of office; limit - CA ..................................................................................... 750, 830, 948
HR 1447-- Omega Psi Phi Fraternity, Inc.; Feb. 18, 2010; commend & invite members to House ........................................................ 813
HR 1448-- Ad valorem tax exemption; net job producing jurisdictions; provide - CA ........................................................ 750, 830, 1232
HR 1449-- Georgia Composite Medical Board; surgery and anesthesia; establish regulations; urge...................................... 827, 897, 1119, 2263, 2296, 2845
HR 1450-- SFC John Beale Hero's Highway; Henry County; dedicate ................................................................................................ 827, 897
HR 1451-- Rogers, Kenny; commend and invite to House ........................................... 809

6442

INDEX

HR 1452-- Jones, Reverend Warren L.; commend and invite to House ........................................................................................... 810, 831, 841
HR 1453-- Scott, Mrs. Ella Young; commend and invite.......................... 810, 2249, 2263 HR 1454-- Black Doll Affair Social Movement; commend and
invite to House ............................................................................................. 810 HR 1455-- Irvin, Commissioner Tommy; commend and invite to
House ....................................................................................... 810, 3459, 3476 HR 1456-- Lane, Honorable Roger B.; commend ......................................................... 810 HR 1457-- Phi Beta Sigma Fraternity, Inc.; commend.................................................. 810 HR 1458-- Zeta Phi Beta Sorority; commend................................................................ 811 HR 1459-- Smith, Chaplain Donald G.; commend........................................................ 811 HR 1460-- Tanner, Mr. Tony; commend....................................................................... 811 HR 1461-- Esco, Terry; police chief of Braselton, Georgia;
commend...................................................................................................... 811 HR 1462-- Braselton, Mr. Henry Edward; condolences................................................ 811 HR 1463-- Johnson, Mr. Cedric J.; commend ............................................................... 811 HR 1464-- Phillips, Mr. Eddie; condolences ................................................................. 811 HR 1465-- McCauley, Sarah; commend........................................................................ 812 HR 1466-- Evans, Mrs. Willie Mae; 100th birthday; recognize.................................... 812 HR 1467-- Ga. Council on Aging; District 44 Senior Citizens Day;
Feb. 24, 2010; recognize.............................................................................. 812 HR 1468-- Lovett, Chief Willie C.; Chief of Police; Savannah-
Chatham; commend ..................................................................................... 812 HR 1469-- Johnson, Mr. Forest, Sr.; condolences......................................................... 812 HR 1470-- Transit Day in Georgia; Feb. 18, 2010; recognize....................................... 812 HR 1471-- Tate, Mrs. Bettina Polite; commend ............................................................ 812 HR 1472-- Geiger, Laura & Walter; commend ............................................................. 813 HR 1473-- Savannah Chapter #159 of the Order of the Eastern
Star, Prince Hall; commend ......................................................................... 813 HR 1474-- T.C. Coogle Memorial Bridge; Oglethorpe County;
dedicate ................................................................................................ 827, 897 HR 1475-- Veterans' Memorial Highway; Peach County; dedicate ...................... 827, 897 HR 1476-- General Assembly; veto sessions; provide - CA ................................. 828, 897 HR 1477-- Walter Curtis Butler, Jr. Memorial Bridge; Morgan
County; near US 278; dedicate ............................................................ 828, 897 HR 1478-- Walter Curtis Butler, Jr. Memorial Bridge; Morgan
County; over I-20; dedicate ................................................................. 828, 897 HR 1479-- SP-5 Harry E. Chesser Memorial Bridge; Brantley
County; dedicate .................................................................................. 828, 897 HR 1480-- Lottery funds; used for programs to assist learning
disabled children; provide - CA........................................................... 828, 897

INDEX

6443

HR 1481-- Murphy, Thomas B.; official portrait; provide ceremony; honor .......................................................................................... 875
HR 1482-- Harry L. Portier Memorial Bridge; Irwin County; dedicate ................................................................................................ 895, 960
HR 1483-- Rev. H.G. Jarrard Memorial Intersection; Hall County; dedicate ................................................................................................ 895, 960
HR 1484-- United States Congress; not pass legislation preventing state from collecting third-party hotel-motel tax; request ................... 895, 960
HR 1485-- Professional Standards Commission; Certification and Professional Learning Task Force; create.................................. 895, 960, 1084
HR 1486-- Georgia law enforcement officers; write citations legibly; urge ......................................................................................... 896, 960
HR 1487-- Community Health, Department of; data collection of chronic obstructive pulmonary disease; pass regulations.................... 896, 960
HR 1488-- Desselle, Mrs. Gwen; 2010 Ga. Teacher of the Year; commend and invite to House ..................................................... 874, 898, 906
HR 1489-- Junior Leagues of Georgia; commend and invite members to House ................................................................... 874, 1148, 1165
HR 1490-- Houts, Ashley; commend and invite to House ............................ 875, 898, 906
HR 1491-- Gatewood Lady Gators basketball team; commend and invite to House ......................................................................... 875, 1148, 1165
HR 1492-- St. Patrick's Day Parade committee; commend and invite members to House ........................................................... 875, 961, 1028
HR 1493-- Peoples, Ms. Dottie; commend and invite to House.................................... 875
HR 1494-- Peoples, Ms. Dottie; commend.................................................................... 875
HR 1495-- Desselle, Gwen; commend .......................................................................... 876
HR 1496-- Trimm, Dr. Cindy; commend ...................................................................... 876
HR 1497-- Girl Scout Day at the state capitol; March 12, 2010; recognize...................................................................................................... 876
HR 1498-- Links Day at the state capitol; March 10, 2010; recognize...................................................................................................... 876
HR 1499-- Jones, Reverend Michael A.; 55th pastoral anniversary; recognize...................................................................................................... 876
HR 1500-- American Legion Post 143; 75th anniversary; recognize............................ 876
HR 1501-- Welch, Mrs. Tina Lawson; condolences...................................................... 876
HR 1502-- Crawford, Deputy Davy Wayne "Dave"; condolences................................ 876
HR 1503-- Davis, Mr. Desse Ervin; commend.............................................................. 877
HR 1504-- Strayhorn, Ms. Terri; commend................................................................... 877
HR 1505-- Conner, Miss Whitney Leah; 2010 Georgia Watermelon Queen; commend ......................................................................................... 877
HR 1506-- Barr, Sergeant Charles; commend ............................................................... 877
HR 1507-- Stephens, General Robert "Steve"; commend ............................................. 877

6444

INDEX

HR 1508-- Zellman, Mr. Anton J.; commend................................................................ 877 HR 1509-- Hale, Reverend Dr. Wimbley, Jr.; commend............................................... 877 HR 1510-- American Red Cross Month in Georgia; March 2010;
proclaim ....................................................................................................... 877 HR 1511-- Clergy Day at the state capitol; March 9, 2010;
recognize...................................................................................................... 877 HR 1512-- Dialysis Patient Citizens; Georgia Dialysis Day; March
3, 2010; recognize........................................................................................ 878 HR 1513-- State highway system; certain portions; dedicate..................... 896, 960, 1356,
2029, 4838, 5401 HR 1514-- Adjournment; relative to...................................................................... 903, 936 HR 1515-- Georgia Commission For Entrepreneurship Excellence;
create ........................................................................................ 957, 1083, 1505 HR 1516-- United States Congress; not decommission Coast Guard
Security Team 91108; urge..................................................... 957, 1083, 1400, 1608
HR 1517-- United States Congress; fully fund Resources Conservation and Development Program; urge....................... 958, 1083, 3413
HR 1518-- Cox, Bobby; commend and invite to House................................................ 938 HR 1519-- Peoples, Dottie; Clergy Day; commend ...................................................... 939 HR 1520-- Lee, Pastor Eric Wendell; commend ........................................................... 939 HR 1521-- Tyre, Apostle Jacquie; commend ................................................................ 939 HR 1522-- Moss, Pastor Marvin; commend .................................................................. 939 HR 1523-- Bronner, Pastor Nathaniel; commend.......................................................... 939 HR 1524-- Alvarado, Dr. Toni; commend..................................................................... 939 HR 1525-- McKenzie, Sabrina; commend..................................................................... 939 HR 1526-- Harris, C.J.; commend ................................................................................. 940 HR 1527-- Omalami, Dr. Elizabeth; commend ............................................................. 940 HR 1528-- Trimm, Dr. Cindy; commend ...................................................................... 940 HR 1529-- Mikkilinen, Dr. Hyma Vati; commend........................................................ 940 HR 1530-- Green, Dr. Valeria Tate; commend.............................................................. 940 HR 1531-- Hawkins, Bishop Gary; commend............................................................... 940 HR 1532-- Bullock, DeeDee; commend ........................................................................ 940 HR 1533-- Hopkins, Dr. Jamal; commend .................................................................... 940 HR 1534-- Thurmond, Michael; commend ................................................................... 941 HR 1535-- DeJan, Talein; commend ............................................................................. 941 HR 1536-- Lapidus, Rabbi Loren Filson; commend ..................................................... 941 HR 1537-- Taylor, Dr. Hope; commend ........................................................................ 941 HR 1538-- Wall, Russell; commend .............................................................................. 941 HR 1539-- Hill, Marian; commend................................................................................ 941

INDEX

6445

HR 1540-- Thurston, Gene; commend........................................................................... 941 HR 1541-- Restrepo, Chelsie Marie; commend............................................................. 941 HR 1542-- Barber, Lynn; commend .............................................................................. 942 HR 1543-- Mixon, Cynthia; commend .......................................................................... 942 HR 1544-- Mixon, Cynthia; commend .......................................................................... 942 HR 1545-- Smith, Katy; commend ................................................................................ 942 HR 1546-- Specht, Geni; commend............................................................................... 942 HR 1547-- Andraszek, Robert; commend ..................................................................... 942 HR 1548-- Moore, Ginger; commend............................................................................ 942 HR 1549-- Maxwell, Judy; commend............................................................................ 942 HR 1550-- Shinn, Anthony; commend .......................................................................... 942 HR 1551-- McElhenney, Christi; commend .................................................................. 943 HR 1552-- Keebler, John; commend ............................................................................. 943 HR 1553-- Murray, Jamie; commend ............................................................................ 943 HR 1554-- Maddox, Bonnie; commend......................................................................... 943 HR 1555-- Dugan, Mark; commend .............................................................................. 943 HR 1556-- Farley, Andrea; commend............................................................................ 943 HR 1557-- Marks, Reverend Jack; commend................................................................ 943 HR 1558-- Coronel, Jenny; commend ........................................................................... 943 HR 1559-- Crudup, Alisa; commend ............................................................................. 944 HR 1560-- Crawford, Nichole; commend ..................................................................... 944 HR 1561-- Anderson, Dinah; commend ........................................................................ 944 HR 1562-- Brown, Ralph; commend ............................................................................. 944 HR 1563-- Solomon's Porch Ministries; commend ....................................................... 944 HR 1564-- Pridemore, Jamie; commend ....................................................................... 944 HR 1565-- Valdosta State University; commend .......................................................... 944 HR 1566-- Chancy, Patrick; commend .......................................................................... 944 HR 1567-- Anderson, Mr. Richard A.; commend ......................................................... 945 HR 1568-- Conine, Mr. James L.; commend................................................................. 945 HR 1569-- Early County 2055; Birdsong Peanut Company;
commend...................................................................................................... 945 HR 1570-- 8th Global Mural Arts & Cultural Tourism Assoc.
Conference; commend ................................................................................. 945 HR 1571-- Cheely, Honorable Selma Parris; condolences............................................ 945 HR 1572-- Stowe, Officer Scott; commend................................................................... 945 HR 1573-- Caldwell, Mr. Daniel "Dan" David; condolences........................................ 945 HR 1574-- Cleveland, Mr. Alton Jerry, Sr.; condolences.............................................. 945 HR 1575-- Waggoner, Honorable John; commend ....................................................... 946 HR 1576-- Turner, Mr. Cecil; condolences ................................................................... 946

6446

INDEX

HR 1577-- Gilbert, Ms. Andrea Allison; commend ...................................................... 946
HR 1578-- Dewberry, Mr. John K.; commend .............................................................. 946
HR 1579-- DeCotis, Dr. John; commend....................................................................... 946
HR 1580-- Green, Conner; commend ............................................................................ 946 HR 1581-- Roberts, Ms. Becky; commend.................................................................... 946
HR 1582-- Monticello First United Methodist Church; commend................................ 946
HR 1583-- Georgia Institute of Technology; commend ................................................ 947
HR 1584-- Wilson, Mr. Michael A "Mickey"; condolences ......................................... 947
HR 1585-- Registered Dieticians Day at the state capitol; March 10, 2010; recognize...................................................................................... 947
HR 1586-- Catholic Day at the state capitol; March 10, 2010; recognize...................................................................................................... 947
HR 1587-- Council on Aging; District 44 Senior Citizens Day; March 10, 2010; recognize .......................................................................... 947
HR 1588-- State of Georgia property; certain counties; nonexclusive easements; authorize......................................... 958, 1083, 1391, 1564, 4810
HR 1589-- County functions; more than 80 percent of land in one or more municipal corporations; limit - CA ...................................... 959, 1083
HR 1590-- Colleges of agriculture; Department of Agriculture jurisdiction; transfer - CA ................................................................ 1078, 1147
HR 1591-- Young Marines of Metro Atlanta; commend and invite to House ................................................................................. 1030, 2326, 2330
HR 1592-- Betty, Kathy; Atlanta Dream owner; commend and invite to House ....................................................................... 1030, 3413, 3428
HR 1593-- McCoughtry, Ms. Angel; 2009 WNBA Rookie of the Year; commend and invite to House ..................................... 1030, 3413, 3428
HR 1594-- Meadors, Coach Marynell; 2009 WNBA Coach of the Year; commend & invite to House ........................................ 1031, 3413, 3428
HR 1595-- Perkins, Mr. Calvin Douglas; condolences................................................ 1031
HR 1596-- Butler-McIntyre, Mrs. Cynthia M.A.; commend....................................... 1031 HR 1597-- Georgia State Patrol Post 19; commend .................................................... 1031
HR 1598-- Wilson, Steve; Walker County Sheriff; commend .................................... 1031
HR 1599-- Hutcheson Medical Center Laboratory; Lab Week; April 18-24, 2010; recognize ..................................................................... 1031
HR 1600-- Richwagen, Nick; commend...................................................................... 1031
HR 1601-- Mishou, Tom; condolences........................................................................ 1032
HR 1602-- Cub Scout Pack 3052; commend............................................................... 1032
HR 1603-- Keenan, Vernon; Georgia Bureau of Investigation Director; commend .................................................................................... 1032
HR 1604-- Day, Dean Burke; birth; honor .................................................................. 1032

INDEX

6447

HR 1605-- Broy, Mr. Andrew; commend.................................................................... 1032 HR 1606-- Johnson, Mr. James S. "Jimmy"; condolences .......................................... 1032 HR 1607-- Griffin Lodge #1207; Benevolent and Protective Order
of Elks; recognize ...................................................................................... 1032 HR 1608-- Rice, Mr. George Erskine; condolences .................................................... 1033 HR 1609-- Shearron, Dr. Gilbert F.; commend ........................................................... 1033 HR 1610-- Kicklighter, Kella L.; commend ................................................................ 1033 HR 1611-- Parish, Katherine; commend...................................................................... 1033 HR 1612-- Anderson, Paul W.; commend ................................................................... 1033 HR 1613-- Martin, Stephanie; commend..................................................................... 1033 HR 1614-- Carson, Jerri R.; commend ........................................................................ 1033 HR 1615-- Williams, Marielle; commend ................................................................... 1033 HR 1616-- Mock, Andrew J.; commend...................................................................... 1034 HR 1617-- Heath, Joshua M.; commend ..................................................................... 1034 HR 1618-- Ford, D'aia; commend................................................................................ 1034 HR 1619-- Chapman, David L.; commend.................................................................. 1034 HR 1620-- Hennen, Laurie Ann; commend................................................................. 1034 HR 1621-- Lee, Chia-chi; commend............................................................................ 1034 HR 1622-- Sykes, Taylor Darice; commend................................................................ 1034 HR 1623-- Shelnutt, Matthew Brian; commend .......................................................... 1035 HR 1624-- Andrews, Rayna J.; commend ................................................................... 1035 HR 1625-- Timmons Kristin S.; commend.................................................................. 1035 HR 1626-- Taylor, Kristin N.; commend..................................................................... 1035 HR 1627-- Yambert, Whitney de; commend ............................................................... 1035 HR 1628-- Johnson, Jennifer Nichole; commend........................................................ 1035 HR 1629-- Beasley, Cassie; commend ........................................................................ 1035 HR 1630-- Blackmon, Tonya J.; commend ................................................................. 1036 HR 1631-- Dorner, Stephen Christopher; commend ................................................... 1036 HR 1632-- Hambrick, Roxanne; commend ................................................................. 1036 HR 1633-- Gann, Brittany Sumner; commend ............................................................ 1036 HR 1634-- Hartt, Ashley; commend ............................................................................ 1036 HR 1635-- Watkins, Vincent Y.; commend................................................................. 1036 HR 1636-- Springer, Leah O.; commend..................................................................... 1036 HR 1637-- Ayers, David C.; commend ....................................................................... 1037 HR 1638-- Tooley, Kate; commend............................................................................. 1037 HR 1639-- Arnold, Elana Eurelle; commend .............................................................. 1037 HR 1640-- Staskevicius, Alina; commend................................................................... 1037 HR 1641-- Blum, Connie D.; commend ...................................................................... 1037 HR 1642-- Thompson, Lemaro R.; commend ............................................................. 1037

6448

INDEX

HR 1643-- Morgan, Mary; commend .......................................................................... 1037
HR 1644-- Lee, Tien; commend .................................................................................. 1038
HR 1645-- Walker, Charles O.; commend................................................................... 1038
HR 1646-- President Obama and Congress; reject legalizing illegal aliens; urge............................................................................ 1079, 1147, 1507, 2301
HR 1647-- Dolph Fuller, Jr. Memorial Bridge; Gordon County; dedicate ............................................................................................ 1079, 1147
HR 1648-- Public safety and transportation commissioners; increase maximum speed limit on parts of Interstate 185; urge ............................................................................... 1143, 1218, 1521, 2117
HR 1649-- Georgia Congressional Delegation; support legislation to prevent carbon emissions regulation; urge .................................. 1143, 1218
HR 1650-- Governor and Attorney General; sue Environmental Protection Agency to prevent carbon emissions regulation; urge ................................................................................ 1143, 1218
HR 1651-- General Assembly; local education boards pay election expenses; require - CA..................................................................... 1082, 1147
HR 1652-- Excise tax; cigarettes; proceeds to health care; provide CA .................................................................................................... 1082, 1147
HR 1653-- Williams, Mr. Jeremy; Williams Family; commend and invite to House ....................................................................... 1131, 1148, 1165
HR 1654-- Smith, Chief Hubert L. "Frog"; commend and invite to House ..................................................................................... 1131, 1148, 1166
HR 1655-- Peebles, Captain Tim; condolences; invite family to House ..................................................................................... 1131, 2249, 2264
HR 1656-- Campbell, Mr. Larry; commend and invite to House............ 1131, 2249, 2264
HR 1657-- Brooks, Mr. Joseph Daniel "Jody"; recognize fundraiser; condolences ............................................................................. 1131
HR 1658-- Bevino, Mr. Billy L.; condolences............................................................. 1132
HR 1659-- QT Kitchens; Quik Trip Corporation; commend....................................... 1132
HR 1660-- Technology Student Association & Robotics Teams of Sol C. Johnson H.S.; commend ................................................................. 1132
HR 1661-- Benitez, Camilo; commend ....................................................................... 1132
HR 1662-- 2012 U.S. Hispanic Chamber of Commerce Nat'l. Convention/Business Expo; commend ...................................................... 1132
HR 1663-- Vanapalli, Dr. Tulasi R.; commend ........................................................... 1132
HR 1664-- Shumaker, Deputy Yolanda; commend..................................................... 1132
HR 1665-- Babb, Police Sergeant Robert Joel; retirement; recognize.................................................................................................... 1132
HR 1666-- 2010 Georgia Cotton Queens; commend................................................... 1133

INDEX

6449

HR 1667-- McLeod, Laura Lyn; Miss University of Georgia 2010; commend.................................................................................................... 1133
HR 1668-- Davis, Mrs. Ruby Watson; 100th birthday; celebrate ............................... 1133
HR 1669-- YMCA of Georgia's Youth Assembly; commend..................................... 1133
HR 1670-- Hayes, Mr. Abbott Swift; condolences...................................................... 1133
HR 1671-- Dill, Mr. William F. "Bill"; condolences................................................... 1133
HR 1672-- Bennett, Mr. J. Woodfin "J.W."; condolences........................................... 1133
HR 1673-- Barnett, Sylvester & Patricia; commend; 50th anniversary; recognize ............................................................................... 1133
HR 1674-- Erwin, R.L. & Helen; 70th wedding anniversary; recognize.................................................................................................... 1134
HR 1675-- Gay, Barbara & Richard; commend .......................................................... 1134
HR 1676-- Bryant, Mr. Harold Eugene; condolences.................................................. 1134
HR 1677-- Walls, William & Vera; 75th wedding anniversary; commend.................................................................................................... 1134
HR 1678-- Denmark, Dr. Leila; 112th birthday; celebrate.......................................... 1134
HR 1679-- Columbus Day at the state capitol; March 18, 2010; recognize.................................................................................................... 1134
HR 1680-- Hunt, Reverend Dr. Johnny M.; commend................................................ 1134
HR 1681-- Motor fuel tax; jet and aviation gasoline; maintain public-use airports; provide - CA .................................................... 1143, 1218
HR 1682-- Joint session; message from Chief Justice of Supreme Court ................................................................................................ 1135, 1151
HR 1683-- Regional grand juries; create - CA .................................................. 1215, 1400
HR 1684-- Coffee County Veterans Highway; Coffee County; dedicate ............................................................................................ 1215, 1400
HR 1685-- Mark Burkhalter Parkway; Fulton County; dedicate............. 1215, 1400, 1522
HR 1686-- LCPC Seth Sharp Memorial Intersection; Bartow County; dedicate ................................................................... 1215, 1400, 1522, 1734, 4838
HR 1687-- First SGT John David Blair Memorial Intersection; Gordon County; dedicate ................................................................. 1215, 1400
HR 1688-- Southern Polytechnic State Univ. baseball team; commend and invite to House ............................................... 1167, 1440, 1450
HR 1689-- Gilmer H.S. wrestling team; Class AAA State Championship title; congratulate............................................................... 1167
HR 1690-- Georgia Rides to the Capitol Day; March 23, 2010; declare ........................................................................................................ 1167
HR 1691-- Laur, Ben; commend.................................................................................. 1167
HR 1692-- Hendry, Isabella; commend ....................................................................... 1167
HR 1693-- Howell, Elizabeth; commend..................................................................... 1167

6450

INDEX

HR 1694-- Yuan, Jlayue; commend............................................................................. 1168 HR 1695-- Scales, Marieh; commend.......................................................................... 1168 HR 1696-- Harris, Marques; commend ....................................................................... 1168 HR 1697-- Eidson, Mandy; commend ......................................................................... 1168 HR 1698-- Alexander, Sarah; commend...................................................................... 1168 HR 1699-- Colberg, Claire Mai; commend ................................................................. 1168 HR 1700-- Pilot Club of Jones County; commend ...................................................... 1168 HR 1701-- Ryan Cameron Foundation; commend ...................................................... 1168 HR 1702-- Professional Sports Wives Association; commend ................................... 1168 HR 1703-- Sims, Mrs. Mary Louise McAfee; condolences ........................................ 1169 HR 1704-- Southern Smokehouse; commend.............................................................. 1169 HR 1705-- Morey, Jorge E. Roman; Peruvian Consul General;
commend.................................................................................................... 1169 HR 1706-- Sheals, Bishop William L.; commend ....................................................... 1169 HR 1707-- Martin, Pastor Ben C.; commend .............................................................. 1169 HR 1708-- Effingham County Hussars Chapter 2285; 50th
anniversary; recognize ............................................................................... 1169 HR 1709-- Keep Georgia Safe; Keep Georgia Safe Alert Network;
commend.................................................................................................... 1169 HR 1710-- West, Mr. Larry; condolences ................................................................... 1169 HR 1711-- Mathis, Mr. James, Sr.; condolences ......................................................... 1170 HR 1712-- SGT Jeffery Jordan Memorial Intersection; Floyd
County; dedicate .............................................................................. 1216, 1400 HR 1713-- Health Departments; support system for Georgians with
Disabilities; submit plan; request.......................................... 1216, 1400, 3000, 3491
HR 1714-- LaGrua, Shawn; bring impeachment charges.................................. 1216, 1400 HR 1715-- House Motor Fuel Tax Study Committee; create ............................ 1216, 1400 HR 1716-- Governor and transportation commissioner; acquire
federal transit funding; urge............................................................. 1216, 1400 HR 1717-- Willie Lee Duckworth Highway; Washington County;
dedicate ............................................................................................ 1398, 1438 HR 1718-- Becker, Dr. Mark; commend and invite to House ................. 1358, 2857, 2895 HR 1719-- Great. Atlanta Christian School boys' basketball team;
commend & invite to House .................................................. 1359, 2326, 2330 HR 1720-- Perry, Tyler; humanitarian efforts; commend and invite
to House ..................................................................................................... 1359 HR 1721-- Lockhart, Reverend Benjamin, Jr.; commend ........................................... 1359 HR 1722-- Georgia's public school psychologists; commend ..................................... 1359 HR 1723-- Welcome Home Vietnam Veterans Day; March 30,
2010; recognize.......................................................................................... 1359

INDEX

6451

HR 1724-- Sergeant Billy Freeman Chapter 317; National Korean War Veterans Assoc.; commend................................................................ 1359
HR 1725-- Boys & Girls Clubs of Georgia's 2010 Youth of the Year; commend.......................................................................................... 1360
HR 1726-- Monroe County Retired Educators Association; commend.................................................................................................... 1360
HR 1727-- Garner, Dr. Cyler D.; commend ................................................................ 1360 HR 1728-- Gerrald, Terry; 2009 Vidalia Onion Grower of the
Year; commend.......................................................................................... 1360 HR 1729-- Reynolds, Matthew David; commend ....................................................... 1360 HR 1730-- Rowell, Caitlin; commend ......................................................................... 1360 HR 1731-- Cramer, Rachel; commend ........................................................................ 1360 HR 1732-- Berger, Brittany; commend ....................................................................... 1360 HR 1733-- Chatham, Haley; commend ....................................................................... 1361 HR 1734-- Gostin, Leslie; commend ........................................................................... 1361 HR 1735-- Rambeau, Kelly; commend ....................................................................... 1361 HR 1736-- Secretary of State and Board of Regents; Georgia
Capitol and State Museums; urge ......................................... 1398, 1438, 2857, 4873
HR 1737-- Georgia Tax Reform Commission; create ....................................... 1399, 1438 HR 1738-- Privateer, C. Joseph; commend ................................................................. 1428 HR 1739-- United States military; current and former members;
March 29, 2010; recognize ........................................................................ 1429 HR 1740-- Destiny Academy of Excellence; commend.............................................. 1429 HR 1741-- Africa Diaspora Day at the state capitol; March 18,
2010; recognize.......................................................................................... 1429 HR 1742-- Malcolm, Kirkland Douglas; commend .................................................... 1429 HR 1743-- Noble, Mr. William Francis, Sr.; condolences .......................................... 1429 HR 1744-- Walgren, Alexander Conrad; commend .................................................... 1429 HR 1745-- Ehlers, Preston William; commend ........................................................... 1429 HR 1746-- Crank, Connor Reed; commend ................................................................ 1429 HR 1747-- Stamberger, James Benjamin; commend................................................... 1430 HR 1748-- Merriam, George Capron, IV; commend................................................... 1430 HR 1749-- Corrigan, Mrs. Marie; Georgia Mother of the Year;
congratulate................................................................................................ 1430 HR 1750-- Grayson, Mrs. Helen ; commend ............................................................... 1430 HR 1751-- Georgia Commission on Family Violence; commend .............................. 1430 HR 1752-- Gunby, Mr. Edward Cooper; commend .................................................... 1430 HR 1753-- Poss, Mr. George William "Sonny"; commend......................................... 1430 HR 1754-- DeLong, Mr. Harold; condolences ............................................................ 1430

6452

INDEX

HR 1755-- Turner, Mr. Roy H., Sr.; condolences........................................................ 1431
HR 1756-- Holman, Mr. Grady, Jr.; commend............................................................ 1431
HR 1757-- Stone Mountain-Lithonia Alumni Chapter of Kappa Alpha Psi Fraternity; commend ................................................................. 1431
HR 1758-- Lighthouse Lymphedema Network; commend ......................................... 1431
HR 1759-- Skin Cancer Awareness Day; March 24, 2010; recognize.................................................................................................... 1431
HR 1760-- Zumwalt, Dr. Rosemary Lvy; commend ................................................. 1431
HR 1761-- Phillips, Dr. Rogsbert F.; commend .......................................................... 1431
HR 1762-- Bailey, Dr. Susan McGee; retirement; recognize ...................................... 1432
HR 1763-- Consumer Advocacy Group; Customer Satisfaction Network; recognize.................................................................................... 1432
HR 1764-- Correll, Mr. A.D. "Pete"; commend and invite to House ................ 1432, 4875
HR 1765-- Civil Air Patrol; commend and invite members to House ..................................................................................... 1432, 1440, 1450
HR 1766-- The Lewis Family; commend and invite to House................ 1432, 2302, 2309
HR 1767-- House Study Committee on Renewable Energy; create .................. 1437, 1518
HR 1768-- State Personnel Board; State Merit System of Personnel Administration; remove provisions - CA ........................................ 1437, 1518
HR 1769-- Aubrae Gunderson Memorial Highway; Rockdale County; dedicate .............................................................................. 1516, 1701
HR 1770-- Georgia Supreme Court Chief Justice; Georgia is republic, not democracy; inform...................................................... 1516, 1701
HR 1771-- March of Dimes Georgia Chapter Day; March 23, 2010; commend and invite to House ............................................... 1467, 3413, 3429
HR 1772-- Dyess, Robert M., Jr.; honor and invite to House ..................................... 1467
HR 1773-- Fannin County; Georgia; Trout Capital of Georgia; recognize.................................................................................................... 1467
HR 1774-- Twilight Twirlers; commend ..................................................................... 1467
HR 1775-- New Providence Baptist Church; 140th anniversary; commend.................................................................................................... 1467
HR 1776-- Searson-Ahad, Mrs. Makeda Darlene; condolences.................................. 1467
HR 1777-- Civil Air Patrol; service to Georgia; recognize ......................................... 1468
HR 1778-- Matthews, Mr. Warren Levon; condolences.............................................. 1468
HR 1779-- Nash, Cynthia B.; Liberian Consul General; commend ............................ 1468 HR 1780-- Knowles, Mr. Ralph; commend................................................................. 1468
HR 1781-- Motor fuels tax; fund grants to maintain public roads, bridges and public transit; provide - CA.......................................... 1516, 1701
HR 1782-- Boards of education; salary reductions for school administrators; urge ......................................................................... 1517, 1701
HR 1783-- House Study Committee on the Hotel Motel Tax; create................ 1438, 1518

INDEX

6453

HR 1784-- Casino gambling; dedicate taxation revenue; authorize CA .................................................................................................... 1517, 1701
HR 1785-- United States Congress; adopt legislation that promotes jobs and energy development; request............................................. 1517, 1701
HR 1786-- Capitol Art Standards Commission; sculpture replacement plaque; urge ................................................................. 1700, 2248
HR 1787-- Veterans Memorial Highway; Jenkins County; dedicate ................ 1700, 2248 HR 1788-- Veterans Memorial Highway; Screven County; dedicate ............... 1700, 2248 HR 1789-- Southland Academy H.S. 200-yard freestyle relay swim
team; commend & invite........................................................ 1566, 2249, 2264 HR 1790-- Voyles, Mr. Robert Townsend, Sr.; condolences ...................................... 1566 HR 1791-- Georgia Association of Educators; commend ........................................... 1567 HR 1792-- Colquitt, Mr. James A. "Jimmy"; condolences.......................................... 1567 HR 1793-- League of Women Voters of Georgia; 90th anniversary;
commend.................................................................................................... 1567 HR 1794-- Lawrence, John; condolences .................................................................... 1567 HR 1795-- Teaver, Mrs. Frances "Fran" Spikes; condolences .................................... 1567 HR 1796-- Fortuna, Mr. Louis John; condolences ...................................................... 1567 HR 1797-- Georgia State University Day at the state capitol; March
30, 2010; recognize.................................................................................... 1567 HR 1798-- Baisden, Mr. Michael; commend............................................................... 1568 HR 1799-- Adams, Reverend Dr. Joanna; retirement; recognize ................................ 1568 HR 1800-- Collins, Ms. Sharon D.; commend............................................................. 1568 HR 1801-- Columbia High School's boys and girls basketball
teams; commend ........................................................................................ 1568 HR 1802-- Bethany United Methodist Church; 95th anniversary;
commend.................................................................................................... 1568 HR 1803-- Nix, Mr. Milton E. "Buddy"; retirement; recognize.................................. 1568 HR 1804-- Decell, Ms. Jacquelyn S.; retirement; commend ....................................... 1568 HR 1805-- Godfrey, Coach William "Buck"; commend ............................................. 1569 HR 1806-- Adams, Mr. George William "Bill", Jr.; condolences ............................... 1569 HR 1807-- Grady High School Mock Trial Team; 2010; commend........................... 1569 HR 1808-- Clarke Central High School football team; congratulate........................... 1569 HR 1809-- Youth Sunday at Central Presbyterian Church;
commend.................................................................................................... 1569 HR 1810-- Osteogenesis Imperfecta Day at the state capitol; March
24, 2010; recognize.................................................................................... 1569 HR 1811-- Finley, Mrs. Annette; retirement; recognize.............................................. 1569 HR 1812-- Hatfield, Mr. Joe S.; condolences.............................................................. 1569 HR 1813-- Boys & Girls Club Day at the state capitol; March 26,
2010; commend.......................................................................................... 1570

6454

INDEX

HR 1814-- Walker, Mr. Reginald David; commend.................................................... 1570 HR 1815-- Hulsey, Mr. John Burl, Sr.; condolences ................................................... 1570 HR 1816-- Valentine, Dr. H.E. "Herb"; condolences .................................................. 1570 HR 1817-- Rhodes, Mrs. Loretta F.; condolences ....................................................... 1570 HR 1818-- Kimball, Cassandra; commend .................................................................. 1570 HR 1819-- Boys & Girls Clubs of Bartow County; 20th
anniversary; commend............................................................................... 1570 HR 1820-- Csar E. Chvez Day at the state capitol; March 31,
2010; recognize.......................................................................................... 1571 HR 1821-- Fripp-Vincent; Dr. Vikisha; commend ...................................................... 1571 HR 1822-- Attorney General Thurbert Baker; challenge federal
health care reform legislation; urge ....................................... 1518, 1701, 2310 HR 1823-- United States Department of Defense, Congress, and
administration; continue Yucca Mountain development; urge ........................................................................................ 1701, 2248, 3439 HR 1824-- Attorney General of Georgia; file lawsuit challenging Public Law 111-148; direct ............................................................. 1701, 2248 HR 1825-- Georgia's rights; nullify federal law that violates the United States Constitution; affirm ................................................... 2247, 2279 HR 1826-- Georgia Building Authority; additional disabled persons parking; urge .......................................................................... 2247, 2279, 2296 HR 1827-- Freeman, Mrs. Madeline Spann; condolences........................................... 1764 HR 1828-- Horton, Herb; Gilmer High School's Coach; commend ............................ 1764 HR 1829-- Moore, Mr. Adger, Sr.; condolences ......................................................... 1764 HR 1830-- Cairer, Brittany; Miss Dacula Sweetheart 2009; commend.................................................................................................... 1764 HR 1831-- Torrence, Mr. Tony; commend.................................................................. 1764 HR 1832-- The Black Crowes; commend.................................................................... 1764 HR 1833-- Walker, Mr. Kevias; commend.................................................................. 1764 HR 1834-- Monts, Mr. Anthony; commend ................................................................ 1765 HR 1835-- Queen, Mr. Reese; commend..................................................................... 1765 HR 1836-- Brigadier General T.R.R. Cobb Camp #97; Sons of Confederate Veterans; recognize ............................................................... 1765 HR 1837-- Holston, Reverend Robert L.; 40th pastoral anniversary; recognize.................................................................................................... 1765 HR 1838-- Reeves, Mr. "Big" Rick; commend ........................................................... 1765 HR 1839-- Williams, Ms. Stephanie; commend.......................................................... 1765 HR 1840-- Reid, Ms. Stephanie; commend ................................................................. 1766 HR 1841-- Robinson, Mr. James Harold; commend ................................................... 1766 HR 1842-- Story, Mr. Ted; commend.......................................................................... 1766 HR 1843-- Solomon, Mr. Dorsey "Fox"; commend .................................................... 1766

INDEX

6455

HR 1844-- White, Mr. Cecil; commend ...................................................................... 1766 HR 1845-- Higginbottom, Mr. William Ray; commend.............................................. 1766 HR 1846-- Johnson, Ms. Ruby; commend................................................................... 1767 HR 1847-- Heard, Mr. Thad Reye; commend ............................................................. 1767 HR 1848-- Davis, Mr. Jessie; commend ...................................................................... 1767 HR 1849-- Ford, Mr. Clifton; commend...................................................................... 1767 HR 1850-- Gates, Mr. Reginald "Ray Ray"; commend............................................... 1767 HR 1851-- Edwards, Ms. Yvonne; commend.............................................................. 1767 HR 1852-- Henderson, Mr. Lawrence; commend ....................................................... 1768 HR 1853-- Brown, Mr. Daryl; commend..................................................................... 1768 HR 1854-- Cameron, Mr. Joey; commend................................................................... 1768 HR 1855-- Mitchell, Mr. Julius; commend.................................................................. 1768 HR 1856-- Williams, Mr. Daymetrie D.; commend .................................................... 1768 HR 1857-- Johnson, Mr. Willie Joe; commend ........................................................... 1768 HR 1858-- Lawrence, Mr. Jerome; commend ............................................................. 1769 HR 1859-- Brown, Mr. Charles "Chucky"; commend................................................. 1769 HR 1860-- Nettles, Ms. Jennifer; commend and invite to House............ 1763, 2249, 2264 HR 1861-- Breedlove, Mr. Michael W.; commend and invite to
House ..................................................................................... 1763, 2857, 2896 HR 1862-- Brown, Mr. Willie; commend and invite to House ............... 1763, 2249, 2264 HR 1863-- Ebersole, W. Daniel; commend and invite to House............. 1763, 2249, 2264 HR 1864-- Johnson, Paul; commend and invite to House ....................... 1764, 2249, 2264 HR 1865-- Environmental Protection Agency; cease carbon
dioxide reduction policies; urge....................................................... 2247, 2279 HR 1866-- Baker, Thurbert E.; impeachment charges; bring............................ 2278, 2301 HR 1867-- Gresham, Emma; Mayor of Keysville; commend and
invite to House ....................................................................... 2272, 2302, 2309 HR 1868-- Jelley, Mr. Matt; commend........................................................................ 2272 HR 1869-- Project Synergy; commend........................................................................ 2272 HR 1870-- Johnson, Reverend Andrew; 35th pastoral anniversary;
commend.................................................................................................... 2272 HR 1871-- Chroeng, Amy; commend.......................................................................... 2273 HR 1872-- Casteel, Mikaila; commend ....................................................................... 2273 HR 1873-- Wilson, Hayley; commend ........................................................................ 2273 HR 1874-- Brooks, Kelsey; commend......................................................................... 2273 HR 1875-- Alexander High School wrestling team; commend ................................... 2273 HR 1876-- Harrison, Mr. David E.; commend ............................................................ 2273 HR 1877-- Holman, Mr. Grady, Jr.; condolences........................................................ 2273 HR 1878-- Pendergrass, Mrs. Mildred Garrett; commend .......................................... 2273

6456

INDEX

HR 1879-- Malone, Mrs. Catherine "Cathy"; commend ............................................. 2274 HR 1880-- Lyles, Christine; commend ........................................................................ 2274 HR 1881-- May, Mrs. Patricia; commend ................................................................... 2274 HR 1882-- Windsor Academy; 40th anniversary; commend ...................................... 2274 HR 1883-- Brown, Christian Hope; commend ............................................................ 2274 HR 1884-- Fielding, Candida; commend..................................................................... 2274 HR 1885-- DeGrandis, Mr. Joseph; commend ............................................................ 2274 HR 1886-- Bennett, Andrew; commend ...................................................................... 2274 HR 1887-- Bache, William; commend ........................................................................ 2275 HR 1888-- Angles, Eleanor; commend........................................................................ 2275 HR 1889-- Georgia High School Association; athletes undergo
heart screenings; urge ...................................................................... 2278, 2301 HR 1890-- Augusta-Richmond County; form youth advisory
council; encourage ................................................................ 2278, 2301, 2857, 2860, 5355
HR 1891-- Community Health, Department of; services to those with Hepatitis B and C; urge ................................................. 2300, 2325, 3439
HR 1892-- Easterling, Colonel Charles; memorial marker; Camden County; dedicate .............................................................................. 2300, 2325
HR 1893-- Charles N. "Judy" Poag Memorial Highway; Murray County; dedicate .............................................................................. 2300, 2325
HR 1894-- Georgia's political bloggers; commend and invite to House ......................................................................................................... 2292
HR 1895-- Fearnow, Mrs. Kim; commend and invite to House.............. 2292, 2857, 2896 HR 1896-- Meyers, Elana; American Olympian; commend and
invite to House ....................................................................... 2292, 2326, 2330 HR 1897-- Term; "mental retardation"; unintended consequences;
recognize.................................................................................................... 2293 HR 1898-- Glenn, Mr. Mike; commend and invite to House ............................ 2293, 2296 HR 1899-- Schwall, Honorable Craig Laurence, Sr.; commend ................................. 2293 HR 1900-- Russell, Mrs. Sylvia E.; commend............................................................. 2293 HR 1901-- Thompson, Honorable Albert L.; commend.............................................. 2293 HR 1902-- Sitherwood, Mrs. Suzanne; commend ....................................................... 2293 HR 1903-- Marcus, Mr. Bernie; commend .................................................................. 2294 HR 1904-- Downs, Mr. John H., Jr.; commend........................................................... 2294 HR 1905-- Rivers, Joe Nathan; commend ................................................................... 2294 HR 1906-- Easterwood, Reverend Ralph; retirement; recognize ................................ 2294 HR 1907-- Community Clean-up to Green-up Day; commend................................... 2294 HR 1908-- Webb, Lillian; honor.................................................................................. 2294 HR 1909-- Ward, Mr. Matthew Warren; condolences ................................................ 2294

INDEX

6457

HR 1910-- E. Paulding H.S. Air Force Junior Res. Officers Train. Corp Drill Team; commend....................................................................... 2295
HR 1911-- Hitchens, Colonel William "Bill", Jr.; commend ...................................... 2295 HR 1912-- Stevenson, Mr. William Kameron; commend ........................................... 2295 HR 1913-- House Study Committee on Reducing Poverty and
Increasing Economic Security; create ................................... 2300, 2325, 3451 HR 1914-- Higginbotham, Mr. Stanley Leon; condolences ........................................ 2315 HR 1915-- Peoples, Mr. Kirk Terrance; condolences.................................................. 2315 HR 1916-- Stephenson, Reverend Dr. Tom; Central Christian
Church; commend...................................................................................... 2315 HR 1917-- Anderson, Mr. Leo D.; condolences.......................................................... 2315 HR 1918-- Gaskin, Lieutenant General Walter E.; commend ..................................... 2315 HR 1919-- Brown Middle School cheerleading squad; commend .............................. 2315 HR 1920-- Carter, Mrs. Delisia Marie; condolences ................................................... 2316 HR 1921-- Lemons, Kayla Michelle; condolences...................................................... 2316 HR 1922-- Mount Olive Baptist Church; commend.................................................... 2316 HR 1923-- Johnson, Mr. Tharon L.; commend ........................................................... 2316 HR 1924-- Georgia's political bloggers; commend ..................................................... 2316 HR 1925-- Howell, Mr. George Leslie; condolences .................................................. 2316 HR 1926-- Mills, Ms. Jeanne; commend ..................................................................... 2316 HR 1927-- Cathy, Mr. Dan T.; commend .................................................................... 2316 HR 1928-- Grube, Mr. Dick; condolences................................................................... 2317 HR 1929-- George Walton Academy Band; commend ............................................... 2317 HR 1930-- Loudermilk, Miss Sara Christiana; commend ........................................... 2317 HR 1931-- Parker, Mrs. Linda H.; commend .............................................................. 2317 HR 1932-- Georgia State Defense Force; commend ................................................... 2317 HR 1933-- Penfield Christian Homes; commend ........................................................ 2317 HR 1934-- Hector, Dr. Henry J.; commend................................................................. 2317 HR 1935-- LaFayette First United Methodist Church; commend ............................... 2318 HR 1936-- Brown, Mr. Roman; commend .................................................................. 2318 HR 1937-- George Walton Academy wrestling team; commend
and invite to House ................................................................ 2313, 2326, 2330 HR 1938-- WXIA-TV; Ted Hall; Matt Pearl; commend and invite
to House ................................................................................. 2313, 3413, 3429 HR 1939-- G.S.U.'s Legis. Health Policy Certificate Program;
commend & invite to House .................................................. 2314, 2857, 2896 HR 1940-- Whiddon, Mrs. Mattie Sue Edwards; commend and
invite to House ....................................................................... 2314, 3413, 3429 HR 1941-- George Walton Academy football team; commend and
invite to House ....................................................................... 2314, 2326, 2331

6458

INDEX

HR 1942-- Norcross High School girls basketball team; commend and invite to House ................................................................ 2314, 4797, 4811
HR 1943-- Norcross H.S.; GHSA Class AAAAA One-Act Play Champs; commend & invite to House .................................. 2314, 4797, 4811
HR 1944-- Stafford, Stephen, II; commend and invite to House ........... 2314, 2326, 2331 HR 1945-- Cox, Bobby; commend and invite to House.................................... 2315, 4875 HR 1946-- Community Health, Department of; educate public on
disposal of home-generated medical sharps; urge ................ 2324, 2856, 3439, 4947
HR 1947-- Baker, Thurbert; Attorney General for Georgia; commend.......................................................................................... 2324, 2856
HR 1948-- South Atlantic Fishery Management Council; not prohibit Atlantic Ocean bottom fishing; urge....................... 2325, 2856, 3411, 4891
HR 1949-- Bill Cummings Highway; Polk County; dedicate ........................... 2325, 2856 HR 1950-- Education, Department of; inform students about
dangers of explicit or graphic texts; urge .............................. 2855, 3005, 3451 HR 1951-- Brown, Mr. Anthony "T." Graham; commend and invite
to House ..................................................................................................... 2848 HR 1952-- O'Keeffe, Mr. David; Ms. Jackie Turner; commend ................................. 2848 HR 1953-- Lockhart, Reverend Benjamin, Jr.; commend ........................................... 2848 HR 1954-- Quinn, Melinda S.; honor .......................................................................... 2848 HR 1955-- March of Dimes; recognize ....................................................................... 2848 HR 1956-- China Council; recognize........................................................................... 2849 HR 1957-- Westmoreland, Mrs. Rosalind Smith; condolences................................... 2849 HR 1958-- Saint Philip African Methodist Episcopal Church Choir
#1; recognize.............................................................................................. 2849 HR 1959-- Dyess, Robert M., Jr.; honor...................................................................... 2849 HR 1960-- Lewis, Mr. Thomas C.; commend ............................................................. 2849 HR 1961-- Borders, Mr. A. Christopher; commend .................................................... 2849 HR 1962-- Taylor, Mark & Judith; commend ............................................................. 2849 HR 1963-- Smiley, Reverend Dr. Tom; commend ...................................................... 2849 HR 1964-- Georgia's power linemen; commend ......................................................... 2850 HR 1965-- Cox, Ms. Gwen Marie Martin; commend.................................................. 2850 HR 1966-- McKittrick, Dr. P. Douglas; commend...................................................... 2850 HR 1967-- Ramos, Cliff; Collins Hill wrestling coach; commend.............................. 2850 HR 1968-- Collins Hill High School wrestling team; congratulate............................. 2850 HR 1969-- Blackwater Grill; St. Simons Island, Georgia; recognize.......................... 2850 HR 1970-- Franklin County Middle School Technology Student
Association; commend............................................................................... 2850 HR 1971-- Obiglio, Mr. Damian; commend................................................................ 2851

INDEX

6459

HR 1972-- House Durable Medical Equipment Study Committee; create ................................................................................................ 2855, 3005
HR 1973-- House Study Committee on Property Law Modernization and Standardization; create ..................................... 3004, 3411
HR 1974-- Capitol Arts Standards Commission; hang portrait of Honorable Griffin Boyette Bell; request.......................................... 3004, 3411
HR 1975-- Milton High School boys basketball team; commend and invite to House ................................................................ 2906, 3006, 3023
HR 1976-- Terrell Academy Lady Eagles softball team; commend and invite to House .......................................................................... 2906, 3504
HR 1977-- Terrell Academy Lady Eagles basketball team; commend and invite to House ......................................................... 2906, 3504
HR 1978-- Terrell Academy football team; commend and invite to House ..................................................................................... 2907, 3504, 3505
HR 1979-- Penley, Mr. Steve; commend and invite to House ................ 2907, 4797, 4811
HR 1980-- Shumaker, Deputy Yolanda; commend and invite to House ......................................................................................................... 2907
HR 1981-- Ga. Young Repub. 2013 Committee for the Young Repub. Nat. Convention; recognize........................................................... 2907
HR 1982-- Monroe County, Georgia; Public Safety Capital of Georgia; recognize..................................................................................... 2907
HR 1983-- Jackson, Mr. Eli "Hooke", III; 100th birthday; honor ............................... 2907
HR 1984-- Watson, Mrs. Daisy Elizabeth Blanchard; condolences............................ 2907
HR 1985-- Yarbrough, Mr. John; condolences............................................................ 2908
HR 1986-- Dacula High School; 100th anniversary; commend .................................. 2908
HR 1987-- Williams, Deputy Willie James; condolences ........................................... 2908
HR 1988-- Sparta Baptist Church; 220th anniversary; commend ............................... 2908
HR 1989-- Brown, Walker Reese; birth; honor ........................................................... 2908
HR 1990-- Perry, Annice & Malcolm; 50th wedding anniversary; recognize.................................................................................................... 2908
HR 1991-- Georgia Lions Lighthouse Foundation; recognize .................................... 2908
HR 1992-- Lovett, Chief Willie C.; commend ............................................................ 2908
HR 1993-- Sajwan, Mr. Kenneth S.; commend ........................................................... 2909
HR 1994-- House Study Committee on Damages for Conversion of Timber; create ........................................................................ 3005, 3411, 3453
HR 1995-- Adjournment; relative to.................................................................. 3022, 3120
HR 1996-- Sheriff Charles W. Bryant Highway; Cook County; dedicate ............................................................................................ 3410, 3459
HR 1997-- Carrollton High School debate team; commend and invite to House ........................................................................................... 3033
HR 1998-- Stevens, Summer; commend ..................................................................... 3033

6460

INDEX

HR 1999-- McGlade, Patrick; commend ..................................................................... 3033 HR 2000-- Anderson, Trey; Anderson Construction Company;
commend.................................................................................................... 3033 HR 2001-- Baldwin, Mrs. Ruby Kay; condolences ..................................................... 3033 HR 2002-- Locke, Dr. Ivy Denise; condolences.......................................................... 3034 HR 2003-- Chattahoochee United Methodist Church; 150th
anniversary; recognize ............................................................................... 3034 HR 2004-- Bainbridge-Decatur County Chamber of Commerce;
commend.................................................................................................... 3034 HR 2005-- Newberry, Brandon Levi; commend ......................................................... 3034 HR 2006-- Wesleyan School girls basketball team; congratulate ............................... 3034 HR 2007-- Wesleyan School boys basketball team; congratulate ............................... 3034 HR 2008-- Duke, Mr. Donald; commend .................................................................... 3034 HR 2009-- Grissom, Reverend Harvey Meredith; condolences .................................. 3034 HR 2010-- Mountford, Alexander Collins; commend................................................. 3035 HR 2011-- Mallory, Daniel Lewis; commend ............................................................. 3035 HR 2012-- Blairsville Scottish Festival and Highland Games;
commend.................................................................................................... 3035 HR 2013-- Beasley, Mr. Joe; commend....................................................................... 3035 HR 2014-- Off, Louis; Tybee Island Beach Task Force; commend ............................ 3035 HR 2015-- Hall, Mr. Johnny; commend ...................................................................... 3035 HR 2016-- Columbia County 9-1-1 Center; employees; commend ............................ 3035 HR 2017-- Stone, Mr. James T. "Ted"; retirement; commend .................................... 3035 HR 2018-- Houston, Hobson "Hobby" Ware; birth; celebrate .................................... 3036 HR 2019-- English, Mrs. Anna E.; condolences.......................................................... 3036 HR 2020-- Howard, Sonja; commend.......................................................................... 3036 HR 2021-- Bleser, Carol; commend ............................................................................ 3036 HR 2022-- Famodou-lo, Nsombe; commend............................................................... 3036 HR 2023-- Dunlap, Shelley; commend........................................................................ 3036 HR 2024-- Thigpin, Vickie; commend ........................................................................ 3036 HR 2025-- Thorpe, Ahmad; commend ........................................................................ 3036 HR 2026-- Smith, Jennifer; commend ......................................................................... 3037 HR 2027-- Knight, Mr. Erwin L.; commend ............................................................... 3037 HR 2028-- Watkins, Ann-Cee; commend.................................................................... 3037 HR 2029-- Simmons, Christy; commend..................................................................... 3037 HR 2030-- Jones, Mr. Anthony "Tony"; commend ..................................................... 3037 HR 2031-- American Diabetes Assoc. Alert Day at the state
capitol; May 20, 2010; recognize .............................................................. 3037 HR 2032-- Thigpin, Ms. Vicki; commend................................................................... 3037 HR 2033-- Chambers, Methina; commend.................................................................. 3037

INDEX

6461

HR 2034-- Collins, 1st Lt. Robert; condolences.......................................................... 3038 HR 2035-- Chandler, Kathy; commend ....................................................................... 3038 HR 2036-- Citizen Stamp Advisory Committee; issue all-Hispanic
65th Infantry Regiment stamp; urge ................................................ 3410, 3459 HR 2037-- United States Department of Education; financial
support for Hispanic students; urge ................................................. 3410, 3459 HR 2038-- House Adult Mental Health and Disability Facilities
Study Committee; create.................................................................. 3410, 3459 HR 2039-- Joint Cherokee County Transportation Study and
Planning Commission; create ............................................... 3410, 3459, 4797, 4801
HR 2040-- Morgan, J. Tom; commend and invite to House ............................. 3443, 3450 HR 2041-- DeKalb County Boards of Education and
Commissioners; after school activities; provide.............................. 3411, 3459 HR 2042-- Israel; defense against Gaza Strip terrorism; solidarity................... 3458, 4796 HR 2043-- Day, Honorable Representative Burke; commend .................................... 3443 HR 2044-- Stockburger, Coach Margaret; commend .................................................. 3443 HR 2045-- Pratt, Mr. Larry; City Manager of Adairsville;
retirement; recognize ................................................................................. 3443 HR 2046-- Guest, Heather Kay; commend.................................................................. 3443 HR 2047-- Major, Kimberly Michelle; commend ....................................................... 3444 HR 2048-- Colbert, Amanda Elizabeth; commend...................................................... 3444 HR 2049-- Smith, Logan Joseph; commend................................................................ 3444 HR 2050-- Bevens, Stacie Elizabeth; commend.......................................................... 3444 HR 2051-- Taylor, Samuel John; commend ................................................................ 3444 HR 2052-- Matthews, Benjamin Lewis; commend ..................................................... 3444 HR 2053-- Clouatre, Symon Drew; commend ............................................................ 3444 HR 2054-- Reed, Courtney Dawn; commend.............................................................. 3444 HR 2055-- Donaldson, Dana Michelle; commend ...................................................... 3444 HR 2056-- LeCroy, Emma Catherine; commend ........................................................ 3445 HR 2057-- Polyakova, Ina; commend ......................................................................... 3445 HR 2058-- Meeks, Erin Elizabeth; commend.............................................................. 3445 HR 2059-- Bradshaw, Benjamin Tyler; commend ...................................................... 3445 HR 2060-- Scott, Chole Adele; commend ................................................................... 3445 HR 2061-- Seib, Matthew Tyler; commend ................................................................ 3445 HR 2062-- Penland, Joel Lee; commend ..................................................................... 3445 HR 2063-- Quick, Kristen Elizabeth; commend.......................................................... 3445 HR 2064-- Ertzberger, Morgan Paige; commend ........................................................ 3445 HR 2065-- Cartmill, Mary; commend ......................................................................... 3446

6462

INDEX

HR 2066-- Brown, Mr. Michael; Savannah City Manager; retirement; recognize ................................................................................. 3446
HR 2067-- Wilson, Mr. Mark; commend .................................................................... 3446 HR 2068-- Day, Honorable Burke; Retirement; Georgia House of
Representatives; recognize ........................................................................ 3446 HR 2069-- Thomas, Honorable Regina; commend ..................................................... 3446 HR 2070-- Roche, Joseph William; commend ............................................................ 3446 HR 2071-- Ector, Mrs. Claretha Smithers; commend.................................................. 3446 HR 2072-- Wells, Master Sergeant Lewis H., Jr.; condolences .................................. 3446 HR 2073-- Alpha Chi Lambda & the Eta Alpha Chap. of Alpha Phi
Alpha Frat., Inc.; commend ....................................................................... 3447 HR 2074-- Dye, Mr. Jerry B.; commend ..................................................................... 3447 HR 2075-- Willingham, Jesse; commend .................................................................... 3447 HR 2076-- Jordan, Mrs. Julie; recognize ..................................................................... 3447 HR 2077-- Petty, Scott; commend ............................................................................... 3447 HR 2078-- Nelson, Jared Hankins; commend ............................................................. 3447 HR 2079-- Busbin, Brenna Leeann; commend............................................................ 3447 HR 2080-- Broome, Michelle; commend .................................................................... 3448 HR 2081-- Daughtry, William; commend ................................................................... 3448 HR 2082-- Weeks, Stanley Luke; commend ............................................................... 3448 HR 2083-- Jeris, Keith Colton; commend ................................................................... 3448 HR 2084-- Rush, Tina; commend ................................................................................ 3448 HR 2085-- Dalton-Whitfield Chamber of Commerce; commend ............................... 3448 HR 2086-- Arp, Mr. Charles Henry, Sr.; condolences................................................. 3448 HR 2087-- National Day of Prayer; May 6, 2010; recognize ...................................... 3449 HR 2088-- European Union; Europe Day; May 9, 2010; recognize ........................... 3449 HR 2089-- Taiwan; relations with United States; commend ....................................... 3449 HR 2090-- Green, Brandy; commend .......................................................................... 3449 HR 2091-- Rees, Cheryl; commend............................................................................. 3449 HR 2092-- Byard, Ashley; commend .......................................................................... 3449 HR 2093-- Stenson, Amy; commend........................................................................... 3449 HR 2094-- Allen, Regina; commend ........................................................................... 3449 HR 2095-- Sanderson, Darayl; commend .................................................................... 3450 HR 2096-- Patrick, Amy; commend ............................................................................ 3450 HR 2097-- Camp, Donna; commend ........................................................................... 3450 HR 2098-- Del Valle, Teresa; commend ..................................................................... 3450 HR 2099-- Seegar, Lisa; commend.............................................................................. 3450 HR 2100-- Toccoa Life; Mr. & Mrs. Mattison; commend .......................................... 3450

INDEX

6463

HR 2101-- Romeo, Maggie Sue; her family; commend and invite to House ................................................................................. 3497, 3504, 3505
HR 2102-- Community Health, Department of; require Medicaid home pilot projects; urge ................................................................. 4796, 5173
HR 2103-- Richt, Coach Mark; commend and invite to House............... 3497, 4797, 4811 HR 2104-- King, Mr. Ross; new position; congratulate .............................................. 3497 HR 2105-- Africa Union Day at the state capitol; May 25, 2010;
recognize.................................................................................................... 3497 HR 2106-- Leavell, Mrs. Sandra Tookes; 50th birthday; celebrate............................. 3497 HR 2107-- Burrus, Ms. Kandi; commend.................................................................... 3497 HR 2108-- Scoggins, Mr. William H. "Bill"; condolences.......................................... 3498 HR 2109-- Hatfield, Chief G.B.; commend................................................................. 3498 HR 2110-- Caves, Mrs. Diane; condolences................................................................ 3498 HR 2111-- Ash, Mr. Robert L. "Bob", Jr.; retirement; recognize................................ 3498 HR 2112-- Oyinlola, Honorable Olagunsoye; commend ............................................ 3498 HR 2113-- Georgia Center for Child Advocacy; commend ........................................ 3498 HR 2114-- Greens, Lee & Gordon; commend............................................................. 3498 HR 2115-- Ga. farmers; challenge agri. organizations to promote
sustainability; commend ............................................................................ 3498 HR 2116-- Barker, Trevor Allan; commend................................................................ 3499 HR 2117-- Buice, Dr. Ralph L.; condolences.............................................................. 3499 HR 2118-- Inman, Miss Victoria; commend ............................................................... 3499 HR 2119-- Seay, Mr. Wayne; commend ..................................................................... 3499 HR 2120-- Cates, Mr. Paul; commend......................................................................... 3499 HR 2121-- Baxley, Mr. Ken; commend....................................................................... 3499 HR 2122-- Howard, Mr. Mike; commend ................................................................... 3499 HR 2123-- Jaudon, Ms. Patricia; commend................................................................. 3499 HR 2124-- Cowart, Mr. Travis; commend................................................................... 3500 HR 2125-- Massey, Mr. Chandler; commend.............................................................. 3500 HR 2126-- Nelson, Joseph D.; commend .................................................................... 3500 HR 2127-- Allstate Corporation; Mr. Thomas J. Wilson; commend........................... 3500 HR 2128-- Lundy, Dr. Douglas W.; commend............................................................ 3500 HR 2129-- Carpenter, Mr. G. David; commend .......................................................... 3500 HR 2130-- Lane, Honorable Bob; commend............................................................... 3500 HR 2131-- Temporary Administrative Assistants; 2010; House of
Representatives; commend ........................................................................ 3500 HR 2132-- Gabianelli, Eugene Joseph; commend....................................................... 3501 HR 2133-- Northeast Georgia Medical Center; commend .......................................... 3501 HR 2134-- Schaefer, Senator Nancy; condolences...................................................... 3501 HR 2135-- Samuel, Ms. Dorestine "Ms. Dee"; commend........................................... 3501

6464

INDEX

HR 2136-- Brown, Mr. Michael; commend................................................................. 3501 HR 2137-- Morris, Derrielle; commend ...................................................................... 3501 HR 2138-- Axmann, Sarah; commend......................................................................... 3501 HR 2139-- Johnson, Nichole; commend...................................................................... 3502 HR 2140-- Landtroop, Mark; commend ...................................................................... 3502 HR 2141-- Do, Holy; commend................................................................................... 3502 HR 2142-- Frame, Jennifer; commend ........................................................................ 3502 HR 2143-- Snyder, Mr. Robert "Bob"; commend ....................................................... 3502 HR 2144-- Adams, Marquitis; commend..................................................................... 3502 HR 2145-- Robertson, Ethan Burns; commend ........................................................... 3502 HR 2146-- Reineck, Nathan Daniel; commend ........................................................... 3502 HR 2147-- Gallego, Francis Bonnevie; commend....................................................... 3503 HR 2148-- Goldman, Matthew David; commend........................................................ 3503 HR 2149-- Crime Victims' Rights Week at the state capitol; April
18-24, 2010; recognize .............................................................................. 3503 HR 2150-- Fristoe, Jamie Stephen, Jr.; commend ....................................................... 3503 HR 2151-- Brumlow, Mrs. Jeanne Sims; condolences ................................................ 3503 HR 2152-- Duncan, First Sergeant Earl; commend ..................................................... 3503 HR 2153-- House Interns; 2010; Regular Session; commend ..................................... 3503 HR 2154-- Barnes, Mr. John; commend ...................................................................... 3503 HR 2155-- Alderman, Honorable Barton; commend................................................... 3504 HR 2156-- Waters, Donna; commend ......................................................................... 3504 HR 2157-- National Day of Prayer; recognize ............................................................ 3504 HR 2158-- Hamilton, Ms. Susan Saleska; commend .................................................. 4878 HR 2159-- Morgart, Gail; commend and invite to the House ........................... 4877, 5056 HR 2160-- Kagame, Honorable H.E. Paul; commend................................................. 4878 HR 2161-- Shoal Creek Baptist Church; 175th anniversary;
recognize.................................................................................................... 4878 HR 2162-- New, Brittany; commend........................................................................... 4878 HR 2163-- Bandy, Mr. Ryan; commend...................................................................... 4878 HR 2164-- Tollett, Ms. Tara; commend ...................................................................... 4878 HR 2165-- Burt, Mr. Howard J.; condolences ............................................................. 4878 HR 2166-- Burnette, Mr. William Herbert "Billy", Jr.; condolences .......................... 4879 HR 2167-- Jackson, Ms. Luvenia Wright; commend .................................................. 4879 HR 2168-- Citizens Bank of Swainsboro 2009-2010 Student
Advisory Board; commend........................................................................ 4879 HR 2169-- Bennett, Mrs. Olivia; commend................................................................. 4879 HR 2170-- Finch, Mrs. Kate; commend ...................................................................... 4879 HR 2171-- Gross, Mrs. Sallie Mae; 80th birthday; celebrate ...................................... 4879

INDEX

6465

HR 2172-- LISTA Hispanic Empowerment Month; April, 2010; recognize.................................................................................................... 4879
HR 2173-- Carl Vinson Institute of Government; commend....................................... 4879 HR 2174-- 2010 inaugural class of Leadership Columbia County;
commend.................................................................................................... 4880 HR 2175-- Royster, Ms. Gloria Jean; commend.......................................................... 4880 HR 2176-- Reese, Mr. J.T., Jr.; condolences ............................................................... 4880 HR 2177-- Keen, Honorable Jerry; retirement from House of
Representatives; commend ........................................................................ 4880 HR 2178-- Mendum, Ms. Reita; commend ................................................................. 4880 HR 2179-- LeClair, Dr. Bruce Merrill; commend ....................................................... 4880 HR 2180-- Hudalla, Mr. Ray; commend ..................................................................... 4880 HR 2181-- Morgart, Gail; commend ........................................................................... 4880 HR 2182-- Sickler, Katie; commend ........................................................................... 4881 HR 2183-- Owens, Master Sergeant Charles Homer; commend................................. 4881 HR 2184-- McHugh, Chris; commend......................................................................... 4881 HR 2185-- Shields, Devin; commend .......................................................................... 4881 HR 2186-- McElhaney, Mr. Kevin; commend ............................................................ 4881 HR 2187-- Furtick, Henry; commend .......................................................................... 4881 HR 2188-- Everson, Ms. Danielle V.; commend......................................................... 4881 HR 2189-- Amity Lodge #731 of the Free and Accepted Masons;
commend.................................................................................................... 4881 HR 2190-- Marcus, Reverend Dr. Kenneth E.; commend........................................... 4882 HR 2191-- Mikszan, Laura; World Campus Day; May 15, 2010;
recognize.................................................................................................... 4882 HR 2192-- Height, Ms. Dorothy Irene; condolences................................................... 4882 HR 2193-- Hooks, Mr. Benjamin Lawson; condolences............................................. 4882 HR 2194-- International Campaign for Victory Over Violence Day;
April 27, 2010; recognize .......................................................................... 4882 HR 2195-- Carter, Officer James Franklin, Jr.; condolences....................................... 4882 HR 2196-- Kinney, Mr. Christopher Allen; commend ................................................ 4882 HR 2197-- Austin, Ms. Brittany; commend................................................................. 4883 HR 2198-- Lindbergh, Mr. Erik R.; commend ............................................................ 4883 HR 2199-- Sino-American 1+2+1 Dual Degree Program; commend ......................... 4883 HR 2200-- Women's Health Week; May 9-15, 2010; recognize................................. 5067 HR 2201-- Georgia Law Enforcement Command College;
founders; establishment; recognize............................................................ 5067 HR 2202-- John Marshall Law School; faculty; students; staff;
board chairman; commend......................................................................... 5068

6466

INDEX

HR 2203-- Tucker High School's Habitat for Humanity Chapter; commend.................................................................................................... 5068
HR 2204-- Central-Carroll High School Marching Band; commend.......................... 5068 HR 2205-- Woods, Reverend Robert H., Sr.; condolences ......................................... 5068 HR 2206-- Georgia Southern University Center for Addiction and
Recovery; commend .................................................................................. 5068 HR 2207-- Beasley, Mrs. Ardena; commend............................................................... 5068 HR 2208-- Stallworth, Ms. Catherine; commend ........................................................ 5068 HR 2209-- Parks, Ms. Bernice; commend ................................................................... 5069 HR 2210-- Price, Ms. Mattie P.; commend ................................................................. 5069 HR 2211-- Ferrell, Ms. Sandra; commend................................................................... 5069 HR 2212-- Thomas, Alexander Carl; commend .......................................................... 5069 HR 2213-- Tinnon, David Scott; commend................................................................. 5069 HR 2214-- Strickland, Cedric Jeremy; commend........................................................ 5069 HR 2215-- Sherman, Christopher Scott; commend ..................................................... 5069 HR 2216-- Shanor, Richard McRae; commend........................................................... 5069 HR 2217-- Wilkins, Robert Michael; commend.......................................................... 5069 HR 2218-- Sewell, Robert Sheffield; commend .......................................................... 5070 HR 2219-- Webb, Yates Christopher; commend......................................................... 5070 HR 2220-- Honor Flight of Northwest Georgia; Georgia's World
War II veterans; commend......................................................................... 5291 HR 2221-- 40th Biennial Clergy Laity Congress; commend ...................................... 5291 HR 2222-- Sawhill, Caroline Kimbrell; birth; celebrate.............................................. 5291 HR 2223-- Olens, Mr. Sam; commend ........................................................................ 5291 HR 2224-- Bonner, Mrs. Deane; commend ................................................................. 5292 HR 2225-- Walraven, Mrs. Brenda Wheeler; commend ............................................. 5292 HR 2226-- Johnson, Mr. Frank; commend .................................................................. 5292 HR 2227-- Robinson, Mr. Gerard; commend .............................................................. 5292 HR 2228-- DeLargy, Dr. Paul; commend .................................................................... 5292 HR 2229-- Cochran, Mr. Tom; commend ................................................................... 5292 HR 2230-- R-Jabs Wings; third anniversary; commend.............................................. 5292 HR 2231-- Hosey, Mr. Ashley B.; commend .............................................................. 5293 HR 2232-- Love, Walter Barrow; commend ............................................................... 5293 HR 2233-- Curtis, Ms. Eloise Kay; commend............................................................. 5293 HR 2234-- O'Callaghan, Ben Lacy, III; commend ...................................................... 5293 HR 2235-- Morse, William Richard; commend .......................................................... 5293 HR 2236-- Rasmussen, Christian Hay; commend ....................................................... 5293 HR 2237-- Blumer, Frederick Tanner, Jr.; commend.................................................. 5293 HR 2238-- Palmer, Ian Donlaw; commend ................................................................. 5293

INDEX

6467

HR 2239-- Cox, Devin Hawkins; commend................................................................ 5294 HR 2240-- Dancu, Eric Finlayson; commend.............................................................. 5294 HR 2241-- Denson, Thornton John; commend............................................................ 5294 HR 2242-- Connelly, Robert Alexander; commend .................................................... 5294 HR 2243-- Rockdale County Democratic Party; commend ........................................ 5294 HR 2244-- United States Congress; designate Mountaintown area
as National Wilderness area; urge ............................................................. 5294 HR 2245-- Glanville, Evan Victor; commend ............................................................. 5294 HR 2246-- Heckel-Jones, Cedric A.C.; commend....................................................... 5294 HR 2247-- Huckaby; Justin Terrell; commend............................................................ 5295 HR 2248-- Jacobs, Garrett Michael; commend ........................................................... 5295 HR 2249-- Love, Francis McIntire; commend ............................................................ 5295 HR 2250-- Riley, Robert Harris; commend ................................................................. 5295 HR 2251-- Schley-Ritchie, Addison Dorsett; commend ............................................. 5295 HR 2252-- Kahn, Adam Nathan; commend ................................................................ 5295 HR 2253-- DeKalb County Board of Education & DeKalb County
Board of Commissioners; commend ......................................................... 5295 HR 2254-- Ga.'s Day of Remembrance of the Armenian Genocide;
April 24, 2010; recognize .......................................................................... 5827 HR 2255-- Mantella, Mr. Tino; commend................................................................... 5827 HR 2256-- Roberts, Mr. Roy; commend ..................................................................... 5827 HR 2257-- Georgia Writers Hall of Fame; commend ................................................. 5827 HR 2258-- Dawson, Mr. Wendell T.; commend ......................................................... 5827 HR 2259-- Toney, Apostle Sylvia J.; commend .......................................................... 5828 HR 2260-- Smith, Representative Bob; commend ...................................................... 5828 HR 2261-- Holcombe, Mr. Ed; commend ................................................................... 5828 HR 2262-- Delta Day at the state capitol; March 1, 2010; recognize.......................... 5828 HR 2263-- Erassa, Kirubel; commend......................................................................... 5828 HR 2264-- Georgia Great Steak Cook-off; Jeff Davis County;
recognize.................................................................................................... 5828 HR 2265-- Stiggers, Marlene C.; commend ................................................................ 5828 HR 2266-- Alvarez, Mr. Francisco "Perry", Jr.; Alfredo's Italian
Restaurant; commend ................................................................................ 5828 HR 2267-- Scott, Jennifer; commend .......................................................................... 5829 HR 2268-- Johnson, Gail McGill; commend............................................................... 5829 HR 2269-- Smith, David; commend ............................................................................ 5829 HR 2270-- Downer-McKinney, Denise; commend ..................................................... 5829 HR 2271-- Roberts, Pete; the late Mary Lee Roberts; commend ................................ 5829 HR 2272-- Pillsbury, John; commend ......................................................................... 5829 HR 2273-- Kirkland, Mr. Zene William; condolences ................................................ 5829

6468

INDEX

HR 2274-- Walker, Deacon DeWayne; condolences .................................................. 5829 HR 2275-- Otubushin, Mama Omo Oba Bernice Olusola Onabanjo
Nee; condolences ....................................................................................... 5830 HR 2276-- Summerbell, Martha Bryant; commend .................................................... 5830 HR 2277-- Pellom, Ms. Renee; commend ................................................................... 5830 HR 2278-- Campbell, Dr. Wilburn A., Jr.; commend.................................................. 5830 HR 2279-- White, Reverend Henry; commend ........................................................... 5830 HR 2280-- International Dance Commission; commend............................................. 5830 HR 2281-- Porter, Representative DuBose; commend ................................................ 5830 HR 2282-- McAfee, Mr. Jim; commend...................................................................... 5831 HR 2283-- Currington, Mr. Billy; commend ............................................................... 5831 HR 2284-- Collins, Mr. Elmo; condolences ................................................................ 5831 HR 2285-- Johnson, Joe; Atlanta Hawks; commend ................................................... 5831 HR 2286-- Rollins, Reverend Beverly; 24 years of service;
commend.................................................................................................... 5831 HR 2287-- Hendrix, Mrs. Georgianna S.; commend ................................................... 5831 HR 2288-- Rosenbaum, Rabbi Kalmen M.; commend................................................ 5831 HR 2289-- Devereux United Methodist Church; 100th anniversary
of sanctuary; commend.............................................................................. 5832 HR 2290-- Napier, Lindsey; commend........................................................................ 5832 HR 2291-- Torah Day School of Atlanta; commend ................................................... 5832 HR 2292-- Collins, Lauren; 2010 STAR Student; commend ...................................... 5832 HR 2293-- Burnham, Mrs. Leigha; 2010 STAR Teacher; commend.......................... 5832 HR 2294-- Horford, Al; Atlanta Hawks; commend..................................................... 5832 HR 2295-- Teilhet, Representative Rob; service to Georgia House
of Representatives; commend.................................................................... 5832 HR 2296-- Taylor, Mr. William Wesley; commend.................................................... 5832 HR 2297-- Bennett, Rajaan Jhakari; condolences ....................................................... 5833 HR 2298-- Smith, Mrs. Francis Colclough and Mrs. Marjorie
Robie Smith; condolences ......................................................................... 5833 HR 2299-- Georgia State University College of Law Moot Court
Team; commend ........................................................................................ 5833 HR 2300-- Bramblett, Mrs. Kelly; contributions to education;
commend.................................................................................................... 5833 HR 2301-- Hart, Ms. Carolyn Lee; retirement; commend........................................... 5833 HR 2302-- Jenkins-Miller, Minnie; retirement; commend .......................................... 5833 HR 2303-- Morgan, Michael; commend...................................................................... 5833 HR 2304-- Minton, Ms. Joan; retirement; commend................................................... 5834 HR 2305-- Jackson, Ms. Jo Ann; retirement; commend.............................................. 5834

INDEX

6469

HR 2306-- Power Soccer sport; North Georgia Screamin' Eagles; commend.................................................................................................... 5834
HR 2307-- Sanders, Ned M.; commend....................................................................... 5834 HR 2308-- Jackson, LeDasha; Miss Junior South 2010; commend ............................ 5834 HR 2309-- VanderMeer, David A.; commend............................................................. 5834 HR 2310-- Charles, Reverend Gary Wayne; outstanding ministry;
commend.................................................................................................... 5834 HR 2311-- Williams, Mr. Phillip Lee; Georgia Writers Hall of
Fame induction; commend ........................................................................ 5834 HR 2312-- Peoples, Ms. Dottie; commend.................................................................. 5835 HR 2313-- Green, Ms. Ivy J.; service to State of Georgia;
commend.................................................................................................... 5835 HR 2314-- Roberts, Caroline; commend ..................................................................... 5835 HR 2315-- McCauley, Sarah; commend...................................................................... 5835 HR 2316-- City of Port Wentworth; named Purple Heart City;
congratulate................................................................................................ 5835 HR 2317-- Cook, Mr. Albert "Al" Milton; condolences ............................................. 5835 HR 2318-- Gandy, Winshanai; commend.................................................................... 5835 HR 2319-- Hambie, Chris; Mr. Sophomore South 2010; commend ........................... 5835 HR 2320-- Riley, Cidney A.; Miss Sophomore South 2010;
commend.................................................................................................... 5836 HR 2321-- Zumbro, Caitlin; Miss South 2010; commend .......................................... 5836 HR 2322-- Shankle, Richard; Mr. Junior South 2010; commend ............................... 5836 HR 2323-- Callaway, Eric; Mr. South 2010; commend .............................................. 5836 HR 2324-- Williams, Ms. Jennifer; contributions to education;
commend.................................................................................................... 5836 HR 2325-- Canalis, Ms. Janda Kaye; contributions to education;
commend.................................................................................................... 5836 HR 2326-- Wilson, Mrs. Beth; 2010 STAR Teacher; commend................................. 5836 HR 2327-- White, A.J.; 2010 STAR Student; commend............................................. 5836 HR 2328-- Dooley; Mrs. Kelly; 2010 STAR Teacher; commend ............................... 5837 HR 2329-- Blackburn, Mr. Andy; 2010 STAR Teacher; commend............................ 5837 HR 2330-- Trolander, Kerem; 2010 STAR Student; commend .................................. 5837 HR 2331-- Lively, Sarah Kaye; 2010 STAR Student; commend................................ 5837 HR 2332-- Eckert, Mr. Michael J.; commend ............................................................. 5837 HR 2333-- Carter, Reverend C.L.; commend .............................................................. 5837 HR 2334-- Beasley, Mr. Carl Porter; 30 years of service; commend.......................... 5837 HR 2335-- Beasley, Mr. G. Duke; 88th birthday; commend....................................... 5837 HR 2336-- Cole III, Honorable James "Jim" Malcolm; commend.............................. 5838 HR 2337-- Back to School Jam in South Fulton County; commend........................... 5838

6470

INDEX

HR 2338-- Austin Taylor, Sr., Day in Georgia; designate........................................... 5838
HR 2339-- Faith and Clergy Commission; Board of Directors; commend.................................................................................................... 5838
HR 2340-- Myers, Elaine; commend ........................................................................... 5838

PART IV
SENATE BILLS IN HOUSE
SB 1-- Zero-Base Budgeting Act; provide for the application (PF) .................................................................................................. 2856, 4553
SB 2-- Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement (PF) ........................ No Action in 2010
SB 4-- Constables; notify protected persons upon the service; protected orders (PF) ............................................................. 1703, 2896, 3412
SB 5-- Motor vehicles; use of safety belts; eliminate certain exceptions (PF) .................................................................... No Action in 2010
SB 6-- Driver's Licenses; restricted; change the penalty for violation (PF) ......................................................................... 2302, 3433, 5960
SB 7-- Truth in Testimony Act; require an oath; presenting evidence; committee (PF) ................................................................ 3453, 5131
SB 15-- Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured (PF) ............................................. No Action in 2010
SB 17-- Election; increase filing fees/fines; disclosure reports; filed late (PF) ........................................................................ 1702, 3494, 4702, 4782
SB 22-- Georgia Coordinating Council for Rural/Human Services Transportation; establish ........................................ 1026, 1027, 1083, 3414, 5216
SB 23-- Safety Belts; provide failure to use may be considered evidence of causation, negligence ....................................... No Action in 2010
SB 25-- Income Tax Returns; authorize taxpayers to make certain contributions; programs for the education of multiple sclerosis ................................................................. No Action in 2010
SB 36-- Local Boards of Education; provide for adoption of codes of ethics to govern members; annual review of such codes ............................................................................ No Action in 2010
SB 39-- Taxes; provide for a 1% sales tax; transportation projects in special transport. ............................................................ 2909, 3427
SB 42-- Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties .......................................... No Action in 2010
SB 45-- Nurses; licensure; nursing education programs; revise requirements; definitions ..................................................... No Action in 2010

6472

INDEX

SB 49-- Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions............................................................................. No Action in 2010
SB 50-- Insurance; contracting entities; prohibit access provider's health care .................................................................. 794, 796, 830, 3452
SB 56-- Georgia StopMeth Log; establish .......................................... 2285, 5249, 5355
SB 57-- Georgia Fair Lending Act; definitions; provide for limitations on home loans .......................................................................... 2326
SB 58-- Local Government; newly created municipalities; change certain prov.......................................................................... 2309, 3412
SB 59-- Electronic Mail Fraud; definitions; prohibit ............................................. 1703
SB 62-- Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties......... No Action in 2010
SB 65-- Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time ...................................................................................... No Action in 2010
SB 67-- Drivers' Licenses; examinations shall be administered only in English language............................................................................ 2284
SB 70-- Election; reporting of certain campaign contributions; require special expedited reporting...................................... No Action in 2010
SB 72-- Natural Resources, Board of; rules and regulations; watercraft; penalty of violations; change certain provisions............................................................................. No Action in 2010
SB 75-- Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ........................................................................ No Action in 2010
SB 77-- Municipal Corporations; create special district which employs in excess of 1500 police officers/firefighters combined.............................................................................. No Action in 2010
SB 78-- Georgia Voluntary Remediation Program Act ...................... 3413, 4823, 5363
SB 84-- Local Boards of Education; election; revise provisions ............. 587, 598, 610, 862, 2892, 4600, 4786
SB 95-- Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older.... No Action in 2010
SB 96-- Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions............................................................................. No Action in 2010
SB 99-- Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair......................................................... 3411, 4916, 5826

INDEX

6473

SB 100-- Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date.................. No Action in 2010
SB 102-- Criminal Records; increase the fees for providing certain records...................................................................... No Action in 2010
SB 105-- Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies ............................ No Action in 2010
SB 108-- Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions ................................................... No Action in 2010
SB 112-- Courts; add. criminal penalties for purposes of drug abuse treatment; prov....................................................................... 2302, 2815
SB 118-- Appraisers; serving/have served as member on bd.; prohibit serving as employee ................................................ 1442, 1447, 1518, 3454
SB 120-- MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system ..................................................... No Action in 2010
SB 124-- Public Disclosure; provide social security numbers in public documents shall not be disclosed.............................. No Action in 2010
SB 130-- Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures.......................................... No Action in 2010
SB 131-- The Revised Georgia Trust Code of 2009 ................................ 130, 612, 3469, 5989
SB 136-- Penal Institutions; U.S. Immigration/Customs required to participate .......................................................................... 1703, 3510, 5458
SB 138-- Transparency in Lawsuits Protection Act................................... 794, 796, 830, 2326, 4897
SB 143-- Public Meetings; limitation on action to contest agency action; change prov............................................................... 2096, 2253, 2279, 2326
SB 148-- Georgia Occupational Regulation Review Law ......................... 715, 716, 751, 3453, 4955, 5060, 5818
SB 149-- Uniform Athlete Agents Act...................................................................... 5363
SB 150-- Junk Dealers; repeal chapter and designate it as reserved .................................................................................. 1405, 1406, 1439
SB 153-- Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full.......................................................... No Action in 2010

6474

INDEX

SB 156-- Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund.................................... No Action in 2010
SB 157-- Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law ............................................. No Action in 2010
SB 158-- General Assembly; fiscal bills; requirements for fiscal notes regarding legislation; provide exceptions .................. No Action in 2010
SB 160-- Education; Veterans Day; revise provision; elementary/secondary schools shall be closed on November 11........................................................................ No Action in 2010
SB 161-- Insurance; require certain coverage for autism spectrum disorders; definitions............................................................. 1746, 2254, 2279, 3001
SB 162-- Private Detective Businesses; security guards; licensure for employment.......................................................................................... 2327
SB 163-- Human Resources Commissioner; authorize to appoint a diabetes coordinator .......................................................... No Action in 2010
SB 164-- State Highway System; signs and signals; height limitations; allow owners to obtain permits to remove vegetation from the viewing zones ...................................... No Action in 2010
SB 169-- Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means ....................................................................... No Action in 2010
SB 173-- Criminal Justice Coordination Council; councilmembers' compensation; provisions ......................... 1150, 1151, 1218, 3412, 5121
SB 176-- Public Retirement Systems Standards Law; any increase in the actuarial accrued unfunded liability which occurs as a result of the enactment ........................... No Action in 2010
SB 180-- Driving Permits; allow issuance; under the influence; subject to conditions .................................................................................. 3412
SB 183-- Locust Grove, City of; authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations ............................................................................ No Action in 2010
SB 184-- Contractor; service of notice of commencement; requirements; procedure for application of certain forms ... No Action in 2010
SB 188-- Code Officials; provide for protection and training; definitions; criminial penalties ............................................ No Action in 2010
SB 194-- State Purchasing; benefits based funding projects; revise provisions .................................................................... 4779, 5959, 6010

INDEX

6475

SB 195-- Professions/Businesses; clarify applications submitted in prescribed form................................................................. 3427, 4978, 5705, 5992
SB 206-- Governor; require tax expenditure reviews as part of budget report ............................................................................. 298, 905, 1614, 2310, 5457
SB 222-- State Health/Human Services; reorganize and reestablish various agencies................................................. No Action in 2010
SB 223-- Women's Reproductive Health Legislative Oversight Committee; create ................................................................ No Action in 2010
SB 226-- Truth in Music Advertising Act................................................................. 3412
SB 228-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions ................................................................ No Action in 2010
SB 231-- Education; establish the PROMISE III teacher's scholarship ................................................................................................. 5288
SB 233-- Health; require the board to administer examinations; respective scopes of practice for purposes of certifying emergency medical technicians ........................................... No Action in 2010
SB 235-- Microchip Consent Act...................................................... 242, 243, 256, 3006
SB 237-- Commerce/Trade; prohibit pricing practices during an abnormal market disruption ........................................................ 834, 837, 897, 2325, 3494, 5297, 6000
SB 238-- Bd. of Regents Scholarship; authorize add. types of student financial asst............................................................. 3469, 5296, 5993, 6105
SB 239-- Education; mandatory attendance; provisions ...................... 3000, 5162, 5430, 5728
SB 244-- Ga. Registered Professional Nurse Practice Act ............................. 5458, 5905
SB 250-- Education; unlawful disruption; operation of public schools; revise prov. ............................................................. 1703, 2267, 5993
SB 252-- Polysomnography Practice Act; certification of polysomnographic technologists ........................................... 2851, 4818, 5290
SB 254-- State Properties Commission; authority to enter into multiyear lease agree ......................................................... 834, 837, 897, 3414
SB 258-- Snellville, City of; voting powers of the mayor; change provisions............................................................................. No Action in 2010
SB 263-- Rockdale County Probate Court; compensation of judge; change provisions ..................................................... No Action in 2010
SB 264-- Superior Court of Jasper County; appointment of a clerk of the magistrate court ................................................ No Action in 2010

6476

INDEX

SB 268-- Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents, and employees ......................................................... No Action in 2010
SB 274-- Municipal Court of Columbus, Georgia; provide municipal court judges shall be elected on a nonpartisan basis ..................................................................................... No Action in 2010
SB 277-- Magistrate Court of Troup County; chief magistrate shall be full-time ................................................................................ 961, 1023
SB 279-- Decatur, City of; authorize all redevelopment/other powers; provide a referendum ........................................................... 961, 1024
SB 283-- Retirement; tax commissioner; on/after July 1, 2010 Employees' Retirement ............................................................... 258, 259, 272, 1087
SB 285-- MARTA; allow transportation services contract to authorize the extension .......................................................... 1442, 1447, 1518
SB 287-- Drivers' License; instructional permit; stolen or forged; issued new number ................................................................... 259, 272, 2310, 5139, 5298
SB 291-- Firearms; laws concerning carrying of concealed weapons; revise comprehensively ........................................ 1711, 1719, 2248, 3453, 5144
SB 296-- State Government; rename Office of Treasury and Fiscal Services (PF) .................................................................... 197, 198, 216, 735, 1218, 2266
SB 298-- Education; secondary health education; basic first aid (PF) .............................................................................................. 899, 901, 960
SB 299-- Juvenile Proceedings; zero tolerance policy on weapons in schools (PF) ...................................................................... 1443, 1447, 1518, 2302, 5217, 5961
SB 302-- Wills, Trusts; when no distribution made, notify dist. attorney (PF) .......................................................................... 1711, 1720, 2248
SB 305-- Transportation, Dept. of; design-build method; increase percentage contracted ................................................................. 330, 331, 595, 701, 1053, 5456, 6085
SB 306-- Rules of Road; wearing device impairs hearing; exemption..................................................................................... 159, 160, 174
SB 308-- Firearms; carrying and possession; change provisions; definitions ............................................................................. 1712, 1720, 2248, 4796, 5299, 5430, 5439, 5801, 5821, 6028, 6101

INDEX

6477

SB 310-- Insurance; pharmacy benefits managers; regulation and licensure ...................................................................................... 899, 902, 960, 3001, 3480, 4679, 4696
SB 313-- Grand Juries; oath shall be given to all witnesses ...................... 900, 902, 960, 3412, 5327
SB 315-- Uniform Emergency Volunteer Health Practitioners Act; enactment ........................................................................... 219, 238, 2851
SB 316-- Medicare Supplemental; make available under age 65; disability/end-stage renal ............................................................ 834, 837, 897, 3001, 4838, 5290
SB 317-- Health; no law shall compel any person to participate in any healthcare ................................................................... 1443, 1447, 1518, 2296
SB 319-- Education; definition of "textbook" include computer hardware/technical ...................................................................... 198, 216, 961, 2290, 2892
SB 321-- Public Water Supply-Private Initiative Act; provide............. 1443, 1448, 1518
SB 322-- Property; covenants with the land; zoning laws; clarify provisions..................................................................................... 900, 902, 960
SB 324-- Georgia Peace Officer Standards and Training Council ............ 243, 256, 737, 3476
SB 332-- Public School; reporting; local boards of education; students bringing weapons..................................................... 1949, 2254, 2279
SB 334-- Crime; medical identity fraud; provide punishment.................... 900, 902, 960
SB 335-- Alcoholic Beverages; counties with approval; sale on premises 100 yards................................................................ 1093, 1095, 1147, 3453
SB 336-- Georgia Boxing Association; governing body; amateur boxing, wrestling .................................................................. 2096, 2254, 2279, 3453
SB 338-- Georgia Sports Hall of Fame Authority; designate signs commemorating sporting.............................................. 1531, 1534, 1701
SB 339-- Contractors; utility contractors to bid upon/perform work on any utility sys................................................................ 716, 717, 751, 3453, 5901
SB 340-- Education; adopt a reporting system; potential HOPE eligibility..................................................................................... 900, 903, 960, 3032, 3508
SB 341-- HOPE; legal Georgia resident to be eligible for a HOPE GED voucher .............................................................................. 794, 796, 830, 948, 2289

6478

INDEX

SB 343-- Public Administration; offenses; impersonating officer include firefighter .................................................................. 1531, 1535, 1701
SB 344-- 'Health Share' Volunteers in Medicine Act"; sovereign immunity protection ................................................................... 299, 300, 325, 2296, 3430
SB 345-- Rules of the Road; allow races; sanctioned by local governing authority............................................................... 1225, 1228, 1400, 3413, 4918, 5430, 5984
SB 346-- Ad Valorem Taxes; comprehensive provisions.................... 1150, 1152, 1218, 3121, 3513, 4876, 5266
SB 351-- Accountants; provide reduced required hours for state employees .............................................................................. 1026, 1028, 1083
SB 353-- Controlled Substances; Schedule I, II, IV, and V; definition of dangerous drug....................................................... 795, 797, 830, 2296, 2847
SB 354-- Public Roads; further declare authority of counties/municipalities to remove ........................................ 1531, 1535, 1701, 2858, 3431
SB 355-- Health; priority list of persons authorized; disposition of deceased persons......................................................................... 835, 838, 897, 2326, 3024
SB 360-- Motor Vehicles; prohibit persons 18 years of age or younger from using wireless................................................. 1443, 1448, 1518, 3453, 4812, 4899, 4978, 5061, 5070, 5356, 5396
SB 362-- Property; liens of mechanics/materialmen; waiver and release upon payment............................................................ 1746, 2255, 2279, 3453, 4908, 5895
SB 363-- State Employees' Health Insurance Plan; Georgia Student Finance Authority .......................................................... 795, 797, 830, 3452, 4910
SB 364-- Massage Therapist; conviction for sexual offense; license suspended.................................................................. 1405, 1407, 1439, 3412, 4850, 5958
SB 367-- Influenza; revise the definition of "influenza vaccine" .............. 835, 838, 897, 3439, 4842, 5290
SB 368-- Fair Business Practices Act of 1975; deceptive representation; geographic origin ......................................... 1405, 1407, 1439, 3439, 4859, 5958

INDEX

6479

SB 369-- Buildings/Local Gov't; modify agencies; housing/political; invest funds.............................................. 1405, 1407, 1439, 2303, 2897, 3469
SB 370-- Water; examine practices, programs, policies; develop programs ............................................................................... 1094, 1095, 1147, 1148, 1424
SB 371-- Ga Bureau of Investigation; authority to investigate; fraudulent real estate................................................................... 835, 838, 897, 3412, 4907
SB 373-- Peace Officers; investigate applicant's good moral character; certification .......................................................... 1746, 2255, 2279, 3413, 4682, 5958
SB 374-- Legislative Economic Development Council; create ................. 716, 717, 751, 947, 3038, 4786, 6103
SB 375-- Behavorial Health/Developmental Disabilities; revise provisions............................................................................... 1712, 1721, 2248
SB 376-- Covington Municipal Airport Authority Act; powers, duties, membership ..................................................................... 597, 598, 714, 752, 757
SB 380-- Ga Environmental Facilities Authority; water supply division; reservoirs ............................................................... 1712, 1721, 2248, 3413, 4686, 5459
SB 381-- Planning and Budget Office; tax expenditure reports/ fee report as part budget............................................................... 901, 903, 960
SB 384-- Buildings; pre-owned manufactured homes; standards.............. 835, 838, 897, 3452, 5134, 5431
SB 385-- Detention; counties demonstrate; funding for housing state inmates........................................................................... 1713, 1721, 2248
SB 387-- Education; career counseling/advisement for students......... 1226, 1228, 1400, 3000, 4906
SB 388-- State Printing; any state law authorizes a state to publish; printed/electronic .................................................... 1150, 1152, 1218, 3412, 4922, 5994
SB 389-- State Auditor; website of Dept. of Audits and Accounts; provisions.............................................................................. 1150, 1152, 1218, 2856, 3492
SB 390-- Local Government; municipal corporation; conservation easement .......................................................... 1026, 1028, 1083, 2326, 4883, 5960
SB 391-- Proceedings; provide for certain children found incompetent to stand trial...................................................... 1151, 1153, 1218, 4796

6480

INDEX

SB 392-- Education; require common/contract carriers certified; transport. of students............................................................. 1226, 1228, 1400, 2310, 2903
SB 397-- "Blue Alert"; create state-wide system to speed apprehension of criminals..................................................... 1226, 1229, 1400, 2296, 2902
SB 399-- State Government; no department implement prov.; health care reform .................................................................. 1949, 2255, 2279
SB 400-- Juvenile Proceedings; clarify prov.; juveniles receiving credit for time served ............................................................ 1151, 1153, 1218, 4796
SB 401-- Georgia Energy Freedom Act of 2010................................... 1531, 1535, 1701
SB 402-- Land Conservation; redefine certain terms........................... 1406, 1408, 1439, 3413, 4912
SB 406-- Elections; provide for online voter registration; procedures............................................................................. 1406, 1408, 1439, 2858, 3024, 3032
SB 407-- Insurance; authorize insurers to offer individual medical/surgical health ......................................................... 2096, 2255, 2279, 4580
SB 409-- Taxes; provide statement of intent; granting a tax break; raw forest products................................................................ 1713, 1721, 2247, 3454, 4537
SB 410-- Motor Vehicles; designate ambulances as emergency vehicles ................................................................................. 1713, 1722, 2247, 2296, 4913
SB 411-- "Healthy Georgians Act of 2010"......................................... 1444, 1448, 1518, 3001, 4892, 5457
SB 414-- "Jared Little Act"; Georgia State Indemnification Fund ...... 1713, 1722, 2247, 3453, 4914
SB 415-- Public Utilities; regulation of private emergency warning point to multipoint .................................................. 1714, 1722, 2247, 3453, 5328, 5991
SB 418-- Controlled Substance; establish program; monitoring of prescribing/dispensing .......................................................... 1714, 1723, 2247, 3439, 5878, 6108
SB 419-- Drivers' License; notation; post traumatic stress disorder veterans ................................................................... 1894, 2256, 2279, 2310, 3429, 4609, 5854, 6101
SB 421-- Budget/Financial Affairs; Revenue Shortfall Reserve; not exceed 15 percent ........................................................... 1714, 1723, 2248, 2856, 3507

INDEX

6481

SB 422-- Porterdale, City Of; provide homestead exemption; municipal purposes ..................................................................... 836, 839, 897, 961, 1024
SB 423-- "Smash and Grab Act"; add. offenses to the definition of "designated felony act ....................................................... 1714, 1723, 2248
SB 426-- Education; prohibit per diem; at-fault board members; ........ 2055, 2256, 2279
SB 427-- Georgia Foundation for Public Education; establish ............ 1406, 1408, 1439, 3000, 4695
SB 432-- "Advanced Broadband Collocation Act".............................. 1094, 1096, 1147, 2301, 3432, 3435, 4817
SB 435-- "Diabetes and Health Improvement Act of 2010"; enact ..... 1444, 1449, 1518, 2851, 4970, 5355
SB 436-- Retirement; repeal certain obsolete and inoperative provisions.............................................................................. 1715, 1724, 2248, 2297, 2815
SB 439-- Offenses; provide for neutrality with regard to the offense of incest .................................................................... 1444, 1449, 1518, 1703, 2292
SB 440-- Georgia Firefighter Standards/Training Council; change name....................................................................................... 1444, 1449, 1518
SB 442-- "Water System Interconnection Redundancy and Reliability Act" ..................................................................... 1715, 1724, 2248, 3413
SB 443-- Medicaid Care Management Organization Legislative Oversight Committee; create ................................................ 1532, 1535, 1701, 3439
SB 447-- State; preference to in-state materialmen, contractors, builders.................................................................................. 1715, 1724, 2248, 2310, 3549, 5431
SB 449-- Georgia Golf Hall of Fame; abolish; disposition of property................................................................................. 2056, 2256, 2279, 3451, 4865, 6010
SB 451-- Early Care Programs; procedures subsequent to death occurring; family day care ..................................................... 1747, 2257, 2278
SB 454-- Bingo; define certain terms................................................... 1715, 1725, 2248, 4796, 5146, 5274, 5288, 5298, 5327, 5429, 5459, 5844
SB 455-- State Properties Code; modifying cert. prov.; acquiring real property.......................................................................... 1532, 1536, 1701, 2297, 2816

6482

INDEX

SB 456-- Redevelopment; directors; serve as commissioners of urban redevelopment............................................................. 1747, 2257, 2278, 2303, 3435, 5354
SB 457-- Education; local board of education; act on petition conversion charter school ..................................................... 1716, 1725, 2248, 3000, 3505, 5896
SB 458-- Safety Belts; eliminate certain exceptions to the required use of safety belts ................................................... 1716, 1725, 2248, 2851, 4938
SB 461-- Wills, Trusts; construction of wills/trust instruments; federal estate ......................................................................... 1716, 1725, 2248, 2326, 3026, 5354
SB 470-- Computer Security; illegal to prevent; block installation; file-sharing ........................................................ 1716, 1726, 2248, 2858, 4867
SB 472-- State Board of Pardon/Paroles; clarify meaning of 'entirely incapacitated'............................................................ 1532, 1536, 1701
SB 474-- Wildlife; possession of native wild animal; killed by motor vehicle ........................................................................ 1950, 2257, 2278, 3411, 4811, 5122, 5291
SB 478-- State Accounting Office; direct the officer; contract third party; recover fund ....................................................... 1717, 1726, 2248, 2856
SB 480-- State Council of Economic Advisors; creation..................... 1717, 1726, 2248, 2856, 3494, 5154, 5431, 5903
SB 481-- Insurance; accident and sickness policies; coverage termination; spouse; revise ................................................... 1717, 1727, 2248, 3001
SB 482-- Insurance; life settlements; revise certain definitions............ 2097, 2258, 2278
SB 487-- Chattahoochee Hills Country, City of; mayor and council; terms; elections ....................................................... 2284, 2288, 2301, 4797, 4801
SB 488-- Ga Foreign Money Judgements Recognition Act; foreign judgments defamation .............................................. 1717, 1727, 2248, 3412, 4691, 5057, 5226, 5354, 5425, 5826, 5904
SB 490-- Hazardous Waste; amend certain definitions; update provisions; federal reg. ......................................................... 1747, 2258, 2278, 3413, 5153

INDEX

6483

SB 491-- Civil Practice; grounds of exercise; personal jurisdiction; nonresident; prov.............................................. 1718, 1727, 2248, 2326, 4899, 5356
SB 493-- Vital Records; provide for execution of death certificates for burn victims .................................................. 1718, 1727, 2248, 3452, 4680, 5961
SB 496-- Education; establish the HOPE needs based scholarship; definition........................................................... 1762, 2258, 2278, 2857
SB 498-- Controlled Substance; add synthetic cannabinoids; "synthetic marijuana" or "K2" .............................................. 1718, 1728, 2248, 4796
SB 501-- Transportation, Dept. of; modify provisions for the State Transportation Board .................................................... 1895, 2258, 2278
SB 502-- Public Officers; nonelected members;authorities, boards; only actual expenses ................................................ 1950, 2259, 2279, 2856
SB 505-- State Transportation Board; limit membership on the board to one five-year term.................................................... 1895, 2259, 2279
SB 512-- Sales Taxes; revenue commissioner with authority to collect from businesses .......................................................... 1762, 2259, 2279
SB 515-- Educators' Salary Protection Act; enact; prohibit furloughs; local school system............................................... 2097, 2259, 2279
SB 517-- Ad Valorem Taxes; manner and time of making the state ad valorem tax levy; prov.............................................. 2097, 2260, 2279
SB 518-- Education; require study of the pledge of allegiance to the flag .................................................................................. 2097, 2260, 2279, 3451, 4872
SB 519-- Motor Vehicles; motorized cart; modify definition; change hours of operation..................................................... 1950, 2260, 2279, 2858, 3024, 3414, 4949, 5362, 5986
SB 520-- Transportation, Dept. of; provide for an Intermodal Division within department .................................................. 1950, 2261, 2279, 2858, 3024, 3414, 5209, 5356, 6057
SB 521-- Education; provide for enrollment counts for students in certain dual enrollment ......................................................... 2056, 2261, 2279, 3451, 4883
SB 523-- Georgia Sports Hall Of Fame Authority; reconstitute the governance ...................................................................... 1895, 2261, 2279, 3451, 4947, 5155, 5962

6484

INDEX

SB 526-- Public Roads; provide for regulation of oversize and overweight loads on streets................................................... 1896, 2262, 2279, 3460
SB 529-- Crimes and Offenses; specify certain acts that constitute criminal abortion................................................................... 1951, 2262, 2279, 4580
SB 533-- Lilburn, City of; change the corporate limits of the city ...... 3029, 3030, 3411, 4797, 4799, 5173, 5174, 5961
SB 536-- Chattahoochee Hills, City of; increase the homestead exemption ad valorem taxes ................................................. 3421, 3428, 3459, 4797, 4802
SB 538-- Albany, City of; Dougherty County; consolidated government of Albany-Dougherty........................................ 3471, 3474, 4796
SB 539-- McPherson Implementing Local Redevelopment Authority; modify certain prov............................................. 2306, 2308, 2325, 5173, 5179
SB 540-- Marietta, City of; modify provisions relating to the city council.................................................................................... 2306, 2308, 2325
SB 542-- Griffin Judicial Circuit; not decrease the county supplements for judges ......................................................... 3454, 3470, 4796, 5173, 5179
SB 543-- Baldwin County; ad valorem taxes for county purposes; reduce the age for qualify ..................................................... 3029, 3030, 3411, 3459, 3463
SB 544-- DeKalb County Ad Valorem Taxes; extend exemption for another five-year period .................................................. 3029, 3031, 3411, 3459, 3463
SB 545-- Turner County; create a board of elections and registration; powers............................................................... 3471, 3474, 4796, 5173, 5179
SB 547-- St. Marys, City of; ad valorem taxes; provide for homestead exemption; municipal ......................................... 3454, 3470, 4796, 5173, 5180
SB 548-- Lee County; chief Magistrate shall appoint the clerk of the Magistrate Court ............................................................. 3472, 3475, 4796, 5173, 5180
SB 549-- Rabun County; authorized to lease or sell lands and buildings to the Authority ..................................................... 3472, 3475, 4796, 5173, 5180
SB 550-- Rabun County; Mountain City; change terms of future members of the city council.................................................. 3472, 3475, 4796, 5352, 5838

INDEX

6485

SB 551-- Rabun County; Mountain City; annex certain territory to the city .............................................................................. 3472, 3475, 4796, 5352, 5839

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1-- Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts CA .................................................... No Action in 2010
SR 12-- General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells CA ................................................................................................ 735
SR 44-- Tax; regional local option transportation tax-CA................ No Action in 2010 SR 49-- "Employee Free Choice Act"; urge U.S. Congress to
oppose any efforts to adopt.................................................. No Action in 2010 SR 109-- Retrofit of Diesel Engines; joint study committee;
create .................................................................................... No Action in 2010 SR 117-- Transportation, Georgia Dept. of; urged to build a
maglev train to be known as the "The Plane Train" ............ No Action in 2010 SR 153-- Education Improvement Districts; provide creation and
comprehensive regulation -CA ............................................. 3029, 3030, 3451, 4942
SR 274-- Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall............................................................................. 272, 2265
SR 277-- Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations -CA............................................. 1220, 5268, 5962
SR 291-- National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact ..................................................................... No Action in 2010
SR 331-- Health Care Transformation; create Joint Study Committee............................................................................ No Action in 2010
SR 402-- Joint Telecommunications Comprehensive Reform Study Committee; create...................................................... No Action in 2010
SR 453-- Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Dept. of Revenue information............................................................ No Action in 2010
SR 464-- Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ........................... No Action in 2010
SR 465-- Local School Systems/Postsecondary Institutions; value of partnership; recognize ..................................................... No Action in 2010
SR 466-- Performance Based Principal Certificate Renewal Design Team; establish........................................................ No Action in 2010

6488

INDEX

SR 510-- State Properties Commission; Board of Regents; multiyear rental agreements-CA........................................ 836, 839, 897, 3414
SR 513-- Joint Georgia State Fire Services Study Committee; create ..................................................................................... 1895, 2262, 2279, 3413
SR 796-- General Assembly Convened; notify Governor ...................................... 41, 42
SR 797-- Senate Convened; notify House of Representatives...................................... 41
SR 821-- Transportation Department; multiyear construction agreements-CA ..................................................................... 1534, 1536, 1701, 2858, 4952
SR 822-- Transportation, Dept. of; urged to seek waiver from Federal Highway Administration to allow retail developments along interstate highway................................ 1027, 1028, 1083, 2858, 4534
SR 1075-- State Highway System; dedicate certain portions ................ 2098, 2263, 2279, 3414, 4538, 5290
SR 1083-- Public Property; conveyance; 11 counties............................ 1534, 1537, 1701, 2297, 2817, 3426
SR 1120-- Adjournment; relative .......................................................................... 795, 797
SR 1145-- State Board of Technical and Adult Education; encourage to initiate programs in ecological job training ..... 4837, 5067, 5173
SR 1199-- Certification and Professional Task Force; create; directing Professional Standards Commission to temporarily modify its rule; certificate renewal .................... 1534, 1537, 1701
SR 1231-- Governmental Energy Efficiency; authorize state multiyear contracts; vendors guarantee realization of specified savings to improvements-CA ................................ 1719, 1728, 2248, 3414, 5137, 5959
SR 1322-- Adjournment; relative ...................................................................... 1485, 1486
SR 1339-- Ebersole, W. Daniel; commend ....................................................... 2238, 2275
SR 1423-- Adjournment; relative ................................................................................ 2330